Federal Communications Commission            DA 22-637 

                                  Before the 
                        Federal Communications Commission 
                             Washington, D.C. 20554 
 
 
In the Matter of                        )     
                                        )     
BellSouth Telecommunications, LLC d/b/a )     Proceeding Number 20-276 
AT&T Florida,                           )      
                                        )     Bureau ID Number EB-20-MD-003 
   Complainant,                         )     
                                        ) 
 v.                                     ) 
                                        ) 
Duke Energy Florida, LLC,               ) 
                                        ) 
   Defendant. 
 
 
                                   ORDER 
 
Adopted:  June 14, 2022                                    Released:  June 14, 2022 
 
By the Chief, Market Disputes Resolution Division: 
 
      1. On June 9, 2022, the Florida Public Service Commission (Florida PSC) certified to the Federal 
Communications Commission (Commission) pursuant to 47 U.S.C. § 224(c) that it: 
            a) regulates the rates, terms, and conditions for pole attachments; 
            b) in so regulating has the authority to consider and does consider the interests of the 
               subscribers of the services offered via such attachments, as well as the interests of the 
               consumers of the utility services; and 
            c) has issued and made effective rules and regulations implementing the State of 
               Florida’s regulatory authority over pole attachments (including a specific 
               methodology for such regulation which has been made publicly available in the 
               state).1 
      2. On June 13, 2022, the Commission issued a Public Notice of the receipt of the Florida PSC’s 
certification pursuant to section 1.1405(c) of the Commission’s rules.2  As a result, the Commission no 
longer has jurisdiction over the matters raised in this proceeding.  Pursuant to section 1.1405(d) of the 
Commission’s rules, this proceeding is hereby forwarded to the Florida PSC, and all future 
communications regarding this matter should be directed to the Florida PSC.3 
                         

                         
1 Letter from Keith C. Hetrick, General Counsel, Florida PSC, to Marlene Dortch, Secretary, FCC, WC Docket No 
10-101, States That Have Certified That They Regulate Pole Attachments (filed June 9, 2022) (attaching “47 U.S.C. 
§ 224(c) Certification to the Federal Communications Commission”) (Section 224(c) Certification)). 
2 States That Have Certified That They Regulate Pole Attachments, WC Docket 10-101, Public Notice, DA 22-630 
(WCB June 13, 2022); 47 CFR § 1.1405(c). 
3 47 CFR § 1.1405(d).  Accordingly, the Commission will forward the pleadings and documents filed in this 
proceeding to the Florida PSC consistent with any instructions to be provided by the Florida PSC. 
 

                        Federal Communications Commission            DA 22-637 
 

      3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 208, and 224 of the Act, 47 
U.S.C. §§ 151, 154(i), 154(j), 208, 224, and sections 1.3, 1.720-1.740 and 1.1401-1415 of the 
Commission’s Rules, 47 CFR §§ 1.3, 1.720-1.740, 1.1401-1415, and the authority delegated in sections 
0.111 and 0.311 of the Commission’s rules, 47 CFR §§ 0.111, 0.311, that the proceeding before this 
Commission IS CLOSED. 
      4. IT IS FURTHER ORDERED, pursuant to sections 1, 4(i), 4(j), 208, and 224 of the Act, 47 
U.S.C. §§ 151, 154(i), 154(j), 208, 224, and sections 1.3, 1.720-1.740 and 1.1401-1415 of the 
Commission’s Rules, 47 CFR §§ 1.3, 1.720-1.740, 1.1401-1415, and the authority delegated in sections 
0.111 and 0.311 of the Commission’s rules, 47 CFR §§ 0.111, 0.311, that the pleadings and documents 
filed in this proceeding WILL BE FORWARDED to the Florida PSC consistent with any instructions to 
be provided by the Florida PSC. 
       
                                    FEDERAL COMMUNICATIONS COMMISSION 
 
 
 
                                     
                                    Rosemary McEnery 
                                    Chief, Market Disputes Resolution Division 
                                    Enforcement Bureau 


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