FEDERAL COMMUNICATIONS COMMISSION Enforcement Bureau Market Disputes Resolution Division 445 12th St., SW Washington, DC 20554 July 8, 2019 Copies sent by E-mail NOTICE OF COMPLAINT BellSouth Telecommunications, LLC dlb/a ) AT&T Florida, ) Complainant, ) ) ) Proceeding Number 19-187 v. ) Bureau ID Number EB-19-MD-006 Florida Power and Light Company, ) ) Defendant. ) Christopher S. Huther Claire J. Evans Charles A. Zdebski Wiley Rein LLP Eckert Seamans Cherin & Mellott 1776 K Street NW 1717 Pennsylvania Avenue, NW Washington, DC 20006 12th Floor chuther@wileyrein.com Washington, DC 20006 cevans@wileyrein.com czdebski @eckertseamans .com Counsel for Complainant Counsel for Defendant Dear Counsel: On July 1, 2019, BellSouth Telecommunications, LLC d/b/a AT&T (AT&T) filed with this Commission a complaint against Florida Power and Light Company (Florida Power) under section 224 of the Communications Act of 1934, as amended (the Act), 47 U.S.C. § 224. Florida Power should have a copy of the Complaint as served by hand by AT&T on July 1, 2019. See 47 CFR § 1.734(c). If that is not the case, Florida Power should immediately contact Commission counsel.  Pole Attachment Complaint,ProceedingNo. 19-187,Bureau Id. No. EB-19-MD-006(filedJuly 1, 2019) (Complaint). complaint formal legal citation warrant Consolidation (k). filing stipulated proceedings Are format Red Bureau, the Reconsideration, 14 the 2 Com,njssjon  concurrently 47 Telecommunications concurrently complies rules customary counsel file that 224 proceeding. and is Although The Staff See ( [WJe lia.royle@fcc.gov. 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Commission s Under this phone Consolidation FCC is ( [M]otions the must https://transition.fcc.gov/Formsorm485/4$5.pdf. 2 filed CFR CfR file The rules, 34); by a § posed attach to all Complaint complaint See filing proceeding. comprehensive to Recon for and July Rcd by only rules this Section 1.720-1.740 § associated file Rule § Procedttres of number the All with 47 no 47 dismissing Florida that requires l.721(b)-(d), a a serve 22497 of by 1.722(j). filing case CFR and in 12, legal complaint, governing hard filings Consolidation Order); CFR a to the rare AT&T rules, complies 224 rules Proceedings separate Order), 2019, dismiss serve is and § a copy (1997) Commission s analysis evidence of Power circumstances. parties § 1.740. reply My of (202) to must 47 as or pleading Amendment and format 1.722(e). establishes Accordingly, the Be to must an of this the denying answer, Inplementation (r), phone CFR motion are (Formal to serve with that followed Conuntinications 1.14011.14l5.2 418-7391, answer comply to must In circumstances proceeding Order, relevant in 1.726(b). rarely the Delegated be file addition, Complaints § material. containing the the number reply, filed to on the In be 0.111, answer fact-based of record. Complaints a dismiss warranted. to rules 33 47 Commission s with addition, Florida filed when complaint. Certain schedule pursuant to the and FCC Further, CfR and and if differ 0.311, to AT&T s See of is a governing the that complete and Under complaint Formal of the joint filing served the her (202) Act, Red 47 § pleadings. Power 47 of individual Commission s significantly 1.729(d); Enforcentent AT&T complies The served to Om-der), CFR complaint for the e-mail to CFR statement at Order, Section contains modify (quoting 418-7273, Complaints our 7183. argument formal the factual legal rules. § section § that did 1.721. 1.721(g), Order address 29 See Rule cases 208 with para. the a of FCC not from and of on 3) A party must file and serve any opposition and objections to the opposing party s interrogatories within seven calendar days after service of the interrogatories. Any interrogatories to which no opposition or objection is raised must be answered within 20 days of service. 47 CFR § 1.730(c). 4) The parties must meet to discuss the resolution or narrowing of as many issues as possible. Such discussions should include the following matters: settlement prospects, discovery, factual and legal issues in dispute, the case schedule, and the preparation of joint statements. See 47 CFR § 1.733(b). Based on these discussions, the parties should prepare joint statements of (a) stipulated facts, disputed facts, and key legal issues; and (b) all proposals agreed to and any disputes remaining regarding the matters listed in 47 CFR § l.733(b)(l). The joint statements must be filed by August 29, 2019. The parties may submit these two joint statements in a single document if each is separately identified therein. We strongly encourage the parties to devote substantial effort to developing comprehensive and detailed joint statements. See Format Complaints Recoit Order, 16 FCC Rcd at 5696-97, para. 35. 