Rule2026-09083
Accelerating Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 7, 2026
Effective
May 7, 2026
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Wireline Competition Bureau (Bureau) announces that the Office of Management and Budget (OMB) has approved the information collection associated with the Commission's revised pole attachment rules in Accelerating Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment, Fifth Report and Order, Fourth Further Notice of Proposed Rulemaking, and Orders on Reconsideration, FCC 25-38, which stated that the revised rules would not become effective until OMB completed its review of any information collection requirements under the Paperwork Reduction Act and that the Bureau would announce the effective date for the revised rules by subsequent Public Notice.
Full Text
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<title>Federal Register, Volume 91 Issue 88 (Thursday, May 7, 2026)</title>
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[Federal Register Volume 91, Number 88 (Thursday, May 7, 2026)]
[Rules and Regulations]
[Pages 24731-24735]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-09083]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 1
[WC Docket No. 17-84; FCC 25-38; FR ID 343685]
Accelerating Wireline Broadband Deployment by Removing Barriers
to Infrastructure Investment
AGENCY: Federal Communications Commission.
ACTION: Final rule; announcement of effective date.
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SUMMARY: In this document, the Wireline Competition Bureau (Bureau)
announces that the Office of Management and Budget (OMB) has approved
the information collection associated with the Commission's revised
pole attachment rules in Accelerating Wireline Broadband Deployment by
Removing Barriers to Infrastructure Investment, Fifth Report and Order,
Fourth Further Notice of Proposed Rulemaking, and Orders on
Reconsideration, FCC 25-38, which stated that the revised rules would
not become effective until OMB completed its review of any information
collection requirements under the Paperwork Reduction Act and that the
Bureau would announce the effective date for the revised rules by
subsequent Public Notice.
DATES: The amendments to Sec. Sec. 1.1403(b), 1.1411(c) through (k),
and 1.1412(a) and (b), (e), published at 90 FR 41726, August 26, 2025,
are effective on May 7, 2026.
FOR FURTHER INFORMATION CONTACT: Michael Ray, Attorney Advisor,
Wireline Competition Bureau, at (202) 418-0357, or by email at
<a href="/cdn-cgi/l/email-protection#4805212b20292d24661a2931082e2b2b662f273e"><span class="__cf_email__" data-cfemail="b9f4d0dad1d8dcd597ebd8c0f9dfdada97ded6cf">[email protected]</span></a>. For additional information concerning the
Paperwork Reduction Act information collection requirements, contact
Nicole Ongele at (202) 418-2991 or <a href="/cdn-cgi/l/email-protection#214f48424e4d440f4e4f46444d44614742420f464e57"><span class="__cf_email__" data-cfemail="1f71767c70737a317071787a737a5f797c7c31787069">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: On July 24, 2025, the Commission adopted
Accelerating Wireline Broadband Deployment by Removing Barriers to
Infrastructure Investment, Fifth Report and Order, Fourth Further
Notice of Proposed Rulemaking, and Orders on Reconsideration, FCC 25-
38, published at 90 FR 41726, August 26, 2025. In the Fifth Report and
Order, the Commission established rules (1) ensuring greater
collaboration and cooperation between utilities and attachers, (2)
establishing a timeline for large pole attachment requests, (3)
improving the pole attachment timeline, and (4) speeding up the
contractor approval process. The Commission stated that these rule
changes may contain new or modified information collection requirements
and would not become effective until OMB completes its review of any
information collection requirements that the Bureau determined is
required under the Paperwork Reduction Act. The Commission also
directed the Bureau to announce the effective date for the revisions to
Sec. Sec. 1.1403(b), 1.1411(c)-(k), and 1.1412(a)-(b), (e) by
subsequent public notice.
