Keller and Heckman LLP Telecom Business Alert - Vol. IX Issue 4: Pole Attachment Order Challenged

Keller and Heckman LLP Telecom Business Alert - Vol. IX Issue 4: Pole Attachment Order Challenged

Coalition of Concerned Utilities Challenges Pole Attachment Order in Court

While its Petition for Reconsideration of the FCC's make-ready rulings remains pending at the Commission, last week the Coalition of Concerned Utilities (Consumers Energy, Detroit Edison, FirstEnergy, Hawaiian Electric, NSTAR, Pepco and Xcel, represented by Keller and Heckman LLP) attacked the FCC Pole Attachment Order before the U.S. Court of Appeals for the D.C. Circuit. In support of the Utility Petitioners (AEP et al), the Coalition's Intervenors' Brief seeks to overturn two key aspects of the FCC's decision: the assertion of jurisdiction for the first time over ILEC attachments and the dramatic reduction of the Telecom Rate down to the Cable Rate. Please contact Jack Richards (202.434.4210; richards@khlaw.com) or Tom Magee (202.434.4128; magee@khlaw.com) with questions.

"To us, the FCC's Order ignored not only electric utility concerns but Congressional directives as well. I'm betting the court agrees."
- Jack Richards
Partner, Keller and Heckman LLP

"The court should be much less fanatical than the FCC about broadband deployment and much more objective about statutory requirements."
- Tom Magee
Partner, Keller and Heckman LLP

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