FCC Asks 8th Circuit to Stay BDS Ruling Mandate, Cites Draft FNPRM on Transport Remand
The FCC asked a court to stay the mandate of its partial reversal of an order largely deregulating business data services of price-cap incumbent telcos. "A stay will avoid extensive and unnecessary disruption in the [BDS] market while the agency…
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addresses on remand the notice issue that this Court identified with respect to one portion of a complex and interconnected order," said an FCC motion (in Pacer) Wednesday to the 8th U.S. Circuit Court of Appeals in Citizens Telecommunications v. FCC, No. 17-2296. The court's Aug. 28 ruling denied petitions challenging the April 2017 order's price-cap relief for telco last-mile BDS offerings under a competitive market test, but ruled the FCC didn't provide adequate notice of national ex-ante price deregulation of legacy, TDM interoffice transport services (see 1808280050). The FCC noted a draft Further NPRM "proposing to institute a new TDM transport rule, identical to the rule at issue in this case" is tentatively scheduled for an Oct. 23 vote (see 1810020050). "Courts have stayed the mandate in situations like this one, where issuing the mandate and vacating the rule while the agency addresses a remand would cause undue disruption and expense," the motion said.