FCC Seeks Court Holds on Telco Challenges to Various Orders; 1 Abeyance Granted
The FCC asked a court to hold off its reviews of two more commission cases: one involving USTelecom challenges to a 2015 technology transitions and 2014 backup power declaratory ruling, and another involving AT&T and CenturyLink challenges to 2014 and…
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2015 orders granting ILECs only partial forbearance from telecom regulations that left them subject to unsubsidized USF voice obligations. Holding the cases in abeyance will allow the FCC's new leadership to decide how to proceed regarding the issues in the cases, said two agency motions (here and here, in Pacer) Monday to the U.S. Court of Appeals for D.C. Circuit. The court granted the second abeyance motion Tuesday in a brief order (in Pacer) in AT&T v. FCC, No. 15-1038, which directed the FCC to file a status report by April 10 and every 60 days thereafter. Then-Commissioner and now-Chairman Ajit Pai and fellow Republican Commissioner Mike O'Rielly dissented from the tech transitions and backup power orders, while Pai partially dissented from both ILEC forbearance orders, with O'Rielly concurring on the 2014 order and partially dissenting from the 2015 order, the motions said. In the first case (see 1511160063), the FCC said USTelecom doesn't oppose the motion and joint intervenors "have almost all advised the Commission that they take no position on this motion" (not including the Pennsylvania Public Utility Commission and XO Communications). In the second (see 1607120073), the FCC said AT&T, CenturyLink and intervenor USTelecom consented to the motion.