DC Circuit Denies Inteliquent 8YY Order Challenge

Inteliquent's challenge to the FCC's 8YY access reform order "rests upon weak data and an outdated approach to price regulation," wrote U.S. Court of Appeals for District of Columbia Circuit Judge Douglas Ginsburg in an order Friday denying its petition in case 20-1471 (see 2111010049). Ginsburg said Inteliquent failed to show the rate cap was "below cost for itself or for any other provider," noting that USTeleccom's suggested cap was "reasonable and would not set prices below providers’ costs." The "decision to uphold the FCC’s order on 8YY access charges is a big win in support of the commission’s continued efforts to rationally reform the intercarrier compensation system and eliminate wasteful arbitrage schemes," said USTelecom Senior Vice President-Policy and Advocacy Patrick Halley. An attorney for Inteliquent declined to comment.