The 9th U.S. Circuit Court of Appeals directed...
The 9th U.S. Circuit Court of Appeals directed the FCC to reconsider a 2005 order prohibiting all LECs from relying on non-access traffic tariffs. In an unpublished opinion last week (http://1.usa.gov/1fePcD1), Judges Alfred Goodwin, Stephen Reinhardt and Marsha Berzon said…
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the FCC “did not discuss or analyze the effects of eliminating these tariffs among rural local exchange carriers.” A court can’t substitute its own judgment for that of an agency, but the agency must still examine the relevant data and articulate a satisfactory explanation for its action, the court said. “Because the Order does not disclose that the FCC examined the effects of eliminating non-access traffic tariffs for rural local telephone companies and the FCC did not explain its order, we remand for further consideration."