ACLP Files Reply Comments with the FCC on Pole Attachments and Reverse-Preemption States

policy
BEAD
The comments urge the FCC to update its pole attachment framework to reflect an interstate broadband market — 93.6% of U.S. residential units are served by a wireline ISP that operates in more than one state — and to require reverse-preemption states to recertify their status.
Author

Michael Santorelli, Alex Karras

Published

July 27, 2026

The ACLP recently filed reply comments with the FCC in response to its Public Notice on poles and reverse-preemption states (WC Docket Nos. 17-84, 10-101).

As an overview, the comments:

Attached to the comments is an analysis that we developed to identify how many ISPs serve more than one state. This is among the most significant differences between today’s communications market and electric market. Nearly every electric customer is served by a utility that in all likelihood does not offer retail service across state lines. This is the foundation for state-level regulation of electric utilities as natural monopolies by PUCs. In contrast, we found that 93.6% of U.S. residential units (123,987,527 of 132,526,201) are served by a wireline ISP that operates in more than one state. This highlights the interstate nature of the broadband market and underscores the need for greater consistency in pole attachment regulation.