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Flat Wireless Rejected by DC Circuit in Challenge of Roaming Rates

The U.S. Court of Appeals for the D.C. Circuit dismissed a challenge of Verizon roaming rates by Flat Wireless. It "largely runs counter to Commission rules that deliberately eschew cost-based regulation of roaming rates,” wrote Judge Laurence Silberman Tuesday for…

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himself and colleagues David Tatel and Thomas Griffith. “Flat nonetheless asserts that its challenge is not to the rules themselves but to how the FCC applied the rules to Verizon’s proffered rates,” the D.C. Circuit said: “Either way, we reject Flat’s petition.” The company didn’t comment. Flat had argued that Verizon’s rates “are unreasonable because its costs of providing roaming allegedly are far lower than the rates it charges,” the court said in docket No. 18-1271: The FCC refused to consider Verizon’s costs “in accordance with its regulations and denied Flat’s complaint.”