and until then these carriers will sue the FCC and they'll get what they want. the FCC also has no ruling power for anything to do with pole access either. That is upto local and state governments NOT them.
the FCC is walking a fine line right now; especially with the budget in such a mess. Congress can easily start pulling money from their budget and put it some where else. And they damn well should if the FCC can't stay within their boundaries. of RULE making not law making (they have no law making power).