Court Tosses Phone Co.’s Challenge of FCC Protocol

     (CN) – A phone carrier lost its challenge of the Federal Communication Commission’s alleged practice of “backdating” the explanations for agency decisions. The 9th Circuit said Fones4All “is essentially trying to fight one more round in a bout that was lost in 2006.”

     The local phone carrier asked the court to review the FCC’s decision to stop requiring major phone companies, such as Verizon and AT&T, to provide unbundled services to local carriers.
     Fones4All said the FCC’s denial was untimely, because the agency announced the denial on “the last possible day” and then backdated the later explanation to the date it was announced.
     “We join the D.C. Circuit in holding that a challenge to the practice is not properly before us,” Judge Schroeder wrote, “because it was never raised before the FCC and, therefore administrative remedies were not exhausted.”

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