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SOUTHERN CO. v. F.C.C.

Nos. 99-15160, 00-10257, 00-11027, 00-11071, 00-11193, 00-11300, and 00-11452.

293 F.3d 1338 (2002)

SOUTHERN COMPANY, Petitioner, United Telecom Counsel, Edison Electric Institute, Inc., and Bell Atlantic, Intervenors, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, MCI WorldCom, Inc., AT&T, US West, National Cable Television Association and California Cable Association, Intervenors. Florida Power & Light Company, Petitioner, v. Federal Communications Commission, United States of America, Respondents, MCI WorldCom, Inc., Intervenor. Baltimore Gas and Electric Company, Petitioners, v. Federal Communications Commission, United States of America, Respondents, MCI WorldCom, Inc., Intervenor. Commonwealth Edison Company, Petitioner, v. Federal Communications Commission, United States of America, Respondents, MCI WorldCom, Inc., Intervenor. Atlantic City Electric Company, Delmarva Power and Light Company, Duquense Light Company, Potomac Electric Power Company, Public Service Electric and Gas Company, Reliant Energy HL&P, Tampa Electric Company, Virginia Electric and Power Company, Petitioners, v. Federal Communications Commission and United States of America, Respondents, MCI WorldCom, Inc., Intervenors. American Electric Power Service Corporation, Petitioner, Bell Atlantic, Intervenor, v. Federal Communications Commission, United States of America, Respondents, MCI WorldCom, Inc., Intervenors. Duke Energy Corporation, Petitioner, Bell Atlantic, Intervenor v. Federal Communications Commission, United States of America, Respondents, MCI WorldCom, Inc., Intervenor.

United States Court of Appeals, Eleventh Circuit.

June 13, 2002.

Attorney(s) appearing for the Case

Anthony C. Epstein, Jenner & Block, Steptoe & Johnson, LLP, Thomas Peter Steindler, McDermott, Will & Emery, Robert P. Williams, II, Troutman Sanders, Jean G. Howard, Florida Power & Light Co., Miami, FL, Washington, DC, for Petitioners.

Gregory M. Christopher, Washington, DC, Robert J. Wiggers, Robert B. Nicholson, Antitrust Div., App. Section, Dept. of Justice, Washington, DC, for Respondents.

John D. Seiver, Cole, Raywid & Braverman, Washington, DC, for Intervenor, Nat. Cable Television Ass'n.

Laurence W. Brown, Washington, DC, for Intervenor, Edison Elec. Institute, Inc.

Jeffrey Lee Sheldon, McDermott, Will & Emery, Paul Glist, Geoffrey Charles Cook, Cole, Raywid & Braverman, Washington, DC, for Intervenor, Bell Atlantic.

Tracey A. Drohan, Charles A. Zdebski, Troutman Sanders, Washington, DC, for Petitioners in 00-11193.

Christine M. Gill, McDermott, Will & Emery, Washington, DC, for Petitioner in 00-11300.

Before EDMONDSON, Chief Judge, and BIRCH and WILSON, Circuit Judges.

WILSON, Circuit Judge:

Petitioners, a geographically diverse group of electric utility companies, raise a series of challenges to several Federal Communications Commission (FCC) guidelines implementing the 1996 Amendments to the Pole Attachments Act, 47 U.S.C. § 224. After carefully reviewing petitioners' claims, and after the benefit of oral argument, we hold that the FCC erred when it issued guidelines stating (1) that the Pole Attachments Act's coverage extends...

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