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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
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  • Sep 17, 2021 9:30 pm GMT
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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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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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