Duke Asks 4th Circuit to Void Briefing Schedule in its Petition for Review
Duke Energy wants the 4th U.S. Circuit Appeals Court to temporarily suspend its briefing schedule in Duke’s petition for review of the FCC’s November order resolving its pole attachment dispute with AT&T, said its unopposed motion Tuesday (docket 22-2220). AT&T’s…
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petition for review in the D.C. Circuit said the FCC's order denied it "the full relief it sought" by requiring it to "pay a substantially higher rate for use of Duke’s poles” than competitors pay (see 2301190043). Duke’s 4th Circuit petition said parts of the order "exceed or are inconsistent with the FCC’s jurisdiction and statutory authority" and are "an abuse of discretion" (see 2211290053). The D.C. Circuit is expected to grant the FCC’s motion “in short order” and transfer AT&T’s petition to the 4th Circuit for consolidation with Duke’s petition, it said. Suspending the briefing order “will conserve party and judicial resources” while the 4th Circuit determines whether consolidation of the Duke Energy and AT&T petitions is “appropriate and, if so, how the consolidation impacts the current briefing schedule,” said Duke. Under the current briefing schedule, Feb. 15 is Duke’s deadline for filing its opening brief in its 4th Circuit petition.