• On February 26, 2013, the U.S. Court of Appeals for the D.C. Circuit rejected an appeal filed by American Electricity Power Services Corporation and other power companies challenging the FCC’s 2011 Pole Attachment Order. Petitioners challenged (i) the FCC’s reformulation of the pole attachment rate to make it comparable to rates charged to cable providers; (ii) the FCC’s finding that incumbent local exchange carriers (ILECs) may share some of the pole-attachment benefits enjoyed by other telecommunications carriers; and (iii) the FCC’s decision to apply the applicable statute-of-limitations period for measuring damages in pole attachment disputes. On the rate issue, the court of appeals credited the FCC’s motivation to “eliminate distortions in end-user choices between technologies, and lead to provider behavior being driven more by economic costs than arbitrary prices differentials.” On the ILEC issue, the court reasoned that the FCC was merely substituting one reasonable interpretation of Section 224 for another. With respect to the final issue, the court held that the petitioners “have no serious statutory basis” as to why the FCC could not replace the previous rule whereby damages were measured from the date on which complaint was filed. Am. Elec. Power Serv. Corp. v. FCC, No. 11-1146 (D.C. Cir. Feb. 26, 2013).