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SOUTHERN CO. SERVICES, INC. v. F.C.C.

Nos. 01-1326, 01-1328, 01-1372, 01-1377, 01-1378 and 01-1380.

313 F.3d 574 (2002)

SOUTHERN COMPANY SERVICES, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents. United Telecom Council, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 20, 2002.

Attorney(s) appearing for the Case

J. Russell Campbell argued the cause for petitioners. With him on the briefs were Andrew W. Tunnell, Eric B. Langley, Jennifer M. Buettner, Charles A. Zdebski, Shirley S. Fujimoto, Christine M. Gill, Thomas P. Steindler, Erika E. Olsen, Jill M. Lyon, Brett W. Kilbourne, and Laurence Brown. John D. Sharer entered an appearance.

Gregory M. Christopher, Counsel, Federal Communications Commission, argued the cause for respondents. With him on the brief were Jane E. Mago, General Counsel, John E. Ingle, Deputy Associate General Counsel, Robert B. Nicholson and Robert J. Wiggers, Attorneys, United States Department of Justice. John J. Powers III entered an appearance.

Daniel L. Brenner, Neal M. Goldberg, David L. Nicoll, Thomas F. O'Neil III, William Single IV, Paul Glist, John D. Seiver, Geoffrey C. Cook, Brian M. Josef, and Anthony C. Epstein were on the brief for intervenors National Cable & Telecommunications Association, et al.

Before: EDWARDS, ROGERS, and GARLAND, Circuit Judges.

Opinion for the Court filed by Circuit Judge EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

In this case, Southern Company Services along with a dozen owners of utility poles and conduits (collectively, "utilities" or "petitioners") petition this court for review of three Federal Communications Commission ("FCC" or "Commission") Orders implementing amendments to the Pole Attachments Act (the "Act"), 47 U.S.C. § 224 (2000). Under the Act, the owners of poles...

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