On July 1, NRECA, EEI, and UTC filed a joint amicus brief with the U.S. Court of Appeal for the 9th Circuit in support of the petition by the American Electric Power Service Corporation Petitioners challenging the FCC's August 2, 2018 pole attachment order. Petitioners argue the FCC exceeded its statutory authority when it promulgated rules to speed access to utility distribution poles, conduits, and rights-of-way for broadband deployment. The order contradicts the Pole Attachment Act which requires electric utilities to be able to protect and maintain the safety and reliability of critical electric infrastructure and ensure responsible use of such infrastructure by attaching entities.
