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GULF POWER CO. v. F.C.C.

No. 11-1215.

669 F.3d 320 (2012)

GULF POWER COMPANY, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents Florida Cable Telecommunications Association, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided February 21, 2012.

Attorney(s) appearing for the Case

Eric B. Langley argued the cause for petitioner. With him on the briefs were J. Russ Campbell , Jason B. Tompkins , and Ralph A. Peterson . Allen M. Estes entered an appearance.

Richard K. Welch , Deputy Associate General Counsel, Federal Communications Commission, argued the cause for respondents. With him on the brief were Robert B. Nicholson and Robert J. Wiggers , Attorneys, U.S. Department of Justice, Austin C. Schlick, General Counsel, Federal Communications Commission, Peter Karanjia , Deputy General Counsel, and Laurel R. Bergold , Attorney.

John D. Seiver , Ronald G. London , and Christopher A. Fedeli were on the brief for intervenors Florida Cable Telecommunications Association, Inc., et al., in support of respondents.

Before: TATEL and GRIFFITH, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Opinion for the Court filed by Senior Circuit Judge WILLIAMS.

WILLIAMS, Senior Circuit Judge:

In 1978 Congress passed the Pole Attachments Act, which set a ceiling and a floor on the price that cable television operators and telecommunications carriers (here called cable operators for simplicity's sake) must pay to attach their lines to a power company's utility poles. See 47 U.S.C. § 224(d). The act directs the Federal Communications Commission to "regulate...

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