Section 224 of the Communications Act authorizes the Commission to regulate attachments by cable television systems or providers of telecommunications service to utility poles, ducts, conduits, and rights-of-way. Under Section 224(b), the Commission has a duty to ensure that the rates, terms, and conditions for attachments are just and reasonable. The Commission also has a duty to ensure that cable television systems and telecommunications carriers have non-discriminatory access to utility poles, ducts, conduits, and rights-of-way under Section 224(f), and that local exchange carriers have access to the poles, ducts, conduits, and rights-of-way of other local exchange carriers under Section 251(b)(4).
Section 224 complaints are subject to the same basic set of procedural rules as formal Section 208 complaints (see 47 CFR §§ 1.720-1.740), as well as a few additional rules that specifically address pole attachment complaints (see 47 CFR §§ 1.1401-1.1415). Before filing a Section 224 complaint, a party should thoroughly review these procedural requirements. Note specifically that complaints alleging that a rate, term, or condition for attachment is unjust or unreasonable must contain a statement that the relevant State has not certified that it regulates the rates, terms and conditions for pole attachments. See 47 CFR § 1.1404(c). See also the list of states that have certified that they regulate pole attachments.
Before filing a Section 224 complaint, please contact MDRD staff to discuss the issues in dispute and explore the possibilities for resolution through pre-complaint mediation supervised by MDRD staff.