1st Circuit Rejects MDTC Effective Competition Order Challenge

The FCC's read of the Telecom Act LEC test is reasonable, and even if the Massachusetts Department of Telecommunications and Cable (MDTC) interpretation was also reasonable, the court must defer to the FCC, said a 1st U.S. Circuit Court of Appeals opinion Friday (docket 19-2282). It rejected MDTC's appeal of the agency's finding that vMVPD service AT&T TV Now is effective competition to cable TV, ending basic rate regulation in parts of the state (see 1912230063). The FCC finding that widespread internet availability means the need to buy broadband to access AT&T TV Now isn't an impediment was also reasonable, ruled Judges Sandra Lynch and Patti Saris and written by Saris. MDTC didn't comment. Judge Juan Torruella was on the panel handling the case, but didn't take part in the decision. Oral argument was in October (see 2010080052).