VA Legislature, Governor Finalize Pole “Make-Ready” Bill

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The Virginia General Assembly this week took final steps on a bill intended to solve disputes and speed broadband deployment. Both the Senate and the House of Delegates voted unanimously to concur with Gov. Glenn Youngkin’s only recommendation to the “make-ready” bill that covers utility pole access for broadband cable.

The State Corporation Commission will arbitrate any pole disputes. Youngkin recommended that the State Corporation Commission (SCC) get an extra 60 days to make such decisions, on top of the 180 days the General Assembly granted. The House and Senate combined bill, (SB 713) will return to Youngkin’s desk for his signature. Presumably it becomes law on July 1, according to Cardinal News

Disputes among certain ISPs and a few electric cooperatives about the make-ready process that prepares poles for new attachments and the cost obligation for the poles — sparked the legislation. The state has until December 31, 2026, to spend about $750 million in federal pandemic relief funds or risk having the government take back the leftover money that targeted broadband deployment for rural areas, reports Cardinal News.

Lawmakers and other interested parties were concerned about meeting that deadline because of the disputes and the lag time for make-ready work. Until now, there had been no arbiter in the state for such issues. The General Assembly used FCC rules, which apply to investor-owned utilities like Appalachian Power and Dominion Energy (NYSE: D), to inform their make-ready bill and get the SCC involved. The utilities are also participating in the commonwealth’s internet deployment.

On April 8, Youngkin preserved budget amendments that will use a total of $50 million from the state’s general fund to help with the issue. One amendment dedicates $30 million from the general fund to go into the fiscal year 2025 Virginia Make Ready Initiative. A second amendment would provide $10 million over each of the next two fiscal years for the Virginia Telecommunication Initiative, which administers the broadband deployment process.

By Leslie Stimson, Inside Towers Washington Bureau Chief

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