On December 13, 2012 the Texas Public Utilities Commission (PUC) ruled that the City of San Antonio’s electric company had discriminated against Time Warner Cable and in favor of AT&T. The PUC found that the discrimination occurred with respect to the rates (that were four to five times as high), terms and conditions for access to the utility’s poles (including faster and cheaper access requirements for AT&T), and infrastructure critical to the provision of electronic communications services. In ruling against CPS Energy, the largest municipally owned electric utility in the United States, the PUC also provided significant guidance concerning the development and application of uniform, non-discriminatory rates and terms for use of this critical infrastructure. Hogan Lovells partner and Communications practice co-lead Dave Thomas led a litigation team of lawyers to secure the win, including Paul Werner, Dom Perella, Aaron George, AJ Burton and others.
The decision can be found here: http://interchange.puc.state.tx.us/WebApp/Interchange/Documents/36633_896_744866.PDF