Power Struggle: Comcast and Appalachian Power fight again over broadband pole attachment charges

CHARLESTON - Once again, a major telecommunications company is taking on one of West Virginia's two electric utilities over the issue of unfair charges for attaching new broadband to poles.

Attorneys for Comcast Cable Communications last week filed a pole attachment complaint against Appalachian Power with the Federal Communications Commission.

The dispute centers on pole attachment fees, with Comcast alleging that Appalachian Power is flouting a prior 2026 FCC order by charging arbitrary percentages for infrastructure replacements.

Comcast argues that it should only be responsible for the incremental costs specifically required for its new equipment, rather than the expenses associated with fixing pre-existing safety violations caused by others. Appalachian Power accused Comcast of forcing the electric utility to bear nearly all the costs for pole replacements for new broadband infrastructure.

"While we are still reviewing Comcast's complaint, our preliminary assessment is clear: Comcast is again seeking to shift the vast majority of its pole replacement costs onto (Appalachian Power) and our electric customers," said George Porter, director of communications for Appalachian Power.

The complaint centers on issues in neighboring Virginia, where Comcast was awarded $126 million through the U.S. Department of Commerce's Broadband Equity, Access, and Deployment program. The company is working to connect approximately 13,000 unserved and underserved locations in Virginia, requiring access to utility poles owned by Appalachian Power.

According to an FCC order released earlier this year, Comcast is only required to pay Appalachian power for the "incremental costs associated with installation of a pole that is taller or stronger than needed to remedy the pre-existing violation, and that allows for its additional new attachments."

"Comcast brings this complaint because (Appalachian Power) continues to impose unlawful requirements on Comcast that threaten to delay and potentially derail Comcast's deployment of broadband to unserved and underserved areas -- including federally funded BEAD projects with firm deadlines," wrote Matthew A. Brill, an attorney with Latham and Watkins LLP representing Comcast.

"APCO's continued defiance of the commission's rules and the 2026 Order is directly at odds with the commission's paramount interest in facilitating broadband deployment and ensuring an efficient dispute-resolution process regarding pole attachment charges," Brill continued.

A 2023 order issued by the FCC determined that pole owners cannot charge new attachers for replacements of utility poles due to pre-existing conditions on the pole, if the pole is already scheduled for replacement or if the pole is non-compliant with safety standards. In two orders released in 2025, the West Virginia Public Service Commission also has said that poles requiring replacement due to age, deterioration, safety violations, accident, or any other cause must be replaced at the cost of the owners.

But in April, Appalachian Power provided Comcast form letters informing the telecommunications company that it would require Comcast to cover at least 20% of the entire cost for new pole replacements, with the cost increasing to 100% depending on the conditions of the pole due to pre-existing violations.

“Expanding access to world‑class broadband for all Americans is essential to our nation's continued growth and competitiveness, and practices that delay or deny reasonable access to poles harm our nation's progress by slowing connectivity and limiting economic opportunity," said a Comcast spokesperson. "We appreciate the FCC's significant efforts to date on pole-related issues and look forward to their resolution of this important issue, so broadband deployment can proceed for those Americans who need it most."

In a statement Tuesday afternoon, Appalachian Power said its 20% minimum policy was meant to be a compromise. Porter said the cost for pole replacements are closer to $8,000 per pole.

"Appalachian Power Company ... supports expanded broadband access and recognizes the important role utility poles can play in helping providers reach more communities," Porter said. "At the same time, broadband expansion should not come at the expense of our electric customers. Our customers pay electric bills to support safe, reliable electric service, not to cover business costs that should appropriately be borne by broadband providers."

Internet services providers are watching this new FCC case with great interest. The Department of Commerce's National Telecommunications and Information Administration approved the use last November of $546 million of the total $1.2 billion BEAD grant to connect more than 73,000 residents to last-mile broadband. Comcast was awarded $61.2 million for BEAD projects in West Virginia.

"We are disappointed, but not surprised, to see Appalachian Power Company, already the subject of similar enforcement here in West Virginia, called back to answer for continuing to demand unreasonable payments for pole access," said Mark Polen, executive director of the West Virginia Cable Telecommunications Association. "Running up the tab on broadband projects hurts West Virginians and delays one of our state's top priorities: closing the rural digital divide."

In its FCC complaint, Comcast is requesting that the commission declare the 20% minimum policy as unlawful, enforce a $200 cost cap per pole and order refunds for past overcharges. Attorneys for Appalachian Power are seeking an extension on time to reply to Comcast's complaint.