Inmate Family Group Seeks Full DC Circuit Review of Panel Ruling Against Key FCC Rules

fundamental Chevron principles and conflicts with decisions of the Supreme Court and this Circuit," said the inmate family advocates' petition (in Pacer) for rehearing en banc by the U.S. Court of Appeals for the District of Columbia Circuit in Global Tel*Link v. FCC, No. 15-1461. The panel "struck down FCC regulations designed to rein in monopoly-fueled overcharges for prison inmates’ telephone calls that often constitute the only contact between incarcerated individuals and their families," the petition said Friday. "The panel did so on the basis of its de novo interpretation of the governing statute, refusing, except on one issue, to defer to the FCC’s longstanding statutory interpretations in a notice-and-comment rulemaking. This was not because the interpretations were unreasonable, or because the Commission had rescinded its decision, but because the agency’s Deputy General Counsel represented in a letter to the Court that a majority of the Commission no longer supported all of the issues as briefed. ... Courts review decisions, not letters from counsel." The FCC didn't comment. "Given the history of stays in this proceedings, the FCC’s stance on the crucial issues, and the straight forward arguments presented, this seems a real long shot," NARUC General Counsel Brad Ramsay told us. The Wright Petitioners had said they planned to file the petition when they asked the D.C. Circuit to delay consideration of an industry challenge to a 2016 FCC reconsideration order that revised ICS rates (see 1707140044).