Lifeline Resellers Challenge FCC Tribal Restrictions; Pai Expects to Resolve 2 More NALs Soon
Lifeline USF resellers challenged tribal support restrictions in an FCC order that commissioners adopted 3-2 in November with an NPRM to begin overhauling the low-income subsidy program (see 1711160021). "Petitioners seek relief from portions of the Order that will (1)…
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limit enhanced Tribal Lifeline support to 'facilities-based' service and (2) limit Lifeline support to 'rural' Tribal areas pursuant to a newly established FCC definition," said the National Lifeline Association, Assist Wireless, Boomerang Wireless (enTouch) and Easy Telephone Services in a petition (in Pacer) to the U.S. Court of Appeals for the D.C. Circuit that surfaced Friday in National Lifeline Association v. FCC, No. 18-1026. NLA is a trade group representing Lifeline providers and vendors. The companies said the actions were arbitrary and capricious, an abuse of discretion, exceeded FCC authority and violated the Administrative Procedure Act. Meanwhile, Chairman Ajit Pai said the FCC had resolved seven notices of apparent liability from 2013 and 2014 against Lifeline providers (see 1712290032), and "expects to resolve two more soon"; three others remained with the agency's Office of Inspector General. The FCC has an enforcement action on its agenda for tomorrow's commissioners' meeting but hasn't identified what it involves. Pai was responding to a Dec. 1 letter from Senate Homeland Security and Government Affairs Committee ranking member Claire McCaskill, D-Mo. She asked for details on commission steps to recover $89.5 million in proposed fines against 12 Lifeline providers for alleged program violations (only one case had been resolved at that time). McCaskill's office didn't comment Monday.