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American Electric Power Service Corporation v. Federal Communications Commission

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Petition for certiorari denied on October 7, 2013
Docket No. Op. Below Argument Opinion Vote Author Term
12-1396 D.C. Cir. N/A N/A N/A N/A OT 2013

Issue: (1) Whether Congress, by expressly excluding incumbent local exchange carriers (ILECs) from the Pole Attachments Act’s definition of “telecommunications carrier,” intended to exclude attachments by ILECs to the poles of other utilities from the protections of the Act; and (2) whether the FCC provided a reasoned justification for re-interpreting the Pole Attachments Act to extend its protections to attachments by ILECs to the poles of other utilities.

DateProceedings and Orders (key to color coding)
May 24 2013Petition for a writ of certiorari filed. (Response due June 28, 2013)
Jun 21 2013Order extending time to file response to petition to and including July 29, 2013.
Jun 28 2013Brief amici curiae of DTE Electric Company, et al. filed.
Jun 28 2013Brief amicus curiae of Edison Electric Institute filed.
Jul 29 2013Brief of Federal Respondents in opposition filed.
Aug 9 2013Reply of petitioners American Electric Power Service Corporation, et al. filed.
Aug 14 2013DISTRIBUTED for Conference of September 30, 2013.
Oct 7 2013Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.