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Flat Wireless Seeks Rehearing of DC Circuit Roaming Decision

Flat Wireless sought rehearing Friday in the U.S. Court of Appeals for the District of Columbia Circuit, after the court in December dismissed its challenge of Verizon roaming rates (see 1912100069). The challenge "largely runs counter to Commission rules that…

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deliberately eschew cost-based regulation of roaming rates,” wrote Judge Laurence Silberman for himself and Judges David Tatel and Thomas Griffith. “The Panel’s ruling was not only erroneous but also meets the Court’s more stringent rehearing criteria that: (1) the ruling conflicts with several bedrock rate regulation precedents of this Court; and (2) concerns a matter of exceptional importance,” Flat Wireless said now, in docket 18-1271 (in Pacer). The FCC refuses “to confront the fact that roaming rates -- the pricing agreements which allows millions of subscribers to hundreds of small or regional wireless carriers to make and receive phone calls when they are outside the home territories of their wireless companies -- are excessive,” the company said. The FCC didn't comment.