The question of whether the U.S. government legally electronically surveilled China Telecom is moot since the FCC revoked the company's domestic and international authorizations without using the classified fruits of that surveillance, the U.S. Court of Appeals for the D.C. Circuit ruled Tuesday (docket 21-5215). The appellate court said its denial of China Telecom's petition seeking review of the FCC order also shows the government petition -- which sought a ruling that the surveillance was lawful and that its findings were admissible in the FCC proceeding -- "no longer presents a live controversy." The D.C. Circuit vacated the order granting the government petition and remanded it back to the U.S. District Court with instructions to dismiss. Deciding for the D.C. Circuit were Judges Karen Henderson, Greg Katsas and Harry Edwards, with Henderson writing the decision. A China Telecom outside counsel didn't immediately comment.

Duke Energy asked the 4th Circuit U.S. Court of Appeals to review an FCC November order denying its petition for reconsideration regarding a pole attachment rate dispute with AT&T. Parts of the order "exceed or are inconsistent with the FCC’s jurisdiction and statutory authority" and are "an abuse of discretion," the North Carolina electric company said in a petition posted Monday in docket 22-2220 (see 2211170051). Duke asked the court to vacate parts of the order "to be designated in the time, form, and manner required by the court." The petition stems from a September 2021 Enforcement Bureau order partly granting AT&T's complaint that it was charged "unjust and unreasonable" pole attachment rates by Duke (see 2109210075). AT&T and the FCC didn't immediately comment.