8th Circuit Remands Part of BDS Order to FCC

A three-judge panel of the 8th U.S. Circuit Court of Appeals vacated one part of the FCC’s decision easing regulation of the business data service rates of major incumbent telcos. The St. Paul, Minnesota-based panel heard the case in May and asked few questions then (our report here). The court’s sole quibble was on TDM transport.

“We grant the petitions of the CLEC Petitioners on the notice issue, in part, vacating solely the portions of the final rule affecting TDM transport services and remanding them to the FCC for further proceedings,” the 8th Circuit ruled Tuesday. “We otherwise deny the petitions of the CLEC Petitioners on the remainder of the notice issue.” The court denied the petitions of ILECs and CLECs “in all other respects.”

Judges Bobby Shepherd, Michael Melloy and Steven Grasz heard the case.

Various litigants didn't comment right away on the ruling.