Regulatory reference

Section 224 and Subpart J, explained for fiber builders.

Section 224 is the statute that gives the FCC authority over pole attachment rates. Subpart J is the rulebook of timelines, notices, and complaint procedures that carries it out. Neither one applies the same way to every pole. Here is what actually governs the pole you are attaching to, and what changed in 2026.

The right rulebook first · federal, certified-state, or neither · then the charge
Start here

What is Section 224, in plain terms?

Section 224 of the Communications Act, 47 U.S.C. Section 224, is the Pole Attachment Act of 1978. It gives the FCC jurisdiction to set just and reasonable rates, terms, and conditions for attaching cable and telecommunications lines to poles owned by investor-owned utilities.

Without Section 224, a pole owner that also competes with you, or simply has no reason to move quickly, would set its own price and its own timeline for letting you attach. Section 224 exists because Congress decided that access to poles is close enough to a bottleneck that it needed a federal backstop. What it does not do is apply uniformly. Two structural carve-outs matter to every fiber builder before a single invoice gets reviewed: which government has jurisdiction, and which poles are covered at all.

Who actually regulates your pole

Does the FCC or your state set the rules?

Section 224 includes what is usually called reverse preemption. A state can certify to the FCC that it regulates pole attachments itself, and once it does, the FCC's rate formula steps aside in favor of the state's own rules for that state's investor-owned utility poles.

23 + DC
States, plus the District of Columbia, currently certify that they regulate pole attachments themselves. In those states, state law governs investor-owned utility poles, not the FCC formula. The FCC opened an inquiry in June 2026 into whether some of these certifications, many filed before the 1996 Telecommunications Act, still meet the bar, so it is worth rechecking on any multi-state build.
FCC Public Notice DA 26-579 (June 11, 2026); CRS Report R48992
Federal
In every other state, the FCC's Section 224 rate formula and Subpart J procedures apply directly to investor-owned utility poles.
47 U.S.C. Section 224
Neither, historically
Municipal utilities and most electric cooperatives have historically sat outside both federal and state pole attachment regulation entirely, unless their state chose to cover them. BEAD is changing this for pole owners that take BEAD funding; see cooperative and municipal pole rates after BEAD for the details.
47 U.S.C. Section 224(a)(1); NTIA BEAD terms

The practical takeaway: before you can say a charge is out of line, you have to know which rulebook applies to that specific pole. An investor-owned utility pole in a non-certified state answers to the FCC formula and Subpart J. The same pole one state over may answer to a completely different state formula. And a cooperative or municipal pole may answer to neither, unless it was covered by state law already or its owner took BEAD funding.

What changed in 2026

What are the current Subpart J make-ready timelines?

The FCC's Fifth Report and Order, FCC 25-38, took effect May 7, 2026, after Paperwork Reduction Act approval that April. It replaced a single one-size timeline with tiers based on how many poles are in the request.

01

Regular orders, up to 300 poles or 0.5%

The baseline: a 45-day survey window and a 14-day estimate window, both unchanged. Once the attacher pays, the utility has 30 days for communications-space make-ready and 90 days for work above it, in the electric supply space.

02

Mid-sized orders, 300 to 3,000 poles

Its own tier, not a copy of the regular one: 60 days to survey, 14 days to estimate, then 75 days for communications-space make-ready and 135 days for electric-space make-ready after payment. A deployment large enough to be a mid-sized order owes the utility at least 15 days' advance notice.

03

Large orders, 3,000 to 6,000 poles

A new tier with its own defined timeline: 90 days to survey, 29 days to estimate, 120 days for communications-space make-ready, and 180 days for electric-space make-ready after payment. It requires 60 days' advance written notice and a meet-and-confer.

04

Very large orders, above 6,000 poles

These run on good-faith negotiation rather than a fixed default. An attacher can still lock in certainty for part of the order: it may designate the lesser of the first 6,000 poles or 10% of the utility's poles in the state to run under the Large Order timeline, and the utility must allow it.

05

Contractor approval is deemed if the utility sits on it

When an attacher requests approval to use a qualified outside contractor for surveys or engineering, the utility has 30 days to respond. Miss the deadline, and the contractor is deemed approved.

