Federal Communications Commission	DA 21-XXX


Before the
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554


In the Matter of

BellSouth Telecommunications, LLC d/b/a
AT&T Florida,

Complainant,

v.

Duke Energy Florida, LLC,

Defendant.
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Proceeding No. 20-276
Bureau ID No. EB-20-MD-003

ERRATUM

Released:  September 10, 2021

By the Chief, Market Disputes Resolution Division, Enforcement Bureau:

On August 27, 2021, the Enforcement Bureau released a Memorandum Opinion and Order (MO&O), DA 21-1008, in the above-captioned proceeding.  This Erratum corrects footnote 135 on page 19 of the MO&O to read as follows:

“135 See Verizon Maryland, 35 FCC Rcd at 13618, para. 26 (finding utility had bargaining leverage where a four-to-one pole ownership disparity meant that the incumbent LEC would be required to relocate four times the facilities if the parties extracted themselves from their joint use agreement).  Duke’s expert states that, if both parties were to furnish and install poles to replace those to which they attach under the JUA, the total annualized cost to AT&T would be 
{[                  ]} (representing the cost to replace the 62,363 Duke poles to which AT&T is attached), while the annualized cost to Duke would be {[                    ]} (representing the cost to replace the 5,233 AT&T poles to which Duke is attached).  See Metcalfe Answer Aff. at 9-10, paras. 18-20 and Exh. E-2 at 1.”

						FEDERAL COMMUNICATIONS COMMISSION




						Rosemary H. McEnery
						Chief, Market Disputes Resolution Division
						Enforcement Bureau
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