Case Study: Qwest V. FCC

Law360, New York (August 30, 2012, 1:13 PM EDT) -- In Qwest Corp. v. Federal Communications Commission, No. 10-9543 (10th Cir. Aug. 6, 2012), the U.S. Court of Appeals for the Tenth Circuit upheld the FCC’s decision to adopt a flexible market-power framework for analyzing forbearance petitions. The market-power framework, which is similar to the analysis used in other FCC proceedings as well as by antitrust regulators, replaces the commission’s prior framework, which had focused on a more limited set of market metrics. 

This new framework affords the commission substantially more discretion and creates considerably more...
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