Court Backs FCC in Verizon Broadband Ruling

執筆者
Roy Mark
Roy Mark
Published: Dec 7, 2007
Updated: Feb 2, 2021
3 minute read
eWeek のコンテンツおよび製品のおすすめは、編集上の独立性を保っています。パートナーへのリンクをクリックすると、当社が報酬を得る場合があります。 詳細を見る

The Federal Communications Commission could not come to a clear consensus on Verizon’s request to deregulate some of its commercial broadband business.

By government rules, the FCC’s 2-2 vote in 2006 on Verizon’s request meant that the commission actually approved it. On Dec. 7, a federal court upheld the decision, refusing to overturn it despite the deadlock vote.

The FCC’s vote and the court’s ruling drew the ire of some congressmen who are looking to revise the rules that allow for a tie vote to translate into an approval.

In 2006, Verizon filed a petition with the FCC to ease its broadband obligations to share lines with competitors and to make those lines available at “just and reasonable rates.” Verizon argued in its petition that the level of local competition no longer justified the original rules.

The FCC was unable to come to a decision on the Verizon petition, deadlocking on a 2-2 vote along party lines. Republican commissioner Robert McDowell refused himself from the vote. Republicans on the panel, including FCC Chairman Kevin Martin, supported the petition in the name of deregulation while the two Democrats opposed it, claiming approval would lead to higher prices and fewer consumer choices for broadband service.

Under the arcane, bureaucratic rules of the FCC, the deadlock on the petition means the agency did not actually deny the petition, which, in turn, translates into approval of the petition. It’s called forebearance.

Sprint Nextel and the New Jersey Division of Rate Counsel appealed the FCC decision, arguing that granting Verizon’s petition without an actual decision is arbitrary and capricious.

The Court of Appeals for the District of Columbia agreed with the FCC.

“We … recognize that because a deadlocked vote is unreviewable, we lack jurisdiction in what may be the hardest cases—cases in which the forbearance petition raises such difficult issues that it produces an equally divided vote among the commissioners,” the Dec. 7 ruling states. “Be that as it may, the statute is clear. A petition is deemed granted if the commission ‘does not deny’ it.”

In the ruling, the court added that “ties … do not result in commission action. The commission did not grant Verizon’s petition and it did not deny it. In those instances in which the commission does not deny a forbearance petition, Congress has spelled out the legal effect: the petition ‘shall be deemed granted.'”

Advertisement

Click here to read about how Comcast was hit with an FCC net neutrality complaint.

At least two Democratic House members—John Dingell of Michigan and Ed Markey of Massachusetts—hope to change those rules. In October, Dingell and Markey introduced legislation to change the forbearance process at the FCC.

The proposed bill—the Proper Forbearance Procedures Act of 2007—would remove the “deemed granted” language from the Communications Act of 1934.

“The court found what we already knew: On the critical matter of protecting consumers, the FCC failed to do its job,” Dingell and Markey said in a joint statement Dec. 7. “The decision casts the spotlight on the need to reform the forbearance process to ensure written opinions and to eliminate the ability of a forbearance petition to be ‘deemed granted’ simply by agency inaction.”

Check out eWEEK.com’s Government Center for the latest news, views and analysis of technology’s impact on government and politics.

Roy Mark

Roy Mark

Content Writer

Roy Mark is a Datamation contributor.

eWeek Logo

eWeek has the latest technology news and analysis, buying guides, and product reviews for IT professionals and technology buyers. The site's focus is on innovative solutions and covering in-depth technical content. eWeek stays on the cutting edge of technology news and IT trends through interviews and expert analysis. Gain insight from top innovators and thought leaders in the fields of IT, business, enterprise software, startups, and more.

TechnologyAdvice が所有・運営しています。 © 2026 TechnologyAdvice. 無断転載を禁じます

広告主に関する開示:このサイトに掲載されている製品の一部は、TechnologyAdvice が報酬を受け取っている企業のものです。この報酬は、製品がこのサイトのどこにどのように表示されるか(表示される順序など)に影響する場合があります。TechnologyAdvice は、市場で入手可能なすべての企業やすべての種類の製品を掲載しているわけではありません。