NASUCA Asks DC Circuit to Reverse FCC Lifeline Broadband Provider Process
The National Association of State Utility Consumer Advocates said a court should overturn the FCC's new Lifeline broadband provider (LBP) process that bypasses state decisions to designate USF-eligible telecom carriers (ETCs). No provision of the Communications Act "gives the FCC…
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authority to preempt congressional delegation to state commissions of this primary role in determining whether a common carrier qualifies for ETC designation," NASUCA told the U.S. Court of Appeals for the D.C. Circuit in an intervenor brief (in Pacer) filed Monday in NARUC v. FCC, No. 16-1170. "Section 214(e) does not give the FCC authority to create a subset of ETCs that, according to the FCC's preemption, can never be subject to state jurisdiction. The question of state jurisdiction is not ambiguous and is not the FCC's decision to make." The new Republican-run FCC Friday asked the court to hold the case in abeyance while it decides how to proceed, and it noted the petitioner (NARUC) and supporting intervenor (NASUCA) didn't oppose a 90-day delay (see 1702060060). The commission Friday also revoked nine previous LBP designations and said it would reconsider their petitions (see 1702030070).