BDS Challenges Filed in 3 Circuits, Triggering Multidistrict Panel Notice, FCC Says
Three challenges to FCC business data services rules were filed in three different circuits, the commission told the U.S. Court of Appeals for the D.C. Circuit in a letter (in Pacer) Thursday. An attached "notice of multicircuit petitions for review…
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has been filed with the Judicial Panel on Multidistrict Litigation of Multicircuit Petitions for Review," said the letter, which listed the cases: Ad Hoc Telecom Users Comm. v. FCC, No. 17-1153 in the D.C. Circuit, CenturyLink v. FCC, No. 17-60439 in the 5th Circuit and Citizens Telecomms Co. of Minn. v. FCC, 17-2296 in the 8th Circuit. A brief D.C. Circuit order (in Pacer) Thursday consolidated an earlier Sprint and Windstream challenge to the BDS rules with the Ad Hoc challenge. The FCC asked the D.C. Circuit Tuesday to remand an AT&T challenge to a 2016 BDS tariff investigation order for further agency consideration (see 1706140012).