On April 17, 2026, OMB approved the information collection
requirements related to the pole attachment rules contained in the
Fifth Report and Order. The OMB Control Number is 3060-1151. The Bureau
publishes this document as an announcement of the effective date of the
pole attachment rules adopted in the Fifth Report and Order. If you
have any comments on the burden estimates listed below, or how the
Commission can improve the collections and reduce any burdens caused
thereby, please contact Nicole Ongele, Federal Communications
Commission, 45 L Street NE, Washington, DC 20554. Please include the
OMB Control Number 3060-1151 in your correspondence. The Commission
also will accept your comments via email at <a href="/cdn-cgi/l/email-protection#7a2a283b3a1c1919541d150c"><span class="__cf_email__" data-cfemail="75252734351316165b121a03">[email protected]</span></a>. To request
materials in accessible formats for people with disabilities (Braille,
large print, electronic files, audio format), send an email to
<a href="/cdn-cgi/l/email-protection#c1a7a2a2f4f1f581a7a2a2efa6aeb7"><span class="__cf_email__" data-cfemail="771114144247433711141459101801">[email protected]</span></a> or call the Consumer and Governmental Affairs Bureau at
(202) 418-0530 (voice), (202) 418-0432 (TTY).
Synopsis
As required by the Paperwork Reduction Act of 1995 (44 U.S.C.
3507), the Bureau is notifying the public that it received final OMB
approval on April 17, 2026 for the information collection requirements
contained in the changes to the Commission's pole attachment rules in
47 CFR part 1.
Under 5 CFR part 1320, an agency may not conduct or sponsor a
collection of information unless it displays a current, valid OMB
Control Number.
No person shall be subject to any penalty for failing to comply
with a collection of information subject to the Paperwork Reduction Act
that does not display a current, valid OMB Control Number.
The foregoing notification is required by the Paperwork Reduction
Act of 1995, Public Law 104-13, October 1, 1995, and 44 U.S.C. 3507.
The total annual reporting burdens and costs for the affected
respondents are as follows:
[[Page 24732]]
OMB Control Number: 3060-1151.
OMB Approval Date: April 17, 2026.
OMB Expiration Date: April 30, 2029.
Title: Sections 1.1411, 1.1412, 1.1415, and 1.1416 Pole Attachment
Access and Dispute Resolution Requirements. Form Number: FCC Form 5653.
Type of Review: Revision of a currently-approved collection.
Respondents: Business or other for-profit entities.
Number of Respondents and Responses: 1,359 respondents; 185,584
responses.
Estimated Time per Response: 0.25-5 hours.
Frequency of Response: On occasion reporting requirement,
recordkeeping requirement, and third-party disclosure requirements.
Obligation to Respond: Mandatory or required to obtain benefits.
Statutory authority for this information collection is contained in 47
U.S.C. 224.
Total Annual Burden: 146,264 hours.
Total Annual Cost: $1,800.
Needs and Uses: The Commission received OMB approval for revisions
to an existing information collection, OMB Collection No. 3060-1151. In
Accelerating Wireline Broadband Deployment by Removing Barriers to
Infrastructure Investment, WC Docket No. 17-84, Fifth Report and Order,
FCC 25-38 (rel. July 25, 2025) (Order), the Commission adopted rules
that implement the pole attachment requirements in section 224 of the
Communications Act of 1934, as amended. The Order substantially revised
47 CFR 1.1411 and 47 CFR 1.1412.
Section 1.1411. In the Order, the Commission adopted regulations
requiring (1) greater collaboration and cooperation between utilities
and attachers, (2) a timeline for large pole attachment requests, (3)
improvements to the pole attachment timeline, and (4) improvements to
the contractor approval process. The Commission adopted these
requirements to help improve the attachment process and potentially
reduce disputes, thus facilitating broadband deployment. Specifically,
the Order requires (1) attachers to provide written notice to utilities
of forthcoming pole attachment orders for orders exceeding 300 poles or
0.5 percent of the utility's poles in a state up to the lesser of 3,000
poles or 5 percent of a utility's poles in the state associated with a
single network deployment and for orders exceeding the lesser of 3,000
poles or 5 percent of a utility's poles in the state up to the lesser
of 6,000 poles or ten percent of a utility's poles in a state; (2) that
an attacher that fails to provide timely advance notice of such orders
must, upon prompt notice from the utility, still wait the relevant
advance notice period before the applicable timeline begins; (3) a
meet-and-confer following the requisite advance notice for orders
exceeding the lesser of 3,000 poles or five percent of a utility's
poles in a state up to the lesser of 6,000 poles or ten percent of a
utility's poles in a state; and (4) a new set of timelines for
utilities to complete each pole access phase for large orders.
