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GEORGIA POWER v. TELEPORT COMMUNICATIONS ATLANTA

No. 02-15608.

346 F.3d 1033 (2003)

GEORGIA POWER COMPANY, Petitioner, v. TELEPORT COMMUNICATIONS ATLANTA, INC., Duke Energy Corp., American Electric Power Service Corp., Intervenors, Federal Communications Commission, United States of America, Respondents.

United States Court of Appeals, Eleventh Circuit.

September 29, 2003.

Attorney(s) appearing for the Case

Charles A. Zdebski, Troutman Sanders, Washington, DC, for Petitioner.

Gregory M. Christopher, F.C.C., Robert B. Nicholson, Robert J. Wiggers, U.S. Dept. of Justice/Antitrust Div., Appellate Section, Washington, DC, for Respondents.

Thomas Peter Steindler, McDermott, Will & Emery, Paul Glist, Brian Josef, Felicia K. Watson, Geoffrey Charles Cook, John D. Seiver, Cole, Raywid & Braverman, LLP, Washington, DC, for Intervenors.

Before BLACK and MARCUS, Circuit Judges, and MIDDLEBROOKS, District Judge.

BLACK, Circuit Judge:

In this petition for review, Georgia Power Company challenges the Federal Communications Commission (FCC) order affirming a decision of the FCC's Cable Services Bureau which reduced Georgia Power's $53.35 annual pole rental rate to between $6.56 and $8.24. FCC has jurisdiction over utility pole attachments for cable and telecommunications providers under the Pole Attachment Act of 1978, as amended by the Telecommunications Act of 1996, specifically...

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