Dismiss EEI Petition on Pole Attachment Refunds: USTelecom

USTelecom asked the FCC Wireline Bureau and staff to acting Chairwoman Jessica Rosenworcel to dismiss Edison Electric Institute's petition for the commission to “reduce its authority” on awarding refunds in pole attachment complaint proceedings, said an ex parte letter posted Friday in docket 17-84 (see 2106110050). USTelecom said EEI’s claim that its petition was unopposed was because the commission hasn't sought comment. “The petition is, and will be, opposed,” USTelecom said. It “does not meet the legal requirements for a declaratory ruling because there is no controversy, uncertainty, or lack of guidance under the commission’s existing rules” and is “inappropriately attempting to seek reconsideration of commission precedent that correctly rejected a notice requirement and a one-size-fits-all statute of limitations for pole attachment complaints,” the letter said.