US Defends Pole Attachment Order Before 9th Circuit
The government told the 9th U.S. Circuit Court of Appeals an FCC pole attachment order complies with the Telecom Act and should be upheld. An American Electric Power and other electric utilities challenge to an August ruling/order barring local infrastructure…
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moratoriums and revising pole-attachment processes is being heard as part of a broader challenge to last year’s infrastructure orders, in docket No. 18-72689 (see 1904180006). “Petitioners, a group of electric utility companies, contend that some of the Commission’s new rules are unlawful,” the regulator and DOJ said, posted Friday. “To the contrary, the challenged rules, which expanded on previous reforms, reflected a reasonable and carefully considered exercise of the agency’s authority under Section 224. Accordingly, the Court should reject petitioners’ claims and uphold the Order.”