The Center for Individual Freedom this week filed comments with the Federal Communications Commission (FCC) pointing out that pole attachment disputes have emerged as arguably the number one obstacle to building high-speed Internet in the United States and that reverse preemption – the ability of states to opt out of the FCC's regulatory framework – “exists to empower states to regulate within the confines of the Communications Act -- not to eliminate oversight or otherwise fail to regulate effectively.”  

The comments, which were joined by Consumer Action for a Strong Economy, Consumer Choice Center, and Innovation Economy Alliance, further urge the FCC to "1) require all reverse-preemption states to recertify with specificity on their rules and rate methodology, including whether pre-1996 certifications extend to telecommunications and broadband attachers; 2) articulate minimum standards of ‘effective rules and regulations’ under the statute, including on enforceable timelines, cost transparency, and dispute resolution; and 3) where a state cannot demonstrate compliance, treat the certification as invalid and exercise federal authority as a backstop until the state can implement an effective governance structure. As BEAD construction and pole negotiations are underway, we encourage the Commission to complete this review expeditiously.”  

Read the letter below or here (PDF).