by Dave Thomas , Abraham J. Shanedling and Tom Reklaitis

Who knew that state sovereignty and urging states' rights meant
prompting federal agencies to bring about change at the local level?
That seems to be happening in the field of pole attachment regulation.

Section 224 of the Communications Act empowers the FCC to regulate the
rates, terms, and conditions of attachments on poles owned by
investor-owned utilities and phone companies. Section 224, however,
permits states to "reverse preempt" federal authority and regulate
attachments on their own upon filing a certification with the FCC of
their intent to do so. But before taking that step, a state's
legislature typically passes a law that authorizes the state public
utility commission to regulate pole attachments. To date, 24 states
(including the District of Columbia) have certified state-level
regulatory jurisdiction over rates, terms, and conditions for pole
attachments.

https://www.mondaq.com/article/news/1323800?q=1803232&n=810&tp=2&tlk=3&lk=36

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