High Court Again Delays Consideration of Electric Utility Appeal in FCC Pole-Attachment Case

conference is April 27 (calendar). Ameren and other electric power companies filed a cert petition seeking review of the 8th U.S. Circuit Court of Appeals upholding a 2015 FCC order aimed at driving down telecom pole-attachment rates to cable rate levels (see 1707310065 and 1511240071). Petitioners said the order and 8th Circuit ruling "conflict with the FCC's own prior understanding" of Communications Act Section 224 and the 11th Circuit's "conclusion that the statute reflects Congress’ intent" for the telecom rate to be higher than cable rate. They said the 8th Circuit "erred in deferring to the FCC’s unreasonable interpretation of the statute," and alleged a "massive transfer of wealth (hundreds of millions of dollars annually) from electric ratepayers to the shareholders of communications giants like Comcast, Charter, AT&T and Verizon." The DOJ and FCC said the 8th Circuit "correctly rejected" petitioners' argument that the commission's decision didn't deserve Chevron deference, "and its decision does not conflict with" any other high court or appellate decision. The government said the dispute "is of diminishing ongoing significance because the Restoring Internet Freedom Order [net neutrality rollback], when it takes effect, will require cable providers to pay the cable rate for attachments used to provide commingled video and broadband Internet access services, which will significantly reduce the percentage of pole attachments that are subject to the telecom rate."