FCC staff advanced Comcast’s pole attachment dispute against Appalachian Power (AP) Company. Comcast asked for that.
The company says it’s been awarded a $126 million BEAD to connect approximately 13,000 unserved and underserved locations in Virginia. To connect the locations within the Appalachian Power electric service territory, Comcast estimates it will need to access thousands of AP-owned utility poles.
Comcast alleges in its November 25 complaint that the powerco “is imposing unlawful requirements on Comcast that are delaying and derailing Comcast’s” broadband deployment to unserved and underserved areas. Comcast says, as a new attacher, it’s being delayed pole access “while AP gives the pre-existing violator time to cure the violation.”
If not cured, Comcast says it’s being required “to either cut down the violating attachments or else be denied access to the pole.” Comcast alleges that AP’s pole replacement policy violates Section 224 of the Communications Act.
The Enforcement Bureau has decided the case meets the agency’s criteria for expedited treatment. This places the complaint on the FCC’s accelerated docket and sets up a decision within 60 days.
By Leslie Stimson, Inside Towers Washington Bureau Chief