FCC Seeks 45-Day Briefing Schedule in 4th Circuit Duke Energy Petition
The FCC wants the 4th U.S. Circuit Court of Appeals to “fix a briefing schedule” that affords the commission at least 45 days to respond to Duke Energy’s opening brief in its petition for review, said the agency’s motion Thursday…
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(docket 22-2220). Duke Energy doesn’t oppose the motion, provided it's given at least 30 days to file a reply to the FCC’s responding brief, it said. The FCC doesn’t object to that request, it said. Duke Energy is seeking a review of the commission’s final Nov. 18 order resolving a dispute in AT&T’s favor over the reasonableness of pole attachment fees (see 2212290050). Duke Energy contends it was “adversely affected” by certain parts of the FCC’s order, asserting they exceeded or were inconsistent with the agency’s jurisdiction and statutory authority.