The Commission further revised its pole attachment timeline as
follows: (1) require utilities to notify attachers within 15 days of
receiving a complete application if they know or reasonably should know
that they cannot meet the survey deadline, and require utilities to
notify attachers within 15 days of payment of the estimate, and
existing attachers to notify utilities and new attachers within 15 days
of receiving notice from the utility, if they know or reasonably should
know that they cannot meet the make-ready deadline; (2) add a self-help
remedy for make-ready estimates, provided certain safeguards are met;
and (3) prohibit utility-imposed limits on application size and
frequency that have the effect of restricting the number of pole
attachments attachers may seek in a given timeframe.
Section 1.1412. In the Order, the Commission adopted improvements
to the contractor approval process by requiring utilities to respond to
a request to add contractors to a utility-approved list within 30 days
of receiving the request.
List of Subjects in 47 CFR Part 1
Telecommunications, cable, utility, procedures, filing
requirements.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
Final Rules
The Federal Communications Commission amends part 1 of Title 47 of
the CFR to read as follows:
PART 1--PRACTICE AND PROCEDURE
0
1. The authority citation for part 1 continues to read as follows:
Authority: 47 U.S.C. chs. 2, 5, 9, 13; 28 U.S.C. 2461 note; 47
U.S.C. 1754, unless otherwise noted.
0
2. Amend Sec. 1.1403 by revising the second sentence of paragraph (b)
and paragraph (c)(3) to read as follows:
Sec. 1.1403 Duty to provide access; modifications; notice of removal,
increase or modification; petition for temporary stay; and cable
operator notice.
* * * * *
(b) * * * If access is not granted within the time periods
specified in Sec. Sec. 1.1411(d)(1) through (2) and (h), the utility
must confirm the denial in writing by the applicable deadline. * * *
(c) * * * * *
(3) Any modification of facilities by the utility other than make-
ready noticed pursuant to Sec. 1.1411(f), routine maintenance, or
modification in response to emergencies.
* * * * *
0
3. Amend Sec. 1.1411 by
0
a. Revising paragraphs (a)(4) and (5);
0
b. Redesignating paragraphs (c) through paragraph (k), and adding new
paragraph (c);
0
c. Revising redesignated paragraphs (d)(2), (d)(3)(i) and (iii),
(d)(4)(iv)(A) and (B), first sentence of paragraph (e), introductory
text of paragraph (f)(1), paragraph (f)(1)(ii) and (iv), (f)(2)(ii) and
(v), (f)(3);
0
d. Adding paragraph (f)(4);
0
e. Revising paragraphs (g), (h)(1) through (h)(4) and second sentence
of paragraph (h)(5), second sentence of paragraph (i)(3), introductory
text of paragraph (j)(1) and paragraph (j)(2);
0
f. Redesignating paragraph (j)(3) as paragraph (j)(4) and adding new
paragraph (j)(3),
0
g. Revising introductory text of paragraphs (k) and (k)(2), paragraph
(k)(2)(ii) and the second sentence of paragraph (k)(4)(iii).
The revisions and additions read as follows:
Sec. 1.1411 Timeline for access to utility poles.
(a) * * *
(4) The term ``Mid-Sized Order'' means pole attachment orders
greater than the lesser of 300 poles or 0.5 percent of the utility's
poles in a state and up to the lesser of 3,000 poles or 5 percent of
the utility's poles in a state.
