Oral Argument in Duke Energy v. FCC Is Tentatively Set for Jan. 23-26

The 4th U.S. Circuit Court of Appeals is tentatively calendaring oral argument in Duke Energy’s petition for review of the FCC’s 2018 pole attachment order for the Jan. 23-26 oral argument session in Richmond, said a clerk’s order Thursday (dock 22-2220). The FCC's order determined that AT&T should pay a pole attachment rate that’s lower than that of its joint use agreement with Duke but higher than the rate paid by other companies that attach their lines to Duke’s poles (see 2309050005). It also ordered Duke to refund AT&T the difference between the rate in the joint use agreement and what the commission found to be the “just and reasonable rate” for the period covered by a three-year statute of limitations.