FCC OPPOSES QWEST BID TO STOP SPECIAL ACCESS CONDITION IN AT&T-BELLSOUTH MERGER

摘要

Qwest抯 attempt to block part of the FCC order approving the AT&T-BellSouth merger doesn抰 belong in court yet, the FCC told the U.S. Appeals Court, D.C., in a filing late Fri. Qwest asked the court to issue a mandamus writ against a provision that barred other Bells from taking advantage of lower special access prices offered by AT&T unless they adopted similar price cuts for their own services. The FCC told the court that the merger condition required AT&T to file a tariff, which hasn抰 happened, so the court can抰 act on it. 揗andamus jurisdiction is... clearly unavailable to compel a suspension decision beforehand,?it said. The agency also argued that 搈andamus is appropriate only to direct performance of a 憁inisterial duty挃 and a decision to suspend a tariff 搃s just the opposite... an action that is committed to the agency抯 (unreviewable) discretion.?/font>