By Cablefax Staff
AT&T argues it is entitled to the FCC's new telecom rate of $8.35 per pole unless the utility company can prove a higher rate is justified because the parties' joint use agreement provides AT&T net material benefits over its competitors. "Alabama Power has not tried to prove that AT&T has any such benefits. Instead, Alabama Power just claims that AT&T receives certain 'obvious' benefits under the JUA," AT&T said in its complaint filed with the FCC Monday.
This isn't small potatoes, with AT&T facilities attached to more than
630K Alabama Power poles in the state. AT&T doesn't just want a new rate, but would like to be refunded for what it claims are "overpayments" since 2012. The company acknowledges it doesn't have "complete insight" into what Alabama Power is charging and wants the utility to be share its formulas and calculations.
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