Conn. Dept. of Public Utility Control (DPUC) rejected AT&T motion...
Conn. Dept. of Public Utility Control (DPUC) rejected AT&T motion for dismissal or stay of proceedings in its investigation of company’s policy of charging nonresidential customers for cost to construct plant in public rights-of-way (ROW). AT&T sought stay until…
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FCC determined that franchising authority could regulate nonresidential cable service and installation fees. Dept. said its investigation of complaints from nonresidential subscribers revealed that it was AT&T’s standard practice to pass through all costs for nonresidential installations, including costs to construct plant in ROW, to customers. AT&T claimed DPUC lacked jurisdiction and authority to regulate rates and charges for cable service and related installation charges for nonresidential customers, saying Communications Act precluded DPUC from regulating nonresidential rates. If federal rules didn’t preclude DPUC, then it lacked authority under Conn. law and its franchise agreements to regulate commercial installation rates, company said. Effort by dept. to regulate nonresidential rates wouldn’t be in public interest, AT&T said, because it would force residential customers to subsidize commercial entities or “otherwise result in orders that would have no practical effect.” DPUC said authority delegated to dept. by state authorizes it to oversee use of ROW in public interest.