Pole Attachment Development (May 20, 2003)
Canadian Pole Attachments

Date: May 20, 2003

Considering recent judicial defeats in the United States, you may enjoy learning about Friday's ruling of the Canadian Supreme Court, which held that the FCC's counterpart in Canada cannot force electric utilities to open up their distribution systems to attachments by cable companies.

In Canadian Cable TV Ass'n. v. Barrie Public Utilities, the court found that the Canadian Radio-TV & Telecom Commission ("CRTC") lacked authority to regulate the rates and conditions of pole attachment access by cable companies. The ruling was applauded by Canadian utilities, who had complained, like their American counterparts, that the CRTC was forcing utility rate payers to subsidize cable television service with less than fair attachment rates.

If you would like to discuss this ruling, please contact Thomas Magee at 202-434-4128 or by e-mail at magee@khlaw.com.