Gulf Power Company v. FCC
Opinion
[PUBLISH]
IN THE UNITED STATES COURT OF APPEALS FILED
FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS ELEVENTH CIRCUIT
September 30, 2002
THOMAS K. KAHN
CLERK
No. 98-6222
FCC Docket No. 97-151-CS
GULF POWER COMPANY; ALABAMA POWER COMPANY, et al.,
Petitioners,
versus
FEDERAL COMMUNICATIONS COMMISSION and UNITED STATES,
Respondents.
No. 98-6414
FCC Docket No. 97-151-CS
COMMONWEALTH EDISON COMPANY, Petitioner,
versus
FEDERAL COMMUNICATIONS COMMISSION and UNITED STATES OF AMERICA, Respondents.
No. 98-6430
FCC Docket No. 97-151-CS
POTOMAC ELECTRIC POWER COMPANY, Petitioner,
versus
FEDERAL COMMUNICATIONS COMMISSION and UNITED STATES, Respondents.
No. 98-6431
FCC Docket No. 97-151-CS
TEXAS UTILITIES ELECTRIC COMPANY, Petitioner,
versus
FEDERAL COMMUNICATIONS COMMISSION and UNITED STATES, Respondents.
No. 98-6442
FCC Docket No. 97-151-CS
UNION ELECTRIC COMPANY, d.b.a. AMERENUE, Petitioner,
versus
FEDERAL COMMUNICATIONS COMMISSION and UNITED STATES,
Respondents.
No. 98-6458
FCC Docket No. 97-151-CS
AMERICAN ELECTRIC POWER SERVICES CORPORATION, Petitioner,
versus
FEDERAL COMMUNICATIONS COMMISSION and UNITED STATES,
Respondents.
No. 98-6476
FCC Docket No. 97-151
DUKE ENERGY CORPORATION, Petitioner,
versus
FEDERAL COMMUNICATIONS COMMISSION and UNITED STATES,
Respondents.
No. 98-6477
FCC Docket No. 97-151
VIRGINIA ELECTRIC and POWER COMPANY, Petitioner,
versus
FEDERAL COMMUNICATIONS COMMISSION and UNITED STATES,
Respondents.
No. 98-6478
FCC Docket No. 97-151
CAROLINA POWER & LIGHT COMPANY, Petitioner,
versus
FEDERAL COMMUNICATIONS COMMISSION and UNITED STATES,
Respondents.
No. 98-6485
FCC Docket No. 97-151
DUQUESNE LIGHT COMPANY, Petitioner,
versus
FEDERAL COMMUNICATIONS COMMISSION and UNITED STATES,
Respondents.
No. 98-6486
FCC Docket No. 97-151
DUQUESNE LIGHT COMPANY, Petitioner,
versus
FEDERAL COMMUNICATIONS COMMISSION and UNITED STATES,
Respondents.
No. 98-2589
FCC Docket No. 97-151
TAMPA ELECTRIC COMPANY, Petitioner,
versus
FEDERAL COMMUNICATIONS COMMISSION and UNITED STATES,
Respondents.
No. 98-4675
FCC Docket No. 98-20
FLORIDA POWER & LIGHT COMPANY, Petitioner,
versus
FEDERAL COMMUNICATIONS COMMISSION and UNITED STATES, Respondents.
Petitions for Review of Orders of the Federal Communications Commission
(September 30, 2002)
ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES Before TJOFLAT, CARNES and GARWOOD*, Circuit Judges. PER CURIAM:
In Gulf Power Co. v. FCC, 208 F.3d 1263 (11th Cir. 2000), we considered an attack on the FCC’s 1998 regulations, Report and Order, 13 F.C.C.R. 6777, 1998 WL 46987, promulgated pursuant to the 1996 amendments to the Pole Attachment Act, 47 U.S.C. § 244(f) (Supp. II 1996). We held that the facial
*Honorable Will L. Garwood, U.S. Circuit Judge for the Fifth Circuit, sitting by designation.
validity of the rent formula developed by the FCC was not ripe for review, but that the FCC lacked statutory authority to regulate the wireless carriers and the provision of the Internet service under the 1996 Act. Gulf Power, 208 F.3d at 1279. The Supreme Court reversed and remanded the latter determination. See National Cable & Telecommunications Association, Inc. v. Gulf Power Co., 534 U.S. 327, 122 S. Ct. 882, 151 L. Ed. 794 (2002). Accordingly, the FCC Order is reinstated.
SO ORDERED.
Free access — add to your briefcase to read the full text and ask questions with AI
Gulf Power Company v. FCC (Gulf Power Company v. FCC) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.