9th Circuit Upholds FCC in Tariff Revisions Fight With Wide Voice

The FCC rejection of Wide Voice's petition for reconsideration of its June 9 order granting AT&T and Verizon's complaint about access stimulation rule violations (see 2109280065) "was not arbitrary and capricious, nor unlawful under the Administrative Procedure Act," the 9th U.S. Circuit Court of Appeals ruled Thursday in docket 21-71375. In the decision by Judges Richard Paez, Bridget Bade and Raner Collins and penned by Paez, the court said the FCC finding was "reasonable and lawful." WV argued the FCC needed to establish new rules barring the evasion of existing rules to find a Communications Act violation, but that "belie[s] common sense," the court said. WV outside counsel didn't comment.