9th Circuit Rejects Wide Voice Petition of FCC Access Arbitrage Finding

The FCC's finding that Wide Voice violated its 2019 access arbitrage order via a business restructuring that let it impose tandem charges was "reasonable and lawful," the 9th U.S. Circuit Court of Appeals said Thursday in a docket 21-71375 decision, denying WV's petition for review. While WV argued the FCC order should be set aside because the agency decision wasn't supported by evidence and deviated from its own legal precedent, the three-judge 9th Circuit panel concluded the agency decision "was not arbitrary and capricious, nor unlawful under the Administrative Procedure Act." WV outside counsel didn't immediately comment.