Sprint sues FCC for 'capricious' deregulation of business data services

Sprint and another Windstream filed a lawsuit against the Federal Communications Commission for the agency's recent decision on business data services.

The companies are seeking relief "on the grounds that the [FCC’s] Report and Order is arbitrary, capricious, and an abuse of discretion," according to a filing in the US Court of Appeals for the DC Circuit. Richard Levy, a law professor at the University of Kansas, said the court would not determine whether the FCC adopted the correct policy, but whether it is consistent with statute. "Those kinds of filings go the agency's way, more often than not," he said. "Occasionally, they will be able to demonstrate some sort of flaw in what the agency did." As the petitioners, Sprint and Windstream requested that the court reverse, annul or set aside the FCC's Report and Order, and provide additional relief as determined proper. If a flaw is found, Levy said, the agency still may be able to readopt the policy with a better explanation to support it or to revise the policy. Usually, the court will not completely reverse it. In Sprint's case, he added, "The best case is to have it reversed. Sometimes it's worth it even if the only impact is to delay a regulation for a couple of years."