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What's Up with Pole Attachments in Florida: Energy and Telecom Players Urge Different Approaches

Cindy Miller's picture
Consultant , Cindy Miller LLC

Cindy Miller served for 30 years in a range of positions at the Florida Public Service Commission.  These included Associate General Counsel and head of the Commission's External Affairs...

  • Member since 2020
  • 33 items added with 4,096 views
  • Sep 17, 2021

The Florida Public Service Commission has started a rulemaking to address pole attachments, pursuant to a new statute.  Both the energy industry and the communications industry have filed comments.  Of course, they urge different approaches.  Here's a sample:

  • Duke Energy says the draft rule should clarify that a respondent may request an evidentiary hearing.  Duke would support a 180 day resolution period for pole access complaints.
  • Florida Power & Light says the Commission should clarify that respondents may request an evidentiary hearing; and the Commission should reject the idea of establishing the FCC rate as the default rate.
  • Tampa Electric also urges that the rule not include the FCC rate formula.
  • CTIA says the Commission should codify the FCC's rate formula as its default for pole attachment rates.  They urge the Commission to consider a shorter maximum timeline for final action on complaints, especially access complaints.
  • Crown Castle Fiber says the draft rule should include a 180-day timeline for resolution of pole access complaints (rather than 360 days).  Also, the attachment rate should continue to be calculated under the FCC formula unless an alternative is requested.
  • The Florida Internet and Television Association urges that the rule should specify that the FCC's substantive rules and orders will govern complaints (the gold standard)(; at a minimum, they should specify that the FCC pole rental rates apply; complaints should be resolved in an expedited manner (within 90 days involving access to poles, within 180 days on complaints).

The next steps are that the Commission staff may modify their draft and will then take it to the Commission agenda for approval/modification.  Then a rulemaking process ensues in which interested persons may address the Commission, may file comments, and may even ask for a hearing.


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