Duke Petitions 4th Circuit for Review of FCC, AT&T Pole Attachment Order

Duke Energy asked the 4th Circuit U.S. Court of Appeals to review an FCC November order denying its petition for reconsideration on a pole attachment rate dispute with AT&T. Parts of the order "exceed or are inconsistent with the FCC’s jurisdiction and statutory authority" and are "an abuse of discretion," the company said in a petition posted Monday in docket 22-2220 (see 2211170051). It also argued the order violated the Administrative Procedures Act. Duke asked the court to vacate parts of the order "to be designated in the time, form, and manner required by the court." The petition stems from a September 2021 Enforcement Bureau order partly granting AT&T's complaint that it was charged "unjust and unreasonable" pole attachment rates by Duke (see 2109210075). AT&T declined to comment. The FCC didn't comment.