Today, the Florida Public Service Commission (PSC) approved a proposed rule providing the filing requirements for pole attachment complaints, and a proposed rule that regulates the safety of specific communications services poles.
“The proposed pole attachment complaints rule approved today provides better guidance for parties and gives us needed information to resolve disputes,” said PSC Chairman Andrew Fay. “In addition, the PSC proposed a rule that provides oversight of safety, inspections, repair and maintenance, and vegetation management requirements for communications services poles with IOU attachments.”
Last year, the Florida Legislature gave the PSC jurisdiction to regulate and enforce rates, charges, terms and conditions of pole attachments when resolving pole attachment complaints between parties. This law will result in the PSC having jurisdiction over pole attachment complaints instead of the Federal Communications Commission.
Following the rule development process that included input from affected stakeholders, the PSC in November 2021 proposed a pole attachment complaints rule addressing procedures to be followed by companies involved in a corresponding proceeding before the PSC.
The Florida Internet and Television Association and some of its members filed a petition for a rule hearing so that the PSC could receive testimony and other evidence for suggested changes to the proposed pole attachment complaints rule. Input received from stakeholders at the rule hearing, including suggested language, resulted in the changes to the proposed pole attachment complaints rule language that the PSC approved today.
The Legislature also gave the PSC jurisdiction over safety of poles owned by communications services providers that have investor-owned utility attachments. The PSC today proposed a rule that implements the PSC’s authority to regulate pole safety, inspections, repair, maintenance, and vegetation management and sets forth monetary penalties for failure to comply with the rule.
Each attachment rule will become effective 20 days after they are filed for adoption with the Department of State.
For additional information, visit www.floridapsc.com.
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