Sprint, Windstream Challenge BDS Order in DC Circuit
Sprint and Windstream asked a federal appeals court to review the FCC’s business data services order. The court should “reverse and hold unlawful, vacate, enjoin, annul, and set aside” the April order, the companies said in a protective petition May…
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8 in the D.C. Circuit U.S. Court of Appeals. Commissioners adopted a BDS order April 20 that will expand price deregulation for incumbent telcos, including by creating a competitive market test to determine the counties where additional legacy TDM-based special-access services can be deregulated, and counties where they would remain subject to price caps (see 1705010019). “Petitioners seek relief on grounds that the Report and Order is arbitrary, capricious, and an abuse of discretion; violates the notice-and-comment requirements of the Administrative Procedure Act; violates other federal laws including, but not limited to, the Communications Act of 1934 (as amended), the Commission’s regulations, and the Constitution; and is otherwise contrary to law,” Sprint and Windstream said. The FCC declined comment.