FCC Pole-Attachments Order Upheld by 8th Circuit
A federal appeals court affirmed a 2015 FCC order aimed at equalizing telco and cable pole-attachment rates to spur broadband. In a Monday decision, the 8th U.S. Circuit Court of Appeals denied a petition for review of the FCC order by power companies that own poles.
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The 8th Circuit said the FCC made a reasonable policy decision under the Supreme Court’s Chevron standard of review, so the court must defer to the commission’s expertise: "The FCC sought to eliminate the disparity between the Cable and Telecom Rates in order to avoid subjecting cable providers offering broadband service to the higher Telecom Rate, and to avoid rate disparity between states whose pole attachment rates are regulated by the FCC and those states that had elected to regulate pole attachment rates using the Cable Rate even for telecommunications providers.”
American Electric Power, Ameren and other utilities had challenged the agency. They didn't comment right away, and the FCC declined to comment.