EB Partly OKs AT&T Pole Complaint Against Duke

The FCC Enforcement Bureau partly granted AT&T's complaint that Duke Energy's pole attachment rates are "unjust and unreasonable," said an order Tuesday. The carrier "pays far more than Duke on a per-foot basis" and the utility "cannot justify charging AT&T a vastly inflated rate based on AT&T’s historical status as the first communications attached," the order said. The bureau said AT&T is entitled to a rate "that does not exceed the Old Telecom Rate" and not the new telecom rate because it "receives benefits under the JUA [joint use agreement] that materially advantage AT&T over other attachers." The order said AT&T is entitled to a refund limited to a three-year statute of limitations because the poles are in the Carolinas. Both companies were directed to negotiate a reciprocal JUA. Duke received the order at around 3:30 pm EDT Tuesday and "[has] not had the opportunity to review" it, emailed a spokesperson.