Duke’s Brief Due March 13 in Consolidated Petitions for Review
The 4th U.S. Circuit Appeals Court docketed as cross-appeals AT&T’s petition for review of the FCC’s pole attachment order from the D.C. Circuit (docket 23-1096) with Duke Energy’s petition for review in the 4th Circuit (docket 22-2220), said a clerk’s…
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order Monday. Duke will be considered the petitioner for “purposes of the consolidated appeals and shall proceed first at briefing and at oral argument,” said the order. Duke’s opening brief is due March 13, and AT&T’s opening brief and response are due April 24, said an amended briefing schedule Monday. The FCC’s response is due June 8, it said. AT&T’s petition for review says 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 petition says parts of the order "exceed or are inconsistent with the FCC’s jurisdiction and statutory authority" and are "an abuse of discretion" (see 2211290053).