4th Circuit Dockets AT&T Petition for Review of Pole Attachment Order
The 4th U.S. Circuit Court of Appeals docketed AT&T’s petition for review of the FCC’s order resolving AT&T’s pole attachment complaint against Duke Energy seeking just and reasonable pole attachment rates and refunds of past overpayments, said a docketing statement…
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Friday (docket 22-2220). Duke also petitioned for review of the same FCC order, and the 4th Circuit consolidated the two cases as cross-appeals, said the statement. In the order on review, the FCC granted AT&T’s pole attachment complaint only in part, denying AT&T “the full relief it sought,” it said. The order requires AT&T to pay a pole attachment rate for use of space on Duke’s poles “that is substantially higher than the just, reasonable, and fully compensatory new telecom rate AT&T’s competitors pay for use of comparable space on the same utility poles,” it said.