What's Up with Pole Attachments in Florida: Energy and Telecom Players Urge Different Approaches
- Sep 17, 2021 9:02 pm GMT
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).
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