06

The 15-day notice rule decides who moves first

A utility that knows it will miss a deadline must say so, in writing, within 15 days. Say so, and the attacher can invoke self-help immediately on receiving that notice. Stay silent, and the utility gains nothing: the attacher waits out the original deadline, then self-help opens up on schedule. Self-help never covers a pole replacement, in any tier.

When the timeline is not enough

What is the Subpart J complaint process for?

Subpart J also sets out the formal path for disputing a pole owner's rates, terms, or conditions when informal resolution has not worked: a complaint filed with the FCC, on a defined pleading schedule, that can result in an order correcting the rate or the conduct.

Most overcharges never need to reach that stage. A cited, line-item findings report showing what was billed, what the agreement and the governing rule actually allow, and the dollar gap is usually enough to get a credit without a filing. The complaint process exists as leverage in the background, and as the formal remedy when a pole owner will not correct a clear violation voluntarily. PoleProof's review is built to produce exactly the kind of documentation a Subpart J complaint would need, prepared and filed by your own counsel, if it ever gets that far.

What to do

How should a builder use this in practice?

Treat the jurisdiction question as step one on every pole, not an afterthought.

01

Identify who owns the pole before you dispute anything

Investor-owned utility, certified-state utility, cooperative, or municipality: the answer changes which rulebook applies and what your leverage actually is.

02

Track your order size against the 2026 tiers

A 4,000-pole build now has defined survey and make-ready windows it did not have before FCC 25-38. Hold the pole owner to them.

03

Get the 15-day notice in writing, either way

Honest notice of a coming delay hands you the right to self-help right then. Silence buys the utility nothing: you wait out the original deadline and self-help opens up regardless. Get any notice in writing, since it fixes the date your rights start.

04

Send the estimate or invoice for a rule-matched review

PoleProof checks the charge against the agreement and the rule that actually governs that pole, not a generic assumption, and returns findings you can act on.

FAQ

Section 224 and Subpart J questions, answered plainly.

What is Section 224 of the Communications Act? +
Section 224, the Pole Attachment Act of 1978 (47 U.S.C. Section 224), gives the FCC authority to regulate the rates, terms, and conditions for attaching communications lines to poles owned by investor-owned utilities. It sets the rate formulas and access rules most fiber builders rely on, though states can take over that role and some pole owners fall outside it entirely.
Does Section 224 apply in every state? +
No. Section 224 includes reverse preemption: a state can certify that it regulates pole attachments itself, and the FCC steps aside. Twenty-three states plus the District of Columbia currently hold that certification, though the FCC opened an inquiry in June 2026 into whether some of the older certifications still qualify. In certified states, state rules, not the FCC rate formula, govern investor-owned utility poles.
What is Subpart J and how is it different from Section 224? +
Section 224 is the underlying statute. 47 CFR Part 1, Subpart J is the FCC's rulebook implementing it: the survey, estimate, and make-ready timelines, the notice requirements, the self-help remedies, and the formal complaint procedure an attacher can use when a pole owner will not comply.
What changed in the FCC's 2026 make-ready timelines? +
The FCC's Fifth Report and Order (FCC 25-38, WC Docket 17-84) became fully effective May 7, 2026, and replaced one timeline with tiers by order size. Regular orders, up to 300 poles, keep the 45-day survey and 14-day estimate, with make-ready split into 30 days for communications-space work and 90 days for electric-space work after the attacher pays. Large orders, 3,000 to 6,000 poles, get defined timelines for the first time: 90 days to survey, 29 days to estimate, 120 days for communications-space make-ready, and 180 days for electric-space make-ready. Utilities must give 15 days' written notice if they will miss a deadline. Giving that notice lets the attacher invoke self-help immediately; staying silent just means the attacher waits out the original deadline before self-help opens up.
Can PoleProof help enforce Section 224 and Subpart J timelines and rates? +
PoleProof reviews estimates and invoices against your signed agreement and the rule that actually governs the pole, whether that is the FCC formula, a certified state rule, or a post-BEAD standard, and returns a dispute-ready findings report. PoleProof is not a law firm; a formal Subpart J complaint should be filed by your own counsel.
Is the FCC changing state pole attachment rules? +
Not yet. In June 2026 the FCC opened an inquiry (Public Notice DA 26-579) 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. It is an inquiry gathering a record, not a rule change, so state rules still govern investor-owned utility poles in those states today. See the FCC state-certification review, explained for what it asks and what could change.

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