(5) The term ``Large Order'' means pole attachment orders greater
than the lesser of 3,000 poles or 5 percent of the utility's poles in a
state up to the lesser of 6,000 poles or 10 percent of the utility's
poles in a state.
* * * * *
(c) Advance notice for Mid-Sized and Large Orders; meet and confer
for Large Orders.
(1) New attachers shall give written advance notice to utilities as
soon as practicable, but in no event less than 15 days before
submitting a Mid-Sized Order and 60 days before submitting a
[[Page 24733]]
Large Order. For Mid-Sized Orders only, the advance notice requirement
is limited to instances where the order threshold would be exceeded by
pole attachment application(s) that are part of a single network
deployment project being undertaken by the new attacher. The notice
shall set forth detailed information that will allow the utility to
properly assess the potential resource needs for the order, including
but not limited to: (1) the new attacher's contact information: (2) a
description of the proposed deployment area(s) and anticipated
route(s); (3) an anticipated build-out schedule; and (4) for a Large
Order a request to meet and confer with the utility within 30 days of
the date of the notice.
(2) If an application is filed without the required written advance
notice, including the required minimum information, then the utility
may, upon prompt notice to the new attacher, treat such application as
the 15-day advance notice for Mid-Sized Orders associated with a single
network deployment or the 60-day advance notice for Large Orders. Such
notice from the utility to the attacher shall state that the
application will commence the advance notice period and that the
applicable timelines do not begin to run until after expiration of the
relevant advance notice period. If it is a Large Order, the notice
shall also state that the attacher must request the meet-and confer
required by our rules. At the end of the advance notice period, the new
attacher can submit a new application or notify the utility that it is
continuing with its original submission as its application, and the
utility may not impose any additional or increased fees. Failure by the
utility to give prompt notice that it is treating the attacher's
application as the advance notice will result in the application
proceeding to be processed under the applicable timelines without an
advance notice period or meet-and-confer requirement. If the attacher
fails to request the meet-and-confer described in paragraph (c)(3) of
this section, then the advance notice period will not begin to run
until such request is made.
(3) New attachers and utilities shall meet and confer within 30
days after an advance notice is given to negotiate in good faith the
mechanics and the timing of processing Large Orders. The parties shall
find a mutually agreeable day and time for a meeting (which can be in
person, virtual, or by phone) within the 30-day period after the
advance notice is given.
(d) * * *
(2) Application review on the merits. A utility shall respond to
the new attacher either by granting access or, consistent with Sec.
1.1403(b), denying access within 45 days of receipt of a complete
application to attach facilities to its utility poles (or within 60
days in the case of Mid-Sized Orders or within 90 days in the case of
Large Orders as described in paragraph (h) of this section). * * *
(3) * * *
(i) A utility shall complete a survey of poles for which access has
been requested within 45 days of receipt of a complete application to
attach facilities to its utility poles (or within 60 days in the case
of Mid-Size Orders or within 90 days in the case of Large Orders as
described in paragraph (h) of this section). A utility shall notify a
new attacher within 15 days of receipt of a complete application if the
utility knows or reasonably should know that it cannot meet the survey
deadline. A new attacher can elect self-help for the survey work
pursuant to Sec. 1.1411(j)(1) any time after it receives the utility's
notice.
* * * * *
(iii) Where a new attacher has conducted a survey pursuant to
paragraph (k)(3) of this section, a utility can elect to satisfy its
survey obligations in this paragraph by notifying affected attachers of
its intent to use the survey conducted by the new attacher pursuant to
paragraph (k)(3) of this section and by providing a copy of the survey
to the affected attachers within the time period set forth in paragraph
(d)(3)(i) of this section. A utility relying on a survey conducted
pursuant to paragraph (k)(3) of this section to satisfy all of its
obligations under paragraph (d)(3)(i) of this section shall have 15
days to make such a notification to affected attachers rather than the
applicable survey period.
