Consumer Groups Defend Standing to Challenge 2017 FCC Telco Deregulation Order
Consumer advocates challenging an FCC wireline streamlining order urged the 9th U.S. Circuit Court of Appeals to reject the attempt "to avoid" their substantive argument by disputing their legal standing (see 1812030047). "Plaintiffs may establish [constitutional] standing as consumers of…
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wireline services," replied (in Pacer) several groups Tuesday in Greenlining Institute v. FCC, No. 17-73283. "The harm is clear and the way in which the judicial decision remedies the harm is clear." The Greenlining Institute, Public Knowledge, The Utility Reform Network and National Association of State Utility Consumer Advocates said they're "adversely affected" by the November 2017 order that relaxed telco requirements to provide copper retirement notifications and gain telecom service discontinuance approvals (see 1711160032). They said the FCC, DOJ and intervenor USTelecom renewed arguments previously rejected by a motions panel (without prejudice): "Even if the Court decides to give the Commission the benefit of the doubt that it did not treat this proceeding as merely a box to check before issuing a predetermined conclusion, the manifold failings and errors of the Order on Review cannot be defended."