Comcast Files Pole-Attachment Complaint vs. Duke Energy in Indiana
Comcast complained to the FCC that Duke Energy is denying it access to poles in Indiana, hindering broadband development across the state. Comcast said the denial is based solely on a protracted dispute over some charges from a build-out for…
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a third party that is being litigated. Duke’s “actions flatly contravene [Communications Act] Section 224, its implementing rules and express Commission precedent, and should be dealt with as soon as possible,” Comcast Indianapolis told the FCC in a complaint posted Wednesday. Comcast asked for expedited FCC review and an order forcing Duke to immediately lift a permit moratorium and process Comcast applications for pole attachments. The cable company also asked the commission to fine Duke “for its deliberate disregard of the Commission’s rules and agency precedent.” Comcast said the FCC already has decided the primary issue in the dispute: “that pole owners may not deny access based on upon an attacher’s refusal to pay disputed charges.” Duke hasn't justified its refusal to process the pole-attachment applications beyond saying they are “currently suspended,” Comcast said. Duke’s refusal is based solely on Comcast’s dispute of invoices for work associated with a build-out for KDL Windstream, a company formerly affiliated with Duke, Comcast said. “The KDL payment dispute is the subject of ongoing litigation brought by [Duke] in federal district court,” Comcast said. “To be clear, the KDL work has no connection whatsoever to the suspended [Comcast] permit applications.” Comcast said it tried to resolve the dispute over 19 months through talks with Duke and FCC Enforcement Bureau mediation, but to no avail. It’s now clear Duke’s denial will last throughout the KDL litigation, which doesn’t go to trial until January 2017, necessitating the complaint, said Comcast. Duke Energy had no comment Thursday.