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2 States Plan to Complete Pole-Attachment Reverse Pre-emption in Early 2020

Pennsylvania and West Virginia commissions expect state pole-attachment rules to take effect within two months, with notification to the FCC soon afterward that the states will reverse pre-empt federal rules. In November, Pennsylvania Independent Regulatory Review Commission members cleared pole-attachment…

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rules adopted August by the Public Utility Commission (see 1911210010). “We’ve been informed that the Office of the Budget and the Attorney General’s Office have completed their reviews, but we’re still waiting for the formal approval memos from those agencies,” a PUC spokesperson emailed Monday. “With those approvals in-hand, we expect the final rulemaking to be published in the January 18, 2020 edition of the Pennsylvania Bulletin.” Rules would be effective upon publication, he said. West Virginia Public Service Commission rules, adopted Dec. 5, take effect Feb. 3 and “we will send certification to the FCC on that same day,” a spokesperson emailed earlier this month. The states would join 20 others and Washington, D.C., in reverse pre-empting the FCC.