FCC Seeks DC Circuit Remand of BDS Tariff Investigation Case Brought by AT&T
The FCC asked a court to remand a business data service investigation case in which AT&T is challenging a 2016 order that found certain incumbent telco BDS tariff provisions were unlawful (see 1604280057). In its statement of issues to the…
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U.S. Court of Appeals for the D.C. Circuit, AT&T had said the order is contrary to the court's 2006 BellSouth v. FCC ruling that vacated a previous commission tariff order. "The Order on review did not address BellSouth," said an FCC motion for voluntary remand Tuesday in AT&T v. FCC, No. 16-1166. "Because that case, like the Order on review, addresses the lawfulness of BDS tariff terms, the Commission believes that it would be appropriate to consider the extent to which the reasoning in the Order is compatible with the BellSouth decision." The FCC said DOJ and intervenor CenturyLink consent to its motion; intervenors Sprint and Incompas are studying it; intervenor Ad Hoc Telecommunications Committee doesn't consent; and the agency discussed the motion with a counsel to intervenor Level 3 but the company didn't respond. Sprint, Incompas, Ad Hoc and Level 3 didn't comment Wednesday.