FCC Denies Reconsideration Petition and Application in Pole Attachment Proceeding

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The FCC has denied a petition for reconsideration by Duke Energy and an application for review by AT&T in a pole attachment proceeding concerning the two parties’ Joint Use Agreement (JUA) for use each other’s utility poles. The FCC upheld the Enforcement Buearu’s order that the rates paid by AT&T were “unjust and unreasonable” under the JUA and ordered Duke to charge a lower rate. However, the FCC’s order today also denied AT&T’s claim that it is entitled to a lower rate for use of Duke’s poles than other communications attachers.

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