Regulatory Alert: Michigan PSC Declines to Update Pole Attachment Regs

In an order published on September 9, the Michigan Public Service Commission declined ExteNet’s request to update the state of Michigan’s pole attachment rules and regulations. Extenet, and many other supporting attaching entities, had requested that the Commission adopt a regulatory regime that follows the federal regulations required by the FCC (and several states) for pole attachments and that the Commission take a broader view of its role to secure rights for non-traditional attaching entities, like ExteNet, and wireless attachments.

In its order, the PSC asserts that it does not see a need to conform to a federal standard when its current regulations seem to be working well, as pole attachments issues brought before the Commission have been few and far between.

The PSC did state that it would resolve pole attachment complaints within 180 days as required by the FCC. The PSC believes it needs to uphold this obligation “because further broadband expansion projects related to state- and federally-supported programs, including the FCC’s Rural Digital Opportunity Fund, and efforts supported by the American Rescue Plan Act, may necessitate such action.”

The full text of the Commission’s Order is available here.