Ameren Corp. v. FCC, No. 16-1683 (8th Cir. 2017)
Annotate this CasePetitioners sought review of the FCC's order governing the rates that utility companies may charge telecommunications providers for attaching their networks to utility-owned poles. The Eighth Circuit denied the petition, holding that the term "cost" in the Pole Attachments Act, 47 U.S.C. 224, was ambiguous and the same "cost" definition need not be used to determine the upper bound for cable rates under section 224(d) and the rate for telecommunications providers under section 224(e). Therefore, the statute permits, but did not require, the Cable Rate and the Telecom Rate to diverge. The court rejected petitioners' argument that the FCC's interpretation of the statute rendered section 224(e) superfluous; concluded that the order constituted a reasonable interpretation of the ambiguity in section 224(e); and denied the petition for review.
Court Description: Wollman, Author, with Murphy and Colloton, Circuit Judges] Petition for Review - Federal Communications Commission. In this petition for review, Utility companies seek review of a November 2015 FCC order governing the rates utility companies may charge telecommunications companies for attaching their networks to utility-owned poles; the word "cost" used in the Pole Attachments Act, 47 U.S.C. Sec. 224, is ambiguous, and the same "cost" definition need not be used to determine the upper bound for cable rates under Section 224(d) and the rate for telecommunication providers under Section 224(e);the November 2015 order constitutes a reasonable interpretation of the ambiguity in Section 224(e), and the petition for review is denied.
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