On July 8, 2008, a clearly annoyed U.S. Court of Appeals for the D.C. Circuit ordered the Federal Communications Commission (FCC) to provide a valid legal justification for its interim rules governing intercarrier compensation for telecommunications traffic bound for internet service providers (ISPs) by November 5, 2008, or suffer vacatur of its ISP Remand Order.
In re Core Communications, Inc., No. 07-1446, 2008 WL 2649636, at *1, *11 (D.C. Cir. July 8, 2008). As discussed in more depth in a recent
client update, the D.C. Circuit rebuked the FCC for its failure to issue a statement of its legal justifications for its interim ISP-bound compensation rules in the six years since the Court struck down the FCC’s
ISP Remand Order in
WorldCom, Inc. v. FCC, 288 F.3d 429 (D.C. Cir. 2002).
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