Court Assigns Appeal Of FCC's TRO To D.C. Circuit Court

Communications Today, Oct 1, 2003

In what could be viewed as a preliminary victory for the Regional Bell Operating Companies (RBOCs) and the United States Telecom Association (USTA), the 8th Circuit Court of Appeals in St. Louis on Tuesday assigned an appeal of the Federal Communications Commission's new phone competition rules to the U.S. Court of Appeal in Washington, D.C. The action means that the RBOCs and USTA will have their appeal heard by a court that has a history of overturning prior FCC rulings.

"We find that the FCC's order on Remand was entered, in part, on remand from the D.C. Circuit," the 8th Circuit said. "It is therefore appropriate for the D.C. Circuit to hear the petitions for review."

This past week, the FCC asked the D.C. Circuit Court to deny or transfer appeals by the two groups of its new phone competition rules to the 8th Circuit Court. The FCC also asked then that if the court refuses to transfer or deny the parties' writ of mandamus, that the commission be given at least two weeks from the date of the order declining its request to respond to the petitions. The RBOCs and USTA have asked the D.C. court to vacate the UNE-P, high-capacity loop and transport sections of its Triennial Review Order on the basis that the sections are unlawful.

USTA President and CEO Walter McCormick said on Tuesday that the D.C. Circuit Court is the right venue to hear the appeal of the FCC's TRO because of its "vast experience and current involvement" in dealing with such complex issues.

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