AT&T Challenges FCC Tariff Order Barring Certain Telco BDS Pricing Practices
AT&T filed a legal challenge to an FCC business data service (BDS) tariff order barring certain ILEC pricing practices that the agency said harm competition and slow the IP transition (see 1604280057 and 1605030001). In a petition for review filed…
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last week that was made available Tuesday, AT&T asked the U.S. Court of Appeals for the D.C. Circuit to vacate the order "on the grounds that it is arbitrary, capricious, and an abuse of discretion within the meaning of the Administrative Procedure Act, 5 U.S.C. § 701 et seq.; violates federal law, including, but not limited to, the Constitution, the Communications Act of 1934, as amended, and Commission regulation promulgated thereunder; and is otherwise contrary to law." The FCC had no comment. The order prohibited prospectively the "all-or-nothing" discount plans of AT&T, CenturyLink, Frontier Communications and Verizon, and sought further comment on how to treat existing plans. It also found AT&T, Frontier and Verizon were charging excessive shortfall penalties to customers with volume commitments, and AT&T and Frontier were charging excessive early termination fees to customers with term commitments. The telcos were given 60 days to change their tariffs. Frontier indicated it doesn’t plan to file an appeal at this time. CenturyLink and Verizon didn't comment.