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9th Circuit Denies Petitioners in 'Greenlining v. FCC,' Cites Standing

Petitioners didn't demonstrate "certain, impending harm" to show standing in Greenlining v. FCC, said a decision (in Pacer) memo by the 9th U.S. Circuit Court of Appeals Thursday. Judges probed standing during oral argument (see 1908270026) and allowed petitioners to…

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make a new attempt at proving independent standing (see 1909060038). The case involved potential consumer harms in the move from plain-old-telephone service to VoIP and addressed an FCC move striking down the functional test standard in service discontinuances (see 1908230003). "We are deeply disappointed with the Court's decision," wrote Harold Feld, senior vice president at Public Knowledge, one of the joint petitioners. "As the California wildfires demonstrated, the deregulation of our telephone network can have devastating consequences. We will confer with our co-petitioners and consider what other avenues to pursue to ensure that all Americans have affordable, reliable access to critical communications infrastructure." Chairman Ajit Pai is "pleased that the Ninth Circuit has rejected this challenge to the FCC’s efforts to expedite the transition from the networks of yesterday to the networks of tomorrow." Co-petitioner The Utility Reform Network is "very disappointed that the court dismissed the case based on standing," said Telecom Director Regina Costa. Telecom deregulation overall has made service less reliable, she added. She expects TURN to discuss with fellow petitioners next steps, including possible actions in states and Congress. NASUCA is "disappointed with the decision," emailed Executive Director David Springe. USTelecom backed the FCC and didn't comment now. Hearing August argument in Seattle were Margaret McKeown, Jay Bybee and Fernando Gaitan. The order wasn't signed by a single judge to indicate who wrote it.