Fla. PSC Adopts Pole Attachment Complaint Rules

Commissioners agreed at a livestreamed Tuesday meeting to a change suggested by Florida Power and Light that the utility said would prevent complaining attachers from paying zero dollars while an attachment rate is in dispute. Chairman Gary Clark proposed requiring the complainant to state upfront what it thinks it should pay, and then pay that “undisputed” minimum amount until the commission resolves the dispute. AT&T Senior Counsel Tracy Hatch and Florida Internet and Television (FIT) counsel Floyd Self of Berger Singerman at first raised concerns that there could be extended disagreement over the “undisputed” amount. FPL Senior Attorney Maria Jose Moncada assured the commission it would take what attachers thought was correct until the PSC decided. The parties hashed out language to that effect over a 30-minute recess. Hatch and Self afterward said the language looked practical, though they cautioned the statute may not allow it. The commission didn’t adopt two changes suggested by the communications lawyers. Self sought to shorten review of access-denial complaints to 90 days from 180 days as proposed. It would be 180 days at most, clarified PSC Senior Attorney Kathryn Cowdery. Staff is reluctant to set it shorter due to unknowns about how many complaints will come in and how long they will take to resolve, she said. Commissioner Andrew Fay stressed 180 days would be a “ceiling” and the PSC could act faster. Self and Hatch wanted PSC rules to expressly reference the FCC rate formula to clarify draft language allowing pole owners and attachers to ask for an alternative rate, since they said the rules don’t say to what it would be an alternative. The Florida law directing the PSC to regulate attachments didn’t require that, responded Cowdery. Earlier at Tuesday’s meeting, PSC members elected Fay, a NARUC Telecom Committee member, as its next chairman.