Gulf Power Co. v. FCC, et al., No. 11-1215 (D.C. Cir. 2012)Annotate this Case
Several company operators filed a complaint against petitioner with the FCC, which ruled that petitioner's increased pole attachment rates violated the Pole Attachment Act, 47 U.S.C. 224(d), and the FCC's implementing regulations. Petitioner now sought review of that order, arguing that the Act failed to provide for just compensation under the Fifth Amendment and that the FCC's decision was arbitrary and capricious, or was otherwise not supported by substantial evidence. The court found the doctrine of collateral estoppel a fatal bar to petitioner's assertion of the constitutional issue, and its remaining arguments unavailing. Accordingly, the court denied the petition.