Frontier Asserts Standing to Sue WV PSC in One-Touch, Make-Ready Case
Frontier justified suing the West Virginia Public Service Commission over a state law requiring one-touch, make-ready on utility poles. Earlier this month, the PSC urged the U.S. District Court in Charleston, West Virginia, to dismiss the Frontier challenge because it…
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said the carrier failed to state a valid claim against the commission. The challenged law doesn’t require the PSC to enforce it, nor has the PSC taken or threatened enforcement actions, the state commission said in an Aug. 7 motion and memo (both in Pacer). Frontier replied (in Pacer) Monday that its challenge is “justiciable, ripe, and fully exempt from sovereign immunity protection.” Frontier may sue the PSC because the state agency regulates pole attachments, the carrier said. Supporters and opponents of one-touch policies disagree how a recent court decision on a similar lawsuit in Kentucky might affect the West Virginia case (see 1708210045).