Regulatory watch

The FCC is reviewing state pole attachment certifications.

In June 2026 the FCC opened an inquiry into whether the 23 states, plus DC, that regulate their own pole attachments are still doing it effectively, and what should happen if they are not. Nothing has changed yet. But this is the kind of proceeding that decides, a year or two out, which rulebook governs the poles you are attaching to.

Last reviewed July 24, 2026 · tracks a live FCC proceeding, updated as it develops
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What actually happened?

On June 11, 2026, the FCC's Wireline Competition Bureau released a Public Notice, DA 26-579, in WC Docket Nos. 17-84 and 10-101. It asks a single underlying question: are the states that took over pole attachment regulation from the FCC still doing the job the law expects?

A Public Notice seeking comment is the earliest, lightest-touch step the FCC takes. It is not a proposed rule and it is not an order. It gathers a written record from anyone with something to say, which the Commission can then use to decide whether to do nothing, open a formal rulemaking, or act on specific certifications. Comments were due July 13, 2026, and reply comments, the round where parties respond to what others filed, were due July 27, 2026, through the FCC's Electronic Comment Filing System. The practical takeaway for a builder is not the deadline. It is that the jurisdiction question you already have to answer on every pole just went from settled to under review in nearly half the country.

The concept under review

Reverse preemption, in one paragraph

Section 224 lets a state certify to the FCC that it regulates pole attachments itself. Once it does, the FCC's rate formula steps aside and that state's own rules govern its investor-owned utility poles. That mechanism is what DA 26-579 is now poking at.

23 + DC
States, plus the District of Columbia, currently hold a Section 224(c) certification. In those places, state rules, not the FCC formula, govern investor-owned utility poles today. That is still true right now, and this proceeding does not change it.
CRS Report R48992; FCC Public Notice DA 26-579
18 + DC
Of those 23 certified states, 18 plus DC filed their certifications before the Telecommunications Act of 1996 expanded Section 224 to cover telecommunications carriers, not just cable. That age gap is a big part of why the FCC is asking whether the old certifications still fit the current statute.
FCC Public Notice DA 26-579 (June 11, 2026)
Step 1
This is the first move in a process, not the last. An inquiry can go nowhere, or become a proposed rule with its own comment round before anything binds. Either way it plays out over months, not days.
47 U.S.C. Section 224(c)

If the reverse-preemption idea itself is new to you, the fuller version, including how it sits alongside cooperative and municipal poles, is in Section 224 and Subpart J, explained.

What the FCC is asking

The five questions at the center of DA 26-579

Stripped of the procedural language, the Bureau is asking a connected set of questions about whether state control of pole attachments still does what Congress intended.

01

Are the old certifications specific enough?

Should states update or refile their certifications with greater specificity about which pole owners and which attachments they actually regulate, rather than relying on a broad decades-old filing?

02

Do pre-1996 certifications still fit?

Most certifications predate the 1996 Telecommunications Act, which added telecommunications carriers to Section 224. Are those older frameworks adequate now that the statute reaches more than cable attachments?

03

Should the FCC actively review them?

Should the Commission set up a way to check, on an ongoing basis, that certified states maintain an effective regulatory framework, instead of treating a one-time certification as permanent?

04

What if a state is not really regulating?

What should happen when a state holds a certification but is not, in practice, regulating the rates, terms, and conditions of attachment the way Section 224 requires?

05

Should federal jurisdiction come back?

In that case, should the certification be found insufficient and FCC jurisdiction reasserted over that state's investor-owned utility poles, putting them back under the federal formula and complaint process?

If a certification were pulled

What would actually change for an attacher?

This is the part that matters to a build, so it is worth being precise, and precise means not overstating it. If the FCC found a state's certification insufficient and reasserted jurisdiction, the poles that shift are the investor-owned utility poles in that state.

Those poles would move off the state's rate rules and back onto the FCC's Section 224 rate formula and the Subpart J timelines and complaint procedures, including the Commission's Rapid Broadband Assessment Team, or RBAT, for expedited disputes. For some builders in some states that is a better deal, a known federal formula and a faster federal forum. For others it is not, because their state rate or timeline was already more favorable than the federal one. There is no universal answer. The only way to know which way it cuts for a given pole is to compare the state regime and the federal regime side by side for that specific owner and that specific attachment. Cooperative and municipal poles, which mostly sit outside Section 224 to begin with, are a separate question this proceeding does not directly reach.

What to do

What should a builder do about this now?

Nothing urgent, and nothing that requires filing anything. But there are three sensible moves while the record is open.

01

Know your certified states

If your footprint touches any of the 23 certified states or DC, flag them. Those are the jurisdictions where the rulebook governing investor-owned utility poles is the one now under review, and where a change, if it ever comes, would land.

02

Keep pricing to the rule that governs today

Nothing has changed yet, so today's invoices still answer to today's rule. Do not let a pole owner cite an unsettled federal proceeding as a reason to change a rate or a timeline now. The state rule still controls in a certified state until the FCC says otherwise.

03

Build the comparison you will want later

Knowing, for each certified state you operate in, how the state rate and timeline compare to the federal Section 224 baseline is useful whether or not this proceeding goes anywhere. It is also the groundwork that makes a fast decision possible if a certification does move.

FAQ

DA 26-579 questions, answered plainly.

What is DA 26-579? +
DA 26-579 is a Public Notice the FCC's Wireline Competition Bureau released on June 11, 2026, in WC Docket Nos. 17-84 and 10-101. It seeks comment on whether the states that certified under Section 224(c) that they regulate pole attachments themselves are still doing so effectively, and what the FCC should do if a certification no longer meets the bar. It is an inquiry that gathers a record, not a rule change. Comments were due July 13, 2026, and reply comments July 27, 2026.
Does this change any pole attachment rule right now? +
No. As of July 2026 nothing has changed. A Public Notice seeking comment is the FCC asking questions and building a record. In every certified state, state rules still govern investor-owned utility poles today. Any actual change would come later, through a separate proposed rule or an order, with its own notice and comment.
Which states does this affect? +
The 23 states plus the District of Columbia that hold reverse-preemption certifications under Section 224(c). The FCC notes that 18 of those 23 states, and DC, filed their certifications before the Telecommunications Act of 1996 expanded Section 224 to cover telecommunications carriers. The current certified-state list is compiled in Congressional Research Service Report R48992; confirm a given state's status on any multi-state build.
What happens to my build if a state loses its certification? +
If the FCC found a certification insufficient and reasserted federal jurisdiction, investor-owned utility poles in that state would move from the state's rules back onto the FCC's Section 224 rate formula and Subpart J procedures, including the FCC complaint forum and the Rapid Broadband Assessment Team for expedited disputes. Whether that helps or hurts a specific build depends on how the state's current rates and timelines compare to the federal ones.
How does PoleProof use this? +
PoleProof tracks which rulebook governs each pole, including a state's certification status, and reviews estimates and invoices against that rule and your signed agreement. If this proceeding changes a state's status later, PoleProof re-checks the affected poles against whichever regime then applies. PoleProof is not a law firm; a formal filing should be handled by your own counsel.

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