Cahill: Missouri Federal Court Relies on FCC’s Primary Jurisdiction to Stay Power Company Action Seeking to Require Cable Company to Pay Telecommunications Services Pole Attachment Fees for Provision of VoIP Services | Practical Law

Cahill: Missouri Federal Court Relies on FCC’s Primary Jurisdiction to Stay Power Company Action Seeking to Require Cable Company to Pay Telecommunications Services Pole Attachment Fees for Provision of VoIP Services | Practical Law

This Cahill Gordon & Reindel LLP discusses the United States District Court for the Eastern District of Missouri's recent decision to grant a motion by Cable One, Inc. to stay Ameren Missouri's complaint seeking to impose the pole attachment rate for telecommunications services on Cable One's Voice over Internet Protocol (VoIP) service. The court granted Cable One's motion relying on the Federal Communication Commission's (FCC's) primary jurisdiction. In essence, the court held that Ameren's complaint should be stayed pending the FCC's resolution of whether VoIP network equipment attached to utility poles should be classified as telecommunications attachments or cable television attachments.

Cahill: Missouri Federal Court Relies on FCC’s Primary Jurisdiction to Stay Power Company Action Seeking to Require Cable Company to Pay Telecommunications Services Pole Attachment Fees for Provision of VoIP Services

by Cahill Gordon & Reindel LLP
Published on 28 Sep 2011 • Missouri, United States
This Cahill Gordon & Reindel LLP discusses the United States District Court for the Eastern District of Missouri's recent decision to grant a motion by Cable One, Inc. to stay Ameren Missouri's complaint seeking to impose the pole attachment rate for telecommunications services on Cable One's Voice over Internet Protocol (VoIP) service. The court granted Cable One's motion relying on the Federal Communication Commission's (FCC's) primary jurisdiction. In essence, the court held that Ameren's complaint should be stayed pending the FCC's resolution of whether VoIP network equipment attached to utility poles should be classified as telecommunications attachments or cable television attachments.