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11th Circuit Stays Mandate in Gulf Power II

10.16.00
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The U.S. Court of Appeals for the 11th Circuit has granted relief from its recent ruling in which it held that the FCC had no authority to regulate pole rents for cable systems providing Internet services. By Order dated Oct. 12, 2000, the court stayed the issuance of the mandate in Gulf Power Co. v. FCC, 208 F.3d 1263 (11th Cir. 2000) (“Gulf Power II”) pending the filing of and final action on a petition for writ of certiorari seeking review of the Gulf Power II decision in the U.S. Supreme Court. As reported previously, the decision by the 11th Circuit last April held that the FCC has no authority to set or limit pole attachment rents charged for cable lines that carry Internet traffic. The FCC and NCTA filed petitions for panel rehearing and rehearing en banc that were denied in September over a vigorous dissent by Judge Carnes. (See our advisories dated April 12, 2000, and Sept. 15, 2000.) The stay allows for the orderly review of the decision in the U.S. Supreme Court. In the interim, the FCC may continue to process pending pole attachment complaints under its existing rules and procedures.

Petitions for certiorari must be filed in mid-December, and the Court could resolve the petitions prior to the close of its term in early July 2001.

If you have any questions about pole attachment matters or Gulf Power II please contact us.

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