FCC, DOJ Say ICS Case Should Be Frozen, Consolidated With Challenges to New Order

challenged and stayed by the U.S. Court of Appeals for the D.C. Circuit in the current litigation, which also addresses other issues (Global Tel*Link, et al., v. FCC, No. 15-1461 and consolidated cases). The FCC/DOJ said the court shouldn't bifurcate the litigation. "Given the Commission’s adoption of a new order that materially alters the order under review, this Court should grant the respondents’ motion to hold these cases in abeyance," they said in a response (in Pacer) Thursday to oppositions to their motion. "It does not make sense to litigate these cases independent of the challenges that several of the petitioners have already announced they will file to the Reconsideration Order. The Court should therefore place these consolidated cases in abeyance until ... challenges to the Reconsideration Order have been filed and consolidated with these cases. The Court could direct the parties, in the meantime, to confer and file a revised briefing schedule designed to minimize any delay in resolving these cases." Litigant Global Tel*Link said Thursday it would also challenge the new "piecemeal" FCC order. The ICS provider believes the order set rate caps below costs and exceeded the agency's jurisdiction through preemption of state and local decision making. "It is time for the FCC to stop changing the rules, to allow the courts to resolve these fundamental issues and end the uncertainty," said GTL President Brian Oliver in a release. The FCC/DOJ position was no surprise, emailed Brad Ramsay, general counsel of NARUC, a state litigant. "It will be interesting to see how the Court considers the agency’s arguments for more delay given the FCC refused to give affected parties in the appeal similar courtesy -- specifically rejecting arguments to delay the subject Order’s effectiveness until the time to file appeals has lapsed," he said.