11th Circuit Transfers Utility-FCC Pole Attachment Case to 9th Circuit
The 11th U.S. Circuit Court of Appeals is sending an FCC pole attachment case to the 9th Circuit. A commission motion to transfer the litigation to the 9th Circuit was granted by 11th Circuit Judge Kevin Newsom's brief order (in…
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Pacer) Friday in American Electric Power Service, et al. v. FCC, No. 18-14408. Electric utilities are challenging an August order streamlining "one-touch, make-ready" processes and making other pole attachment changes (see 1808090011). FCC and AEP representatives didn't comment. Citing petitions to reconsider, the commission asked the 9th Circuit to hold in abeyance an August ruling barring local moratoriums on broadband deployment (which was attached to the pole attachment order) and a September ruling-order to remove local barriers to small-cell wireless deployment.