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Texas Justices Side With Time Warner In Utility Fees Row

Law360 (May 17, 2019, 3:58 PM EDT) -- The Texas Supreme Court said Friday that San Antonio's municipal utility charged discriminatory utility pole attachment fees to Time Warner Cable Texas LLC by collecting lower fees from AT&T Inc. despite billing both companies the same price for access.

Siding with Time Warner and Public Utility Commission of Texas, the Texas Supreme Court reversed a 2017 Court of Appeals ruling that CPS Energy didn't violate the Public Utilities Regulatory Act's uniform rate and anti-discrimination requirements for pole attachments because the uniform rate requirement only requires a utility charge uniform rates, not collect them.

Read as a whole, PURA bars discrimination, and there's...

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