The Regulatory MixThe Regulatory Mix, TMI’s daily blog of regulatory activities, is a snapshot of PUC, FCC, legislative, and occasionally court, issues that our regulatory monitoring team uncovers each day. Depending on their significance, some items may be the subject of a TMI Regulatory Bulletin.

TELECOM

FCC

Even though the FCC has already denied two petitions for stay of its Inmate Calling Service (ICS) Order, CenturyLink filed (The Regulatory Mix, November 22, 2013) its own Petition For Stay Pending Judicial Appeal on November 29, 2013.  CenturyLink asserts that the FCC’s Order imposes de facto rate-of-return regulation on ICS providers and notes that it faces “substantial opposition from correctional institutions and ICS providers alike.”  CenturyLink’s petition discusses two additional reasons why it believes the FCC’s Order is unlikely to survive judicial scrutiny.  CenturyLink asserts that the FCC did not provide “a reasoned justification for applying its new regulatory regime to existing ICS contracts, and for failing to grant ICS providers even the one year “fresh look” period proposed by the petitioners themselves.”  It also said that the FCC had misread judicial precedent and that, as a result, the courts are likely to set aside the FCC’s Order and find it arbitrary and capricious.  Read the petition here

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