Darci Deltoro


Both high-speed Internet access via commingled cables and wireless communications are complex and cutting edge topics in today’s world of ever changing information technology. This Note examines how these issues were addressed recently in Nat’l Cable & Telecomms. Ass’n, Inc. v. Gulf Power Co. (Gulf Power). Part II of this Note provides a review of the Pole Attachments Act, focusing particularly on using the purpose behind the Act to establish the minimum and maximum limitations of its coverage. Part III discusses the factual and procedural history of the Gulf Power case, first addressing the Court of Appeals for the Eleventh Circuit’s opinion, and then detailing the U.S. Supreme Court’s reasoning. Part IV analyzes the antitrust implications of the FCC’s competitive approach to regulating the telecommunications and information service technology industries. Additionally, Part IV analyzes the Supreme Court’s decision to uphold FCC regulation of pole attachments providing highly technical services that the commission itself cannot even define. Finally, Part V concludes the Note by arguing that in terms of policy considerations and practical applications, the Supreme Court’s ruling in Gulf Power was not only correct, but it may foreshadow the FCC’s taking a more hands-on approach to regulating the wild, wild west of the information superhighway.

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