Florida Power Corporation v. Federal Communications Commission

This case involves an appeal by Florida Power Corporation (hereinafter “Florida Power”) from an Order issued by the Federal Communications Commission (hereinafter “FCC” or “Commission”) authorizing certain cable television companies to maintain cable equipment on Florida Power’s utility poles at a rate significantly less than that specified in prior contracts between the parties. This Order was issued pursuant to the Pole Attachments Act, 47 U.S.C. § 224 (West Supp.1985).

We conclude that the Order, which mandates a rental rate of less than one-third the agreed upon rates and which in reality…