The FCC lawfully denied USTelecom’s “across-the-board forbearance request”...
The FCC lawfully denied USTelecom’s “across-the-board forbearance request” regarding the Uniform System of Accounts (USOA), the agency told the U.S. Court of Appeals for the D.C. Circuit in a brief filed Wednesday (http://bit.ly/1i2E6Cd). USTelecom unsuccessfully petitioned (CD Feb 17/12 p14)…
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
the agency to use its Communications Act Section 10 authority to forbear from applying the requirement that price cap carriers maintain the USOA as required by the law. The FCC asked the court to deny USTelecom’s petition for review, and not order the FCC to forbear. “The FCC reasonably determined that USTelecom failed to prove that its across-the-board USOA forbearance request satisfied the section 10 forbearance standard,” it wrote. “The central premise underlying the USOA forbearance request -- i.e., that price cap carriers’ rates are not based upon costs, and therefore Part 32 no longer is necessary to ensure that those carriers’ rates are just and reasonable -- is factually incorrect."