Monday, December 10, 2007

USA - Court of Appeals - broadband regulation

United States Court of Appeals for District of Columbia

Argued October 15, 2007 Decided December 7, 2007

No. 06-1111 Consolidated with 06-1113, 06-1115, 06-1167, 06-1200

Sprint Nextel Corp., petitioner
Federal Communications Commission and United States of America, respondents

Qwest Corporation, et al., intervenors


The court held that the tied vote (2:2) and the expiration of the period permitted by the Telecommunications Act, were not reviewable acts. The request by Verizon for regulatory forbearance was thus granted and valid. The effect of 47 U.S.C. § 160(c) was that no judicial review was available.

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