D.C. Circuit Rejects Challenge to FCC Equipment Testing Rules
Groups challenging a 2023 update of the FCC's electronic equipment authorization and testing rules -- Public.Resource.Org, iFixit and Make Community (see 2403280002) -- lack standing to do so, according to the U.S. Court of Appeals for the D.C. Circuit. In…
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an order filed Thursday (docket 23-1311), a three-judge D.C. Circuit panel dismissed their petition for review, saying their standing isn't readily apparent, and they made no attempt to argue standing in their opening brief. The petitioners argued that the update, which adopted four privately developed standards, didn't include the standards themselves in the Federal Register notice but instead incorporated them by reference. As such, they argued the FCC should redo the rules update because the standards weren't readily and freely available to the public. Deciding were Judges Patricia Millett, Robert Wilkins and Florence Pan.