AT&T Granted Intervenor Status in 4th Circuit Review of Duke Energy v. FCC
The 4th U.S. Circuit Court of Appeals granted AT&T’s motion to intervene in support of respondent FCC in Duke Energy’s petition for review of the commission’s final Nov. 18 order resolving a dispute in AT&T’s favor over the reasonableness of…
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pole attachment fees, said a clerk's order (docket 22-2220) signed Thursday. The FCC and AT&T are to file a combined brief, said the order. Duke Energy is “adversely affected” by certain parts of the FCC’s order, and seeks a review on the grounds that they exceed or are inconsistent with the agency’s jurisdiction and statutory authority, violate the Administrative Procedure Act, “and are arbitrary, capricious an abuse of discretion or otherwise contrary to law,” said its Nov. 28 petition.