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National Cable Television Assocation, Inc. v. Gulf Power Co.
(U.S. Supreme Court)
FCC can regulate fees to use utility poles
The Supreme Court held 1/16/02 that, under the Pole Attachments Act, 47 U.S.C. § 224, the Federal Communications Commission ("FCC") has authority to set reasonable rates for utility-pole attachments that provide (1) commingled cable and high-speed (“broadband”) Internet service, and (2) wireless telecommunications equipment. The Court reasoned that the Act unambiguously provides that the FCC has the authority to “regulate the rates, terms, and conditions for pole attachments,” and defines “pole attachments” to include “any attachment by a cable television system.” (emphasis added). Also relying upon the plain text of the Act, the Court further reasoned that any pole attachments by a “provider of telecommunications service,” including those “which are composed of distinctively wireless equipment,” are subject to the FCC’s rate-setting jurisdiction. This decision is important to all cable, wireless telecommunications, and utility companies.
A split panel of the Eleventh Circuit had held that the FCC has no authority to regulate Internet service because Internet service is neither cable service nor telecommunications service. The court also held that the statute does not apply to wireless communications, relying on the statute’s definition of "utility" and the legislative history. This case is important to utility and telecommunications companies and has the potential to impact all businesses that use the Internet.
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