9th Circuit Nixes FCC Bid to Rebut AT&T Argument on Common-Carrier Structural Separation
The 9th U.S. Circuit Court of Appeals rejected an FCC request to "correct" the record in litigation over an AT&T challenge to FTC authority to regulate some services of common carriers. An en banc panel of the court Tuesday denied…
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without comment an FCC post-argument motion to submit a letter disputing AT&T assertions at oral argument that the FCC could impose structural separation on common carriers to facilitate FTC regulatory authority over their noncommon-carrier services (see 1710230057). The en banc panel heard argument Sept. 19 on an appeal of a three-judge panel reversal of a lower court ruling that denied AT&T's motion to dismiss a 2014 data-throttling lawsuit in FTC v. AT&T Mobility, No. 15-16585 (see 1709180061 and 1709190025). The FCC and AT&T didn't comment.