Beyond Broadband Access by Taylor Richard D.;Schejter Amit M.;

Author:Taylor, Richard D.;Schejter, Amit M.;
Language: eng
Format: epub
Tags: -
Publisher: Fordham University Press
Published: 2013-08-15T00:00:00+00:00

Similarly the FCC may lose judicial support when it refuses to act in a manner supported by evidence submitted by interested parties and instead bases its decision on countervailing evidence for which it has made no explicit empirical findings. In Qwest Corp. v. FCC,65 the Tenth Circuit Court of Appeals remanded to the FCC a decision to offer universal service subsidies to telephone companies serving rural or urban areas using a single benchmark for identifying areas where costs of service exceeded a national average by at least 135 percent. Because various parties in the proceeding submitted information showing differences in rural and urban costs, which the FCC appeared not to consider, the court concluded that the “FCC has not provided an adequate basis for us to review the rationality of [its benchmarking decision]. It has not explained or supported its decisions adequately and therefore has acted arbitrarily and not in accordance with [applicable law.]”66

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