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Articles

DC Circuit Schedules January 23 Oral Argument in Appeal of FCC Pole Attachment Order

November 9, 2012

Articles

DC Circuit Schedules January 23 Oral Argument in Appeal of FCC Pole Attachment Order

November 9, 2012

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The U.S. Court of Appeals for the District of Columbia Circuit has issued an order that oral argument will be heard on January 23, 2013, on the appeal filed by a coalition of utilities against the Federal Communications Commission’s April 7, 2011 pole attachment order.  The appeal will be heard by a panel of judges including Chief Judge Sentelle, Circuit Judge Tatel, and Senior Circuit Judge Williams.  The appeal challenges the FCC’s new rules allowing Incumbent Local Exchange Carriers (ILECS) to file complaints with the FCC seeking lower pole attachment rates from utilities, the FCC’s revised rate formula for attachments by providers of telecommunications services, and the new refund period allowed by the FCC in a complaint case that extends as far back in time as the “applicable statute of limitations” allows.  The court had earlier denied a request to stay the FCC’s rules pending appeal so they are currently in effect.  Various stakeholders on both sides have intervened in the case, including wireless carriers, telephone companies, cable providers, and electric utilities.  The Edison Electric Institute, represented by Fish & Richardson, filed an amicus curiae brief in support of the petitioners.

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