The FCC's Wireless Bureau has denied a request by INCOMPAS and others that it stay its decision to deregulate business data services (BDS).
That is according to an FCC spokesperson, who said the order had been issued by the bureau, though it was not available at press time.
The FCC on April 20 adopted a BDS Report and Order, under new chairman Ajit Pai, declaring the broadband business data services market generally competitive -- a distinct departure from the more regulatory proposal of Pai's predecessor, Tom Wheeler, who had concluded the market was insufficiently competitive -- and deregulated the rates incumbent providers can charge for services like wireless backhaul, credit card readers, ATMs and institutional hookups to schools and libraries.
Related: FCC BDS Vote Draws Mixed Reviews
Groups like INCOMPAS argued that the final order was sufficiently different from the rulemaking proposal -- for one thing the notice was based on the presumption that the BDS market was insufficiently competitive, while the order was based on the presumption it was generally competitive -- to require gathering new comment it before voting, which the FCC did not do.
INCOMPAS and others have separately challenged the FCC decision in federal court, a challenge that three weeks ago was consolidated in the Eighth Circuit.