DC Circuit Rejects NTCH Roaming Challenges on Procedural Grounds
The U.S. Court of Appeals for the D.C. Circuit rejected on procedural grounds a 2013 NTCH challenge to an Enforcement Bureau rejecting the carrier’s roaming complaints against Verizon. The complaint alleged Verizon violated the FCC’s voice roaming orders and data…
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roaming order “by offering roaming rates that were unjust and unreasonable, unreasonably discriminatory, and commercially unreasonable.” The bureau rejected the complaint in 2016. NTCH sought judicial review without seeking review from commissioners, the D.C. Circuit noted. The bureau order “is not an order of the Commission,” said the ruling. “Without a final order from the Commission, we have no jurisdiction to address NTCH’s petition for review. Because NTCH failed to seek Commission review before petitioning for review in this court, we are constrained to dismiss the petition for lack of jurisdiction.” NTCH didn’t comment. Judge Harry Edwards wrote the opinion, joined by Judith Rogers and David Tatel.