5) An initial status conference in this proceeding has been scheduled for September 12, 2019 at 9:00am, at the Federal Communications Commission, 445 12th Street, SW, Washington, DC 20554. See 47 CFR § 1.733. We strongly encourage each party to include in the conference a client representative with knowledge of the central facts and authority to settle the dispute. After clearing security at the 12th Street entrance, the parties should call Lia Royle at 418-7391 to be escorted to the conference. See 47 CFR § 1.733. The parties should be prepared to spend at least three hours in conference. 6) The above schedule anticipates final action on the Complaint within 270 days of its filing. See Ride Consolidation Order, 33 FCC Rcd at 7186, paras. 22-23. The Enforcement Bureau has discretion to pause the 270-day review period where actions outside the Commission s control (such as settlement discussions or mediation) delay Commission review of the complaint or where the Bureau determines that the issues and record are particularly complex, necessitating additional time for discovery, briefing or the submission of information requested by the Bureau. See Ritte Consolidation Order, 33 FCC Rcd at 7186, para. 23. In light of the 270-day review period, we will be disinclined to grant requests for deadline extensions, absent a showing of good cause. Further, tight deadlines will apply to any discovery and briefing that may be permitted in this matter, and discovery and briefing must be completed by October 8, 2019. The parties and their counsel should plan their schedules accordingly. The parties must file a public version of all written submissions in this proceeding using the Commission s Electronic Comment Filing System (ECFS). All written submissions should (a) prominently contain the Proceeding Number and Bureau ID Number referenced above, and (b) be addressed to the Commission Secretary. A party that seeks to file both a public version and a confidential version of a submission must do so in compliance with section 1.731 of the Commission s rules and must file the public (redacted) version on ECFS and file the confidential (unredacted) version in hard copy form with the Office of the Commission Secretary. 47 CfR § 1.731. A party asserting confidentiality for any information or materials should restrict its designations to encompass only the specific information that it asserts is confidential. Confidential designations in pleadings must be clearly identified and marked accordingly, e.g., [Begin Confidentialj/[End Confidential]. Confidential filings also must clearly identify and mark each page, or portion thereof, which includes confidential designations. See 47 CFR § 1.731(a)(l). In addition to filing the unredacted version with the Office of the Secretary, please leave at that office three additional unredacted hard copies marked as  Courtesy Staff Copies. EB-MDRD, 202-418-7330. See 47 U.S.C. § 154(i); 47 CFR § 1.734(e). The parties must serve all filings via e-mail, hand-delivery, or overnight delivery, together with proof of service. See 47 CFR § 1.734(0. Also, please email to Commission counsel for this proceeding courtesy copies of all filings (both public versions and confidential versions) in a format that permits full text searching, if possible. See 47 U.S.C. § 154(1);47 CFR § 1.734(e). See Format Complaints Amendment Order, 29 FCC Rcd at 14081, para. 11 (requiring parties to provide hard copies of submissions to Commission staff upon request). 3 This proceeding is restricted for ex pane purposes. See 47 CFR Part 1, Subpart H. Further, the parties are required to retain all records that may be relevant to the complaint, including electronic records, until the Commission s decision in this proceeding is final and no longer subject to judicial review. See 47 U.S.C. § 154(i), 208(a); 47 CFR § 42.7. We issue this letter ruling under sections 4(i), 4(j), 208, and 224 of the Act, 47 U.S.C. § 154(i), 154(j), 208, 224, sections 1.3, 1.720-1.740. and 1.1401-1.1415 of the Commission s Rules, 47 CFR § 1.3, 1.720-1.740, 1.1401-1.1415, and the authority delegated in sections 0.111 and 0.311 of the Commission s rules, 47 CFR § 0.111,0.311. FEDERAL COMMUNICATIONS COMMISSION Lisa B. Griffin Deputy Chief, Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission 4