FCC Asks DC Circuit to Hold Tech Transition Case in Abeyance, Pending 9th Circuit Review
The FCC asked a court to keep a procedural hold on a tech transition case involving the prior commission's regulation of copper retirement and telecom service discontinuances under Communications Act Section 214. The agency said its recent wireline infrastructure order…
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reversed key decisions being challenged by telcos in the U.S. Court of Appeals for the D.C. Circuit in USTelecom v. FCC., No. 15-1414, but noted the new order is being challenged in the 9th Circuit (see 1712080057). The FCC believes "it would be prudent for the Court to continue to hold this case in abeyance until any legal challenges to the Infrastructure Order are resolved," said a commission status report (in Pacer) Friday to the D.C. Circuit. "If a court were to vacate the Infrastructure Order, such a ruling could have the effect of reinstating the FCC’s prior interpretations of section 214. Given that possibility, it would be appropriate for the Court to preserve petitioner’s ability to challenge the Commission’s previous interpretations of section 214 by continuing to hold this case in abeyance pending the disposition of any petitions for review of the Infrastructure Order." The agency said USTelecom agreed with the request.