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Public Utilities : Telecom Rate – Pole Attachment Act

Stephanie Maniscalco//August 18, 2017

Public Utilities : Telecom Rate – Pole Attachment Act

Stephanie Maniscalco//August 18, 2017

Where utilities sought review of an order of the FCC governing rates that could be charged to telecommunications providers for attaching their networks to utility-owned poles, the term “cost” is ambiguous, so the statute permits but does not allow the cable rate and the telecom rate to diverge, and the petition for review is denied because the order constituted a reasonable interpretation of the ambiguity.

Petition denied.

Ameren Corporation v. Federal Communications Commission (MLW No. 70832/Case No. 16-1683 – 9 pages) (U.S. Court of Appeals, 8th Circuit, Wollman, J.) Petition for review of an order of the Federal Communications Commission (Eric Brandon Langley, Birmingham, Alabama, argued for petitioner; Robin F. Bromberg, Charles A. Zdebski and Robert J. Gastner appeared on the brief) (Maureen Katherine Flood, Washington, D.C., for respondent).

Read the full text of this opinion. (PDF)

 

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