(4) * * *
(iv) * * *
(A) A utility that receives such an amended attachment application
may, at its option, restart the 45-day period (or 60-day period for
Mid-Sized Orders or 90-day period for Large Orders) for responding to
the application and conducting the survey.
(B) A utility electing to restart the 45-day period (or 60-day
period for Mid-Sized Orders or 90-day period for Large Orders) shall
notify the attacher of its intent to do so within five (5) business
days of receipt of the amended application or by the 45th day (or 60th
or 90th day, if applicable) after the original application is
considered complete, whichever is earlier.
(e) Estimate. Where a new attacher's request for access is not
denied, a utility shall present to a new attacher a detailed, itemized
estimate, on a pole-by-pole basis where requested, of charges to
perform all necessary make-ready within 14 days of completing the
survey required by paragraph (d)(3) of this section (or within 29 days
in the case of Large Orders as described in paragraph (h)(3) of this
section), or in the case where a new attacher has performed a survey,
within 14 days of receipt by the utility of such survey (or within 29
days in the case of Large Orders as described in paragraph (h)(3) of
this section). * * *
* * * * *
(f) Make-ready. Upon receipt of payment specified in paragraph
(e)(2) of this section, a utility shall notify immediately and in
writing all known entities with existing attachments that may be
affected by the make-ready.
(1) * * *
(ii) Set a date for completion of make-ready in the communications
space that is no later than 30 days after notification is sent (or up
to 75 days in the case of Mid-Sized Orders or up to 120 days in the
case of Large Orders as described in paragraph (h) of this section).
* * * * *
(iv) State that if make-ready is not completed by the completion
date set by the utility in paragraph (f)(1)(ii) in this section, the
new attacher may complete the make-ready specified pursuant to
paragraph (f)(1)(i) in this section.
* * * * *
(2) * * *
(ii) Set a date for completion of make-ready that is no later than
90 days after notification is sent (or 135 days in the case of Mid-
Sized Orders or 180 days in the case of Large Orders, as described in
paragraph (h) of this section).
* * * * *
(v) State that if make-ready is not completed by the completion
date set by the utility in paragraph (f)(2)(ii) in this section (or, if
the utility has asserted its 15-day right of control, 15 days later),
the new attacher may complete the make-ready specified pursuant to
paragraph (f)(2)(i) of this section.
* * * * *
(3) Once a utility provides the notices described in this section,
it then must provide the new attacher with a copy of the notices and
the existing attachers' contact information and address where the
utility sent the notices. The new attacher shall be responsible for
coordinating with existing attachers to encourage their completion of
make-ready by the dates set forth by the utility in paragraph
(f)(1)(ii) of this section for communications space attachments or
paragraph (f)(2)(ii) of this section for
[[Page 24734]]
attachments above the communications space.
(4) Utilities shall notify a new attacher as soon as practicable
but no later than 15 days after receipt of payment specified in
paragraph (e)(2) of this section if the utility knows or reasonably
should know that it cannot meet the make-ready deadline. Existing
attachers shall notify the utility and a new attacher as soon as
practicable but no later than 15 days after receiving notice from the
utility pursuant to the requirements of paragraph (e) of this section
that the existing attacher knows or reasonably should know that it
cannot meet the make-ready deadline. Pursuant to paragraph (j)(3) of
this section, a new attacher can elect self-help for the make-ready
work that the notifying party cannot do any time after it receives the
notice.
(g) A utility shall complete its make-ready in the communications
space by the same dates set for existing attachers in paragraph
(f)(1)(ii) of this section or its make-ready above the communications
space by the same dates for existing attachers in paragraph (f)(2)(ii)
of this section (or if the utility has asserted its 15-day right of
control, 15 days later).
(h) * * *
(1) A utility shall apply the timeline described in paragraphs (d)
through (g) of this section to all requests for attachment up to the
lesser of 300 poles or 0.5 percent of the utility's poles in a state.
