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Pole Attachments

Communications companies that need access to poles and underground conduit owned by utilities rely on DWT attorneys for our extensive knowledge in the field of pole attachments. We represent cable television operators, competitive local exchange carriers, wireless companies, broadband providers and communications trade associations in all aspects of pole attachments, at both the state and federal levels. Our unsurpassed experience in pole attachment law allows us to efficiently and effectively address any pole attachment issue that our clients confront. Just as important, we understand how the legal issues associated with pole attachments affect our clients' day-to-day business.

Our attorneys have negotiated hundreds of pole attachment agreements for clients in nearly every state, as well as the District of Columbia and territories, such as Puerto Rico. When necessary, we have filed complaints with the FCC and state public service commissions to help our clients gain access, reduce pole attachment rental rates, or revise onerous terms and conditions imposed by pole owners. We have successfully litigated pole attachment cases in state and federal courts, including in the Courts of Appeal and U.S. Supreme Court. DWT attorneys have participated in every pole-related FCC rulemaking over the last three decades and in most state pole attachment rulemakings. We have advocated for favorable pole attachment laws before Congress and state legislatures. Our attorneys also have extensive dealings with unregulated pole owners such as electric cooperatives and municipal utilities.

DWT has a dedicated team of full service pole attachment lawyers that can quickly and effectively serve you in all aspects of pole attachments, including in the following areas:

Pole attachment agreement negotiations
New FCC rules and many states that self-regulate pole attachments require communications attachers to enter into pole attachment agreements before attaching to poles. Our attorneys have unsurpassed experience negotiating successful pole attachment agreements with regulated and unregulated utilities.

Pole attachment rental rate compliance
Most pole owners revise their pole attachment rental rates on an annual basis and often seek to impose rates that exceed the legal cap. DWT attorneys are expert in applying applicable pole attachment rental formulas and can help ensure that your annual pole attachment rental rate is no more than the maximum amount allowed by law.

Timely and affordable access
In April 2011, the FCC adopted pole attachment access timelines to ensure that pole owners cannot use their control over pole access to delay communications plant deployment. Many states that self-regulate pole attachments also require pole owners to provide access within specific timeframes. DWT attorneys advocated to eliminate barriers to affordable and timely access and can help ensure that pole owners meet their legal access obligations to you.

Pole attachment litigation
While DWT attorneys consider litigation a last resort, we are prepared, when necessary, to bring disputes to the appropriate federal, state or local forum. Our experienced team of pole attachment litigators has had numerous successes at the FCC, state commissions and in the courts and can help you achieve your litigation goals.

Advocacy before state and federal decision-makers
When a change in pole attachment laws or regulations is needed, DWT attorneys can help you shape the direction of state and federal law and prepare you for testimony, meetings with key officials and draft comments on your behalf.

Whether your company is large or small, DWT attorneys can help ensure that your communications facilities are deployed in a timely and affordable manner. If you are interested in learning about our full-service pole attachment team and what we can do for your company, please contact us.