Irregulators Lack Standing, DC Circuit Says in Dismissal; States May Assert Jurisdiction
The U.S. Court of Appeals for the D.C. Circuit dismissed Irregulators v. FCC, case no. 19-1085 (in Pacer), Friday for lack of standing (see 1909130005). It dealt with an FCC order that extended a freeze on rules allocating most telecom…
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costs to intrastate rather than interstate services. The D.C. Circuit also ordered the clerk to withhold the mandate "until seven days after disposition of any timely petition for rehearing or rehearing en banc." Scott McCollough, attorney for the petitioner, doesn't anticipate a rehearing, he told us. "We are declaring victory," he said, quoting the court order that states have jurisdiction to "assert their jurisdiction" in cost assignment rules. "We had one goal in mind because we realize the FCC is a lost cause when it comes to getting reasonable rates, especially for price cap carriers," McCollough said. He said "states can now go in and do the kind of cost accounting necessary." At a hearing in January, McCollough said the Irregulators were prepared to lose the case on its merits as long as the FCC spelled out that they are free to determine their own interstate price formulas (see 2001170022). "We are pleased with the D.C. Circuit's decision not to disturb the jurisdictional separations freeze," an FCC spokesperson emailed. The three judges signed onto the ruling, including Senior Circuit Judge Stephen Williams writing the opinion, and Circuit Judges Judith Rogers and Gregory Katsas.