FCC Partially Grants AT&T Review of Pole Attachment Complaint Against FPL

The FCC upheld several Enforcement Bureau orders resolving a pole attachment complaint filed by AT&T against Florida Power and Light, in an order Wednesday (see 2109160054). The order denied AT&T's challenge of the bureau's finding on the average number of attachers and space occupied and granted its challenge on the calculation of the rate of return. "We find that the parties should apply the rate of return prescribed by the Florida Public Service Commission (PSC) for FPL’s intrastate services rather than ... the commission’s default rate of return," the order said. The PSC voted Tuesday affirming its authority to reverse preempt the FCC on complaints (see 2206070071). The FCC also denied AT&T's application for review of the bureau's decision to dismiss with prejudice its complaint regarding a joint use agreement.