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Courts Letting FCC 'Overstep' Bounds on Pole Attachments, Says Electric Utilities Counsel

Supreme Court refusal to hear a pole-attachment case is disappointing as "the courts have consistently permitted the FCC to overstep its bounds," emailed Charles Zdebski, Eckert Seamans counsel for electric utilities, whose cert petition was denied Monday in Ameren et…

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al. v. FCC et al., docket 17-819 (see 1804300021). "That overstepping is unfailingly to the detriment of electric utility ratepayers," he said. The FCC didn't comment. The electric utilities sought review of an 8th U.S. Circuit Court of Appeals ruling that upheld a 2015 FCC order aimed at driving down telecom pole-attachment rates to cable rate levels (see 1707310065 and 1511240071).