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Broadband Deployment Law Advisor Insight and Commentary on the Deployment of Communications Infrastructure

Kentucky PSC Sets Preliminary Procedural Schedule for TVA Pole Rate Preemption Case

Posted in Pole Attachments, State Activities

Today, the Kentucky Public Service Commisson  (“PSC”) issued an Order setting the procedural schedule for discovery in this rehearing case involving the Kentucky Cable Telecommunications Association’s petition for declaratory ruling regarding the PSC’s authority to regulate the pole attachment rates of Tennessee Valley Authority (“TVA”) electric cooperatives. As we previously reported, on August 6, 2013, the PSC decided to rehear its June 28, 2013 decision, which concluded that the TVA Act preempted the PSC from regulating the pole attachment rates of TVA electric cooperatives in Kentucky.  In deciding to rehear the case, the PSC stated that its June 28 decision was “not supported by substantial evidence.”

 The following deadlines were established:

  • Requests for intervention:  October 17, 2013
  • Initial data requests:  October 24, 2013
  • Responses:  November 14, 2013
  • Supplemental Information Requests:  December 2, 2013
  • Responses to Supplemental Requests:  December 23, 2013
  • Notices of Deposition:  January 15, 2014