8th Circuit to Hear May 15 Oral Argument Over FCC's 2017 Deregulatory BDS Order
Oral argument on FCC business data service litigation is set for May 15 in St. Paul, Minnesota, according to an 8th U.S. Circuit Court of Appeals calendar. Judges Bobby Shepherd, Michael Melloy and Steven Grasz will review a 2017 BDS…
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order in Citizens Telecommunications v. FCC, No. 17-2296, and consolidated cases (see 1704200020 and 1705010019). Incompas, Sprint and others argue the FCC didn't justify broad deregulation of incumbent telco BDS price caps, but Citizens and CenturyLink argue the 8th Circuit should vacate a 2 percent "X-factor" legacy rate cut because the FCC overstated productivity efficiency gains (see 1709280035 and 1710050021). The FCC and DOJ defended the order as "reasonable" in largely undoing the "imprecise and costly-to-administer price caps" (see 1711280015).