Legal Opinion
Alabama Power Co. v. Federal Communications Commission
Court of Appeals for the Eleventh Circuit
Decided November 14, 2002No. 00-14763, 00-15068 and 01-13058PublishedCited by 2 opinions
1Opinion of the Court
Petitions for Review of Orders of the Federal Communications Commission.
Before TJOFLAT, BARKETT and WILSON, Circuit Judges. TJOFLAT, Circuit Judge:
As part of the Telecommunications Act of 1996, Congress amended the Pole Attachment Act of 1978 to give cable television companies the right to acquire space on the utility poles of power companies at rates established by a formula (the “Cable Rate” 1 ) promulgated by the Federal Communications Commission (“FCC” or “Commission”). See 47 U.S.C. § 224. Under the regulatory scheme, if the parties are unable to agree on the price, the cable company can…
2Cases cited29 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
- Burlington Truck Lines, Inc. v. United StatesSupreme Court of the United States · 1962
- Loretto v. Teleprompter Manhattan CATV Corp.Supreme Court of the United States · 1982
- United States v. MillerSupreme Court of the United States · 1943
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3Cited by2 opinions
- City of Memphis, A Municipal Corporation for the Use and Benefit of Memphis Light Gas and Water v. Tandy J. Gilliland Family, L.L.C.Court of Appeals of Tennessee · 2012
- Alabama Power Company v. Federal Communications Commission, United States of America, Alabama Cable Telecommunications Association, Comcast Cablevision of Dothan, Inc., American Electric Power Service Corporation, Intervenors. Gulf Power Company v. Federal Communications Commission, United States of America, American Electric Power Service Corporation, Commonwealth Edison Company, Duke Energy Corporation, Intervenors. Alabama Power Company and Gulf Power Company v. Federal Communications Commission and the United States, Alabama Cable Telecommunications Association, Comcast Cablevision of Dothan, Inc., and American Electric Power Service Corporation, Commonwealth Edison Company, IntervenorsCourt of Appeals for the Eleventh Circuit · 2002