Key Bridge, Washington, DC
On February 26, 2013, the U.S. Court of Appeals for the D.C. Circuit (D.C. Circuit) issued a decision involving joint use and pole attachment policies that has important consequences for publicly-owned utilities. In the AEP decision, the D.C. Circuit agreed with the Federal Communications Commission’s (“FCC”) approach to pole attachment regulation, including the FCC’s policy toward incumbent local exchange carriers, the rate the FCC allows utilities to charge telecommunications providers for pole attachments, and the applicable refund period for a utility’s overcharges of pole attachment fees.