FCC Rejects Justification for Charging Pole Attachment Rates Above its Cable Rate Formula

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In its recent decision in Florida Cable Telecommunications Association, Inc. v. Gulf Power, the FCC affirmed the decision of one of its Administrative Law Judges, who had held that the following claims are not sufficient under the test laid out by the Eleventh Circuit in Alabama Power v. FCCt o justify charging above regulated pole attachment rates: (1) the claim that a pole is at full capacity simply because make-ready work must be performed in order to make room for a new attachment, or (2) the claim that buyers are competing for available space on the pole based on hypothetical buyers “waiting in the wings.”

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Womble Carlyle Sandridge & Rice, LLP on:

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