U.S. Telecom Association v. Federal Communications Commission
United States Court of Appeals for the District of Columbia
400 F.3d 29 (2005)
Relevant factsFree
The FCC (defendant) issued an "Intermodal Order" requiring wireline carriers to transfer telephone numbers to wireless carriers, an order with a substantial negative impact on small rural carriers and their subscribers, without conducting the regulatory flexibility analysis required by the Regulatory Flexibility Act (RFA). The U.S. Telecom Association and others (plaintiffs) challenged the order, and the district court found the FCC had failed to conduct that required analysis.
IssueFree
Whether, under the Regulatory Flexibility Act, agencies promulgating a final rule after mandatory notice-and-comment rulemaking must prepare a final regulatory flexibility analysis.