Panel Assigns Appeal Of FCC's TRO To 8th Circuit Court

Communications Today, Sept 17, 2003

A judicial panel on Tuesday assigned an appeal by the Regional Bell Operating Companies (RBOCs) and the United States Telecom Association (USTA) of the Federal Communications Commission's new phone competition rules to the 8th Circuit Court of Appeals in St. Louis. The panel's decision means that the RBOCs and USTA will have to wait a little while longer to see if the appeal will reach their preferred destination, the U.S. Court of Appeal in Washington, D.C., which has a history of overturning prior FCC rulings. This past week, the two groups asked the D.C. Circuit Court to delay implementation of the FCC rules, contending that the regulations are are unlawful and specifically point to the order's switching, transport, high- capacity loop and dark fiber unbundling requirements. USTA

USTA President and CEO Walter McCormick said the D.C. Circuit Court venue is "the proper circuit court to hear the appeal" because of its vast experience and involvement in "extremely important and complex issues" such as this one. "The appeal should be expeditiously transferred to the D.C. Circuit," McCormick said.

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