Uphold FCC on Pole Attachment in Utility Challenge, Verizon, USTelecom Ask 9th Circuit
The 9th U.S. Circuit Court of Appeals should uphold a 2018 FCC order "to ensure that just and reasonable rates, terms, and conditions apply when communications providers attach to utility poles," said Verizon and USTelecom. Electric utility challengers seek to…
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reverse the "sensible and well-supported presumption that comparable communications providers should pay the same pole attachment rates," the entities filed (in Pacer) Thursday in case 19-70490. Utilities seek to undo the decision "to speed and streamline portions of the process for attaching to utility poles in order to facilitate broadband deployment," they added: It was "reasonable exercise" of authority under Communications Act Section 224. The FCC "faced consistent, intense resistance from" utilities that own many of the poles trying to keep high attachment rates, especially on telcos, the two respondents-intervenors said. Rules exceed authority and violated the Administrative Procedure Act, say American Electric Power, Duke, Xcel and other utilities (in Pacer). Lawyers on their side didn't comment Friday.