DC Circ. Backs FCC's Power To Dictate Utility Pole Charges

Law360, Los Angeles (February 26, 2013, 3:42 PM EST) -- The D.C. Circuit on Tuesday dismissed a group of electric utility companies’ challenge to the Federal Communications Commission’s authority to limit what utility pole owners could charge telecommunications companies, finding the agency’s justifications for its rules to be reasonable.

Tuesday’s order comes a month after the companies — including American Electric Power Service Corp., Duke Energy Corp. and Entergy Services Inc. — told the appeals court that the FCC had abused its discretion when it limited what utility pole owners could charge telecommunications companies for attaching...
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