Pole Attachment Development (April 12, 2004)
Brand X Decision Stayed

Date: Apr 12, 2004

The U.S. Court of Appeals for the Ninth Circuit on Friday granted the cable industry's request for a stay of the court's April 1, 2004 Brand X decision, which held that the transmission component of cable broadband service is a telecommunications service.

The stay has been granted until June 30, 2004. If before that time an appeal (petition for certiorari) is filed with the Supreme Court, the stay will remain in effect until the Supreme Court either refuses to hear the appeal or makes a final ruling on the merits.

Since the cable industry very likely will request certiorari, utility pole owners likely must wait until the Supreme Court resolves this matter before charging higher pole attachment rates to cable/Internet providers.

If you have any questions or comments about the stay, please contact Tom Magee at 202-434-4128 or magee@khlaw.com.

For additional information regarding pole attachment issues, you may obtain a copy of Keller and Heckman LLP's Pole Attachment White Paper.