(2) A utility may add 15 days to the survey period described in
paragraph (d) of this section and 45 days to the make-ready periods
described in paragraph (f) of this section, for orders greater than the
lesser of 300 poles or 0.5 percent of the utility's poles in a state
and up to the lesser of 3,000 poles or 5 percent of the utility's poles
in a state (Mid-Sized Orders).
(3) A utility may add 45 days to the survey period described in
paragraph (d) of this section, 15 days to the estimate period described
in paragraph (e) of this section, and 90 days to the make-ready periods
described in paragraph (f) of this section to orders greater than the
lesser of 3,000 poles or 5 percent of the utility's poles in a state up
to the lesser of 6,000 poles or 10 percent of the utility's poles in a
state (Large Orders).
(4) A utility shall negotiate in good faith the timing of all
requests for attachment larger than the lesser of 6,000 poles or 10
percent of the utility's poles in a state.
(5) * * * However, a utility shall not impose application size
limits in combination with application frequency limits that have the
effect of restricting the number of pole attachments new attachers may
seek in a given timeframe.
(i) * * *
(3) * * * An existing attacher that so deviates shall immediately
notify, in writing, the new attacher and other affected existing
attachers and shall identify the affected poles and include a detailed
explanation of the basis for the deviation and a new completion date,
which in no event shall extend beyond 60 days from the date the notice
described in paragraph (f)(1) of this section is sent by the utility
(or up to 105 days in the case of Mid-Sized Orders or up to 150 days in
the case of Large Orders). * * *
(j) * * *
(1) Surveys. If a utility fails to complete a survey as specified
in paragraph (d)(3)(i) of this section, then a new attacher may conduct
the survey in place of the utility and, as specified in Sec. 1.1412,
hire a contractor to complete a survey.
* * * * *
(2) Estimates. If the utility fails to present an estimate to the
new attacher by the date specified in paragraph (e) of this section,
then a new attacher may prepare the estimate in accordance with the
requirements applicable to utility-prepared estimates set forth in
paragraph (e) of this section. If a new attacher exercises its self-
help option to prepare an estimate for utility review, the new attacher
shall (1) wait until the utility's 14-day deadline (or 29 days in the
case of Large Orders) has expired before exercising the self-help
remedy; (2) provide notice to the utility that it is exercising its
self-help remedy for an estimate; (3) use an approved contractor to
prepare the estimate in accordance with Sec. 1.1412(a)-(b); and (4)
allow utilities the ability to review and approve the self-help
estimate at the attacher's expense, but expenses must be reasonable and
based only on the actual costs incurred by the utility in reviewing the
estimate. The new attacher cannot use self-help for estimates of pole
replacements. The utility must provide the new attacher with a written
decision on the self-help estimate within 14 days of receiving the
estimate from the new attacher or before it is withdrawn by the
attacher, whichever is later. If the estimate is accepted by the
utility, then it is subject to the reconciliation process set forth in
Sec. 1.1411(e)(3). If the estimate is not accepted by the utility,
then the utility must detail in writing the reasons for non-acceptance.
The attacher then has the ability to submit a revised estimate to the
utility without starting the pole attachment timeline from the
beginning.
(3) Make-ready. If make-ready is not complete by the date specified
in paragraph (f) of this section, then a new attacher may conduct the
make-ready in place of the utility and existing attachers, and, as
specified in Sec. 1.1412, hire a contractor to complete the make-
ready.
* * * * *
(k) One-touch make-ready option. For attachments involving simple
make-ready, new attachers may elect to proceed with the process
described in this paragraph in lieu of the attachment process described
in paragraphs (d) through (g) and (j) of this section.
* * * * *
(2) Application review on the merits. The utility shall review on
the merits a complete application requesting one-touch make-ready and
respond to the new attacher either granting or denying an application
within 15 days of the utility's receipt of a complete application (or
within 30 days in the case of Mid-Sized Orders or within 45 days in the
case of Large Orders as described in paragraph (h) of this section).
