The cable industry is trying to convince the U.S. Court of Appeals for the 11th Circuit that they should be protected from unregulated pole rates when offering Internet access. Should the court allow unregulated pole rates to take effect, the NCTA will head directly for the Supreme Court for respite.

NCTA spokesperson David Beckwith said in a statement they expect the 11th Circuit to issue a stay.

The new pole rates have not taken effect, but they will within a week if the 11th Circuit declines to issue a stay. The NCTA can use the seven days to seek a stay from Justice Anthony Kennedy, who supervises the 11th Circuit.