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
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