Citing Core Communication’s lack of standing, a federal appeals c...
Citing Core Communication’s lack of standing, a federal appeals court dismissed the ISP’s appeal of an FCC order that denied it forbearance. Core sought forbearance so it could replace access charges with reciprocal compensation. “At no point -- much…
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less in the opening brief, as required for any element of standing that is not self-evident -- does Core show how its position … would be improved by grant of its petition for forbearance from regulation under [Section 251(g) rate regulation],” said the Court of Appeals for the District of Columbia Circuit in a Friday ruling. The decision is no surprise. In Oct. 7 oral arguments, judges never asked Core’s attorney about the appeal’s substance (CD Oct 8 p1). Core “failed to make clear how the requirements it mentions … cause any harm,” the D.C. Circuit said. Core didn’t “reveal what services it offered or planned to offer that are or would be affected by these statutory provisions,” nor did Core indicate how serious it was about entering new markets with the services, the court said. Core is reviewing the decision, it said. An FCC spokesman declined to comment.