Editor's Note :

Editor's Note :

The court will issue orders from its January 13 conference on Tuesday, January 17, at 9:30 a.m. There is a possibility of opinions on Wednesday, January 18, at 10:00 a.m.
On Tuesday the court hears oral argument in Lynch v. Dimaya. Kevin Johnson has our preview.
On Tuesday the court also hears oral argument in Midland Funding, LLC v. Johnson. Ronald Mann has our preview.

American Electric Power Service Corporation v. Federal Communications Commission

Petition for certiorari denied on October 7, 2013
Docket No. Op. Below Argument Opinion Vote Author Term
12-1396 D.C. Cir. N/A N/A N/A N/A OT 2013

Issue: (1) Whether Congress, by expressly excluding incumbent local exchange carriers (ILECs) from the Pole Attachments Act’s definition of “telecommunications carrier,” intended to exclude attachments by ILECs to the poles of other utilities from the protections of the Act; and (2) whether the FCC provided a reasoned justification for re-interpreting the Pole Attachments Act to extend its protections to attachments by ILECs to the poles of other utilities.

DateProceedings and Orders
May 24 2013Petition for a writ of certiorari filed. (Response due June 28, 2013)
Jun 21 2013Order extending time to file response to petition to and including July 29, 2013.
Jun 28 2013Brief amici curiae of DTE Electric Company, et al. filed.
Jun 28 2013Brief amicus curiae of Edison Electric Institute filed.
Jul 29 2013Brief of Federal Respondents in opposition filed.
Aug 9 2013Reply of petitioners American Electric Power Service Corporation, et al. filed.
Aug 14 2013DISTRIBUTED for Conference of September 30, 2013.
Oct 7 2013Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.
Term Snapshot