* * * * *
(ii) Within the 15-day application review period (or within 30 days
in the case of Mid-Sized Orders or within 45 days in the case of Large
Orders as described in paragraph (h) of this section), a utility may
object to the designation by the new attacher's contractor that certain
make-ready is simple. * * *
* * * * *
(4) * * *
(iii) * * * The affected make-ready shall then be governed by
paragraphs (e) through (j) of this section and the utility shall
provide the notice required by paragraph (f) of this section as soon as
reasonably practicable.
* * * * *
0
4. Amend Sec. 1.1412 by revising the introductory text of paragraphs
(b)(1) and (2) and add paragraph (e) to read as follows:
Sec. 1.1412 Contractors for survey, estimates, and make-ready.
* * * * *
(b) Contractors for simple work. A utility may, but is not required
to, keep up-to-date a reasonably sufficient list of contractors it
authorizes to perform surveys, estimates, and simple make-ready. * * *
(1) If the utility does not provide a list of approved contractors
for surveys, estimates, or simple make-ready or no utility-approved
contractor is available within a reasonable time period, then the new
attacher may choose its own
[[Page 24735]]
qualified contractor that meets the requirements in paragraph (c) of
this section. When choosing a contractor that is not on a utility-
provided list, the new attacher must certify to the utility that its
contractor meets the minimum qualifications described in paragraph (c)
of this section when providing notices required by Sec.
1.1411(j)(1)(ii), (j)(2)(i), (k)(3)(i), and (k)(4).
(2) The utility may disqualify any contractor chosen by the new
attacher that is not on a utility-provided list, but such
disqualification must be based on reasonable safety or reliability
concerns related to the contractor's failure to meet any of the minimum
qualifications described in paragraph (c) of this section or to meet
the utility's publicly available and commercially reasonable safety or
reliability standards. The utility must provide notice of its
contractor objection within the notice periods provided by the new
attacher in Sec. 1.1411(j)(1)(ii), (j)(2)(i), (k)(3)(i), and (k)(4)
and in its objection must identify at least one available qualified
contractor.
* * * * *
(e) Utilities must respond to an attacher's request to add
contractors to their lists of contractors authorized to perform self-
help surveys, estimates, and make-ready, as provided by paragraphs (a)
and (b) of this section, within 30 days of receipt.
(1) The response must state whether the contractor meets the
requirements of paragraph (c) of this section and will be added to the
utility's list of approved contractors for survey, estimate, and make-
ready work pursuant to paragraph (a) or (b) of this section following
the successful completion of any reasonable steps to begin work
established by the utility. For contractors proposed to perform work
above the communications space, such reasonable steps may include any
evaluation, approval, orientation, or other requirements that the
utility would ordinarily apply to contractors that perform work on its
electric power system. If the contractor has been denied, the response
must describe the bases for rejection, be nondiscriminatory, and based
on a fair application of commercially reasonable requirements for
contractors related to issues of safety or reliability.
(2) If a utility fails to provide the response required by
paragraph (e)(1) of this section within 30 days of receipt of an
attacher's request, the contractor proposed by the attacher will be
deemed approved to perform self-help surveys, estimates, and make-ready
work on the utility's poles consistent with paragraphs (a) or (b) of
this section, and must be added to the utility's approved list of
contractors following the successful completion of any reasonable steps
to begin work established by the utility.
(3) A utility may disqualify a contractor that has been approved
pursuant to paragraph (e)(1) or deemed approved pursuant to paragraph
(e)(2) based on reasonable safety or reliability concerns related to
the contractor's failure to meet any of the minimum qualifications
described in paragraph (c) of this section or to meet the utility's
uniformly applied and reasonable safety or reliability standards.
Written notice must be provided to the attacher stating the specific
safety and reliability bases for the disqualification.
[FR Doc. 2026-09083 Filed 5-6-26; 8:45 am]
BILLING CODE 6712-01-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on May 7, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.