Verizon Wireless, Florida Power and Light and the Federal Communications Commission are currently sorting out the carrier’s claim that the utility is overcharging Verizon for small cell deployments on FPL utility poles.
In a nutshell, Verizon is alleging Florida Power and Light is charging it more than other service providers for placing equipment on utility poles controlled by the utility. Verizon wants the FCC to review the matter and potentially offer relief, whereas FLP is claiming the proper jurisdiction is Florida judicial system.
From a Dec. 11 filing with the FCC by Verizon attorneys: “FPL’s recent actions leave no doubt that its sole objective is to delay this proceeding in hopes that it will be able to postpone or avoid the just and reasonable rates required by Section 224(b) and the Pole Attachment Order. And the need for prompt FCC action is all the more apparent considering FPL’s most recent foray into state court: FPL has filed a second state court lawsuit, this time seeking an immediate state court judgment in its favor with respect to the 2013 and 2014 rental years. Rather than agreeing to stay the second state court case pending the outcome of this proceeding, FPL instead is trying to leapfrog the FCC by slowing down FCC action and rushing what it hopes will be a second state court judgment in its favor.”
