PUBLIC SERVICE CO. OF COLORADO v. F.C.C.

No. 02-1163.

328 F.3d 675 (2003)

PUBLIC SERVICE COMPANY OF COLORADO, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents. Mile Hi Cable Partners, L.P., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided May 16, 2003.


Attorney(s) appearing for the Case

David R. Poe argued the cause for petitioner. With him on the briefs was Brett A. Snyder.

Roberta L. Cook, Counsel, Federal Communications Commission, argued the cause for respondents. With her on the brief were Robert B. Nicholson and Robert J. Wiggers, Attorneys, U.S. Department of Justice, Jane E. Mago, Assistant General Counsel, Federal Communications Commission, and John E. Ingle, Deputy Associate General Counsel. Gregory M. Christopher, Counsel, entered an appearance.

T. Scott Thompson argued the cause for intervenors. With him on the brief were Wesley R. Heppler and Brian M. Josef.

Before: ROGERS and GARLAND, Circuit Judges, and SILBERMAN, Senior Circuit Judge.


Opinion for the Court filed PER CURIAM.

PER CURIAM:

Public Service Company of Colorado (PSCo) petitions for review of a Federal Communications Commission order that found certain terms and conditions of their pole attachment agreement with Mile Hi Cable Partners, L.P., et al. (TCI) unreasonable. We deny the petition. The FCC's modifications of the "rates, terms, and conditions" of the agreement were a reasonable...

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