On June 13, 2022, the FCC provided notice that the State of Florida has become the 24th state (including the District of Columbia) to certify state-level regulatory jurisdiction over rates, terms, and conditions for pole attachments.
Under the FCC’s “reverse preemption” framework for its pole attachment rules, Florida’s certification means that, generally, the FCC no longer has jurisdiction to hear pole attachment complaints over matters now regulated by the state.
Florida’s certification comes a year after the Florida legislature gave the Florida Public Service Commission (PSC) authority to regulate pole attachments and oversee disputes, and a few weeks after the PSC then adopted rules to regulate rates, terms, and conditions for pole attachments when parties cannot reach agreements. As directed by the Florida legislature, the Florida PSC rules, which went into effect June 8, 2022, provide that if a pole attachment complaint is filed, the PSC will apply the rates, terms, and conditions using the FCC’s rules and orders, unless a party establishes by competent substantial evidence that an alternative, cost-based rate is “just and reasonable and in the public interest.” Under the new rules, the Florida PSC must take final action on pole attachment complaints limited to denial of access no later than 180 days after the complaint is filed.
If you have any questions about the ramifications of Florida’s certification or pole attachment regulations, please contact a Sheppard Mullin communications attorney.