CEI, Others Lack Standing to Challenge Charter/TWC/BHN Broadband Conditions, FCC Says
Neither Charter customers nor the Competitive Enterprise Institute has standing to challenge the broadband network overbuild conditions the FCC put on the company's buys of Time Warner Cable and Bright House Networks or the agency order rejecting CEI's petition for…
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reconsideration, the regulator said in a docket 18-1281 appellee brief Thursday with the U.S. Court of Appeals for the D.C. Circuit. The named individual customer appellants either didn't have higher monthly broadband bills or haven't shown their higher bills are due to the overbuild requirements, and they never took part in the agency proceeding, so denying their petition was well within its rules, the FCC said. CEI hasn't shown a link between its supporters and the outcome of this litigation and hasn't identified a member with a concrete injury, it said. Sam Kazman, general counsel for CEI -- which argued the FCC abused its discretion (see 1901150049) -- told us Friday the agency focus on standing wasn't unexpected and is indicative of wanting to avoid discussion of the merits about conditions "to infinity and beyond." He hopes the court "will see through that ruse."