The FCC's May 20, 2010 Order and Further Notice of Proposed Rulemaking on pole attachments does not apply to municipally owned utilities. Municipally owned utilities remain exempt from section 224 FCC regulation. "[T]he Commission does not have authority to regulate (and the proposed rules, thus, do not apply to) small utilities that are municipally or cooperatively owned." In the Matter of Implementation of Section 224 of the Act: A National Broadband Plan for Our Future, WC 07-245/GN 09-51, FCC 10-84, para. 46 at 93 (FCC May 20, 2010), available at http://www.fcc.gov/Daily_Releases/Daily_Business/2010/db0520/FCC-10-84A1.pdf
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Our Client Alerts are intended to provide occasional general comments on new developments in Federal and State law and regulations which we believe might be of interest to our clients. The Client Alerts should not be considered opinions of Ahlers & Cooney, P.C., and are not intended to provide legal advice as a substitute for seeking professional counsel. Readers should not under any circumstance act upon the information in this publication without seeking specific professional counsel. Ahlers & Cooney will be pleased to provide additional details regarding any article upon request. Additional copies of this Client Alert may be obtained by contacting any attorney in the Firm or by visiting the Firm's website at www.ahlerslaw.com.
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