United States Ninth Circuit

Petition for review of the FCC's denial of a petition for forbearance from the application of an FCC regulation, which removed any requirement that incumbent local exchange carriers (ILECs) provide unbundled services to competitive local exchange carriers (CLECs) (like petitioner), is denied over claims of error regarding whether: 1) the petition for forbearance should have been "deemed granted" as a matter of law since the FCC's use of a "backdating"" procedure was improper, and thus it did not act within the applicable statutory time limits; and 2) the FCC's order was an unreasonable application of the statutory requirements of Section 10 of the Telecommunications Act, and the application should have been granted.

Appellate Information

• Decided 12/16/2008
• Published 12/16/2008

Judges

• SCHROEDER, Circuit Judge:, Before:  MARY M. SCHROEDER and JOHNNIE B. RAWLINSON, Circuit Judges, and BRIAN E. SANDOVAL, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Michael B. Hazzard, Washington, DC, for petitioner Fones4All Corporation., Scott H. Angstreich, Washington, DC, for the intervenors.


• For Appellees:
  
• James M. Carr, Washington, DC, for respondents Federal Communications Commission, et al.