Appeals Court Won’t Overturn Verizon Relief

A federal appeals court on Friday said it won’t consider overturning Verizon Communications Inc.’s “deemed granted” broadband relief because there was no FCC data to review.

Qwest Communications International Inc. and Sprint Nextel Corp. last year asked the court to reverse the relief Verizon got when FCC commissioners deadlocked over a forbearance petition. The March 2006 deadline passed without a vote and Verizon got the deregulation it sought on the prices it could charge companies and competitors to use its broadband network.

The appeals court said because there was no FCC order on the “deemed granted” relief, it couldn’t take action.

That doesn’t mean the FCC might not take action of its own. Chairman Kevin Martin is said to be circulating an order that would pare back Verizon’s relief to streamline it with the regulations by which its rivals must abide.

Qwest Communications International Inc. www.qwest.com
Sprint Nextel Corp. www.sprint.com
Verizon Communications Inc. www.verizon.com

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