Authority
Who pays when the pole was already out of compliance
A pole replacement is the largest single line on most make-ready invoices, and the argument behind it is usually the same: the pole had to be replaced, so the attacher pays for the new pole. That argument is weakest where the existing pole was already carrying a safety or engineering violation that somebody else caused.
The FCC rules say a utility may not charge a new attacher to bring poles, attachments or third-party equipment into compliance, at 47 CFR 1.1411(e)(4). In FCC 26-6, a Memorandum Opinion and Order adopted 4 February 2026, the Commission applied that rule to a live billing dispute: Comcast Cable Communications' formal complaint against Appalachian Power Company over Virginia poles. Virginia does not regulate pole attachments itself, which is why the federal rules governed and the Commission had jurisdiction to decide it at all.
The holding has two halves, and anyone citing only the first will be corrected by the other side. Comcast won the first: none of the cost of curing somebody else's preexisting violation may be billed to the new attacher. Comcast lost the second. The Commission rejected the view that its prior precedents preclude a new attacher from being billed any amounts on the poles at issue, held that 1.1411(e)(4) and 1.1408(b) apply in concert rather than one displacing the other, and reaffirmed cost causation: the attacher pays its proportionate share of the incremental cost of the larger pole that makes its own attachment possible.
The Commission worked the arithmetic, which is worth more than the doctrine. A utility owns a 40-foot pole carrying a third party's equipment that violates clearance standards. A 45-foot pole would cure that violation, at a full installed cost of $5,000. A new attacher then needs one more foot, so the utility installs a 50-foot pole at a full installed cost of $5,500. The new attacher owes $500, the difference between the two, because none of the $5,000 attributable to curing the preexisting violation may be billed to it.
The allocation sentence itself is not new. It is the Commission's language from the Fourth Wireline Infrastructure Order, quoted in 26-6 and reaffirmed by it: the prospective attacher is responsible for the incremental cost of a taller or stronger pole needed to support its new facilities, not the cost to replace the defective or deteriorated pole with an equivalent-sized replacement pole. That closing phrase is the operative one. It separates a like for like replacement, which is the utility's own cost, from an upgrade the new attachment required.
Read what it is, and not more. It is an order in one complaint proceeding between two named parties, not a rule of general application, and it turns on a preexisting violation caused by a third party. It is not authority that a replacement charge is unrecoverable. It is authority for how the bill is split, and for the fact that the split has to be shown.