- On August 5, 2011, the United States Court of Appeals for the District of Columbia denied a motion to stay the FCC’s Report and Order on pole attachments, which became effective June 8, 2011. The appellants, a group of electric utilities led by American Electric Power Service Corp., challenged the new rules that (1) allow incumbent local exchange carriers to file pole attachment complaints, (2) modify the rate formula applicable to telecommunications companies, and (3) expand the refund period in pole attachment complaint proceedings. The Court of Appeals held that the appellants “have not satisfied the stringent standards for a stay pending court review.” American Elec. Power Serv. Corp. v. FCC, No. 11-1146 (D.C. Cir.).
A second set of electric utility providers elected to remain before the FCC and seek reconsideration. Their petition for reconsideration, filed by the Coalition of Concerned Utilities, seeks modification of several rules governing the rights of the entities that attach to utility poles, including their right to refunds of overcharges.