FCC Asks DC Circuit to Clarify Tribal Lifeline Reversal Didn't Vacate Parts of Order
The FCC asked a court to amend a tribal Lifeline ruling to clarify that several unchallenged portions of a commission order/item weren't vacated by a reversal of challenged parts (see 1902010051). The agency said petitioners challenged two changes to enhanced…
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tribal Lifeline support in a "Fourth Report and Order" and raised certain procedural issues. "The Fourth Report and Order was promulgated as Section II of the Order under review, which also contained sections embodying four different actions taken by the Commission that petitioners did not challenge; yet, the Court appears to have vacated the Order in its entirety," said an FCC motion (in Pacer) Monday to the U.S. Court of Appeals for the D.C. Circuit in National Lifeline Association v. FCC in docket 18-1026. "The FCC requests that the Court amend the opinion to make clear that its decision vacates only Section II (the Fourth Report and Order section) of the Order, as well as the relevant portions of the Order’s Ordering Clauses." That will keep in effect an unchallenged order on reconsideration, memorandum opinion and order, NPRM and notice of inquiry, said the agency. It said it was authorized to say petitioners don't oppose the motion. A NaLA representative didn't comment.