Summary
The D.C. Circuit dismissed NARUC's petition for review of an FCC order allowing interconnected VoIP providers to obtain telephone numbers directly from numbering administrators. The court held that NARUC failed to demonstrate an injury-in-fact caused by the order and therefore lacked Article III standing.
Holdings
- NARUC lacked Article III standing because it failed to demonstrate that any member suffered an injury-in-fact caused by the challenged order.
- NARUC's alleged harm from the FCC's legal route, rationale, or failure to classify interconnected VoIP services was not an injury caused by the challenged order.
Questions Presented
- Whether NARUC had associational standing under Article III to challenge the FCC's order governing direct access to telephone numbering resources by interconnected VoIP providers.
- Whether NARUC demonstrated a concrete, particularized injury caused by the FCC's order rather than by the FCC's separate delay in classifying interconnected VoIP services.
Disposition
dismissed
Cases Cited (9)
- National Cable & Telecommunications Association v. Brand X Internet Services, 545 U.S. 967, 974 (2005)(followed)
- National Telephone Cooperative Association v. FCC, 563 F.3d 536 (D.C. Cir. 2009)(followed)
- Hunt v. Washington State Apple Advertising Commission, 432 U.S. 333, 343 (1977)(followed)
- Public Citizen, Inc. v. National Highway Traffic Safety Administration, 489 F.3d 1279, 1289 (D.C. Cir. 2007)(followed)
- Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-62 (1992)(followed)
- Sierra Club v. EPA, 292 F.3d 895, 898-99 (D.C. Cir. 2002)(followed)
- American Library Association v. FCC, 401 F.3d 489, 494 (D.C. Cir. 2005)(followed)
- International Brotherhood of Electrical Workers v. Interstate Commerce Commission, 862 F.2d 330, 334 (D.C. Cir. 1988)(followed)
- Telecommunications Research & Action Center v. FCC, 917 F.2d 585, 588 (D.C. Cir. 1990)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…