Opening Brief Due April 10 in Duke’s Petition for Review of FCC Order
Duke Energy’s opening brief is due April 10 in its petition for 4th U.S. Circuit Appeals Court review of the FCC’s November pole attachment order, said an amended briefing order Monday (docket 22-2220). AT&T’s response, plus the opening brief in…
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its own petition for review, is due May 22, said the order. The FCC’s response brief is due July 6, followed by the Aug. 7 deadline for Duke’s reply, 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).