Utility Pole Access: A Key Barrier to Broadband Expansion
Expanding broadband access is essential for closing the digital divide and providing equitable internet connectivity. However, one of the most significant challenges facing internet service providers (“ISP”) is securing access to utility poles, which are often very old and require costly upgrades.
Disputes over pole attachments have led to delays in broadband deployment, particularly in rural areas. Addressing these conflicts is crucial for ensuring the success of the federal and state broadband initiatives, such as the Broadband Equity, Access, and Deployment (“BEAD”) program. The federal BEAD program, which was created under the Infrastructure Investment and Jobs Act of 2021, still remains in preliminary stages and is “falling behind schedule.” While all states have received approval for their initial proposals, only Delaware, Louisiana and Nevada have provisionally awarded funds and submitted their Final Proposals for approval by the NTIA. In addition to delays in program administration stemming from the transition to the new Trump administration, ISPs must also navigate a complex web of regulatory hurdles and cost disputes at the state and local levels that continue to hinder broadband expansion efforts. Without a streamlined approach to resolving these conflicts, the ambitious goal of nationwide broadband access may face prolonged delays, leaving many communities without reliable internet access.
Disputes over utility pole attachments primarily arise in rural and underserved areas where broadband deployment is most needed. The financial burden on ISPs can be substantial, as they are often required to replace utility poles at their own expense before proceeding with expansion efforts. For example, a large ISP reported in a letter to the FCC that it was required to bear the cost of replacing one in every six poles before it could proceed with network expansion. These costs quickly accumulate, making broadband expansion financially unfeasible.
West Virginia serves as an illustrative example of how utility pole disputes can impede broadband expansion. Currently, one in four homes or businesses in West Virginia have extremely slow internet speeds or no internet access at all. To bridge this gap, ISPs must install fiber cables on existing poles, which are predominantly owned by electric utilities. The utilities argue that ISPs should bear the full cost of pole replacements if the infrastructure does not meet updated attachment requirements. These costs can range from $600 to more than $6,000 per pole, creating a significant financial burden on ISPs and delaying broadband expansion. The ongoing dispute over additional fees or replacements of poles has threatened the state’s plans for every household to have “a minimum of 100 megabits per second download and 20 megabits per second upload internet speeds.”
In addition to very high replacement costs, ISPs have faced issues with gaining access to utility poles. In Kentucky, for example, the Warren Rural Electric Cooperative Corporation (“WRECC”) has restricted ISPs to only 120 pole attachment applications per month. At this rate, achieving full broadband connectivity in the targeted areas could take up to 14 years, significantly slowing the progress of network expansion and leaving many customers without reliable internet access. Pole access negotiations have been lengthy and have caused significant delays in deployment timelines across the country.
Addressing utility pole disputes is essential to advancing broadband deployment and ensuring equitable internet access for all communities. The delays and financial challenges associated with pole access continue to threaten the effectiveness of federal and state programs like BEAD, leaving many without reliable connectivity. A strategic approach that includes equitable cost-sharing, streamlined regulatory policies, and collaborative agreements between ISPs and utility companies is necessary for progress. Canada’s model, adopted in 2023 requiring pole owners to share at least 50 percent of the pole replacement cost, presents a viable solution, demonstrating balanced policies that can accelerate broadband expansion while fairly distributing financial responsibilities. If similar frameworks are adopted in the U.S., the nation can overcome current infrastructure challenges and move forward towards achieving their goals in providing internet access.