The West Virginia Public Service Commission just did something more states should have done years ago. It told utility pole owners they can’t stick broadband providers with the entire bill for pole replacements.
In a world where electric utilities routinely use their market power to shift 100 percent of these costs onto attachers, West Virginia finally drew a line, and in doing so delivered a rare dose of fairness to the broadband marketplace.
For too long, disputes over pole attachments nationwide have tied regulators in knots, with pole owners insisting on full reimbursement while providers simply ask to pay their fair share. West Virginia’s order doesn’t just break that stalemate; it sets a model for how states can stop utilities from gaming the system and start clearing the way for real broadband expansion.
The PSC said in its order that pole owners have a duty to provide non-discriminatory access and that all who use the poles should bear part of the cost of replacement.
“Simply put, the commission concludes that utility actions related to pole replacements must be just, reasonable and not unduly discriminatory,” the order states. “Considering the arguments we have heard, it appears that utilities are not considering the justness and reasonableness of their failure to allocate costs for pole replacements among all beneficiaries of the replacements.”
This philosophy of the PSC aligns with guidance from the Federal Communications Commission. In 2023, the FCC established a team to speed dispute resolution, expand access to pole inspection reports, and update policies to provide clarity on when an attacher shouldn’t pay the full cost of pole replacement.
“Pole attachments do not always receive the attention they deserve,” then-FCC Chairwoman Jessica Rosenworcel said. “They are not the most glamorous part of broadband deployment. But they are an essential part of our effort to ensure that high-speed service reaches everyone, everywhere across the country.”
The West Virginia recommendations came from the PSC’s Pole Attachment Task Force, which has studied best practices for resolving disputes over how utility poles should be shared. The PSC, in its order, established a Rapid Response Team to mediate disputes, and created a pole information database that will require annual reports from pole owners. The PSC also ordered its task force to meet with the affected parties to discuss the recommendations and prepare the implementation of the directive.
West Virginia lawmakers attempted to address pole attachments this past year, with the House passing a bill to create the Utility Pole Rights of Way and Easement Mapping Initiative.
Delegate Daniel Linville said regulatory delays on pole access have stymied efforts to close the digital divide. His bill passed the House, but not the Senate, West Virginia Public Broadcasting reported.
Sorting out pole issues will be key for West Virginia since it intends to use 95 percent of the funds it receives from the federal Broadband Equity, Access and Deployment Program for fiber. Due to its often rocky, hilly terrain, the vast majority of fiber will need to be strung along utility poles rather than buried underground.
In an effort to speed up deployment, the FCC updated its pole attachment rules in July, setting a 30-day deadline for pole owners to respond to internet provider requests to approve contractors to prepare poles for new attachments. If utilities miss the pole-preparation deadlines or only minimal preparation is required, the providers may handle the work themselves by selecting a contractor from a utility-approved list.
Pole access and cost-sharing have been among the main points of contention as providers work to extend broadband infrastructure to unserved areas. Efforts to remove regulatory hurdles at the state and federal levels will be key as programs like BEAD aim to close the digital divide.