WASHINGTON-The Federal Communications Commission and the Personal Communications Industry Association filed petitions at the U.S. Supreme Court late last week to vacate the stay imposed by the U.S. Court of Appeals for the Eighth Circuit Oct. 15.
Specifically, the FCC’s petition, filed by the U.S. Solicitor General on behalf of the agency, said the circuit court’s ruling “is inconsistent with the language and purpose of the 1996 [Telecommunications] Act” and Congress had directed the FCC to “establish regulations to implement requirements,” including the rates incumbents may charge new entrants to the local loop.
The commission also stated the stay endangered the beginnings of local competition, and if states enact historical rather than forward-looking cost approaches, “the introduction of competition into local markets would be delayed or frustrated.”
Regarding PCIA’s Supreme Court petition, the association’s President Jay Kitchen said, “The Eight Circuit decision crushes the opportunities for good-faith negotiations. In its wake, there have already been cases where local exchange carriers have withdrawn the LEC-commercial mobile radio service interconnection proposals. These same abusive practices … are now being condoned in this stay, and that is unconscionable.”
PCIA also filed comments at the Eighth Circuit in support of AirTouch Communications Inc.’s emergency motion for a modified stay filed earlier at the court last week. (Story on Page 3).
