UPDATE Score one for Crown Castle in its fight with an Illinois utility over pole attachment rates. The FCC on Monday denied a motion to dismiss the complaint from Commonwealth Edison Company (ComEd), the electric utility that owns or controls poles in the state.
Crown Castle told the Commission in June that ComEd denied it access to poles that the utility said needed to be replaced or reinforced. The case involves more than 900 poles. Crown Castle sought FCC intervention; it said ComEd raised the cost per pole, which was unlawful, and that ComEd also violated the Communications Act when it denied the company access to the poles, Inside Towers reported.
In the meantime, ComEd filed a motion to dismiss both cases, arguing that the Illinois Commerce Commission, not the FCC, had jurisdiction in the matter. In fact, ComEd said the ICC preempted the FCC jurisdiction in all pole attachment disputes. Continue Reading