Last week, apparently in response to a complaint filed earlier this year by Verizon, Florida Power & Light (“FP&L”) met with staff of the FCC Wireline Competition Bureau to discuss the benefits of lower pole attachment rates for ILECs. As reported in its ex parte notice dated April 3, 2014, FP&L claimed  that ILECs had not yet provided evidence that lower pole attachment rates have benefitted the public, as the FCC strongly encouraged in its April 2011 Order, which extended certain Section 224 protections to ILECs.

FP&L is also considering filing a petition for declaratory ruling requesting that the FCC examine whether the ILECs have delivered the specific consumer benefits promised in exchange for Section 224 benefits, as well as a request for a further rulemaking to consider whether the rules should be amended to eliminate the lower rates previously extended to incumbent phone companies.

We will advise you of any further developments on this front as they occur.