Public Knowledge Files Amicus Brief to Overturn and Remand FCC’s Business Data Services Order

Public Knowledge, Consumer Federation of America, and New Networks Institute filed an amicus brief in the US Court of Appeals for the 8th Circuit requesting the Court to overturn and remand the Federal Communications Commission’s recent Business Data Services deregulation Order. Public Knowledge argues that the agency’s competition analysis, which found that duopoly competition -- real or potential -- is “sufficient” to discipline market power and high prices in the BDS market, is ludicrous. The Commission’s analysis is inconsistent with competition law and unsupported by the record, and the Order will lead to higher prices in the BDS market, which consumers will ultimately pay.