NARUC Opposes FCC Request for DC Circuit to Hold up Review of Lifeline Case

holding NARUC's appeal in abeyance," NARUC said in a filing (in Pacer) to the U.S. Court of Appeals for the D.C. Circuit in the case NARUC v. FCC, No. 16-1170. In its motion, the commission said it's common practice for a court, upon request, to hold its review in abeyance pending agency reconsideration of an order, something that's "especially weighty" in this case because the recon petitions implicate two questions that state challenges raise before the D.C. Circuit (see 1609300020). But NARUC said "the FCC posits no evidence and little more than one paragraph of flawed argument that mischaracterizes both the reconsideration petitions and the thrust of NARUC's Petition for Review. It does not even address the obvious prejudice to NARUC's members that would be cause[d] by granting the motion." NARUC and individual states challenging the order are concerned the FCC's new streamlined process for designating "Lifeline broadband providers" (LBPs) improperly bypasses state authority over USF eligible telecom carriers under federal law. "The rules are in effect and petitions seeking streamline[d] review using the disputed process are pending, and could be granted before briefs are filed in this appeal," the NARUC filing said. The FCC has until early December to act on various petitions for streamlined LBP review (see 1610040049).