The Supreme Court has declined to review a decision of the U.S. Court of Appeals for the Eighth Circuit (St. Louis) that upheld an FCC order that ensured cable and telecom companies pay equivalent pole attachment rates. The utility company petitioners in Ameren Corp. et al. v. FCC et al. (case 17-819) had argued that the FCC's 2015 order "defies Congress's intent to establish two different rates in § 224(d)(1) and § 224(e)." The Eighth Circuit disagreed, saying that the statute "permits, but does not require, the Cable Rate and the Telecom Rate to diverge."
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