10th Circuit Questions FCC Deference, Inducements Versus Ultimatums, in Challenge to CAF Order

摘要

DENVER — Judges seemed generally receptive Nov. 19 tonFCC arguments that the agency acted reasonably when it implementednits landmark 2011 Connect America Fund order. The 10thnU.S. Circuit Court of Appeals panel spent several hours hearingnchallenges to the order, which rewrote the $4.5 billion USF and setnintercarrier compensation on a path toward bill-and-keep. Asnjudges told challengers that ambiguous terms in the Telecom Actnshould be resolved in favor of reasonable FCC interpretation, challengersnresponded either that the terms weren’t ambiguous or theninterpretation wasn’t reasonable.