FCC Says It Has 'Good Reason' to Be Skeptical of NaLA Claims on Lifeline MSS
The National Lifeline Association and Assist Wireless haven’t shown (see 2011190054) Lifeline providers will be irreparably harmed by the Wireline Bureau’s minimum service standard order and won’t succeed in their legal challenge against it, the FCC responded (in Pacer) Tuesday…
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
pushing the U.S. Court of Appeals for the D.C. Circuit to reject NaLA’s call for an emergency stay. Lifeline provider arguments that raising the MSS from its current 3 GB per month to 4.5 GB per month on Dec. 1 will force companies to charge low-income consumers copays they can’t afford “are of no value without proof,” said the agency. “The Bureau had good reason to be skeptical of arguments that a modest increase in the minimum service standard would render service unaffordable or require providers to impose a co-pay.” Customers will be irreparably harmed by the order “disconnecting them from vital and essential services,” said Judson Hill, who represents Lifeline provider TruConnect. “There’s no evidence of any harm to anybody by staying or enjoining and freezing in place.” The FCC brushed aside NaLA complaints that T-Mobile -- the sole provider to endorse the MSS order’s increase to 4.5 GB, and the only one that owns its own spectrum -- is differently situated from other Lifeline providers. “Whether or not” T-Mobile’s commitment to the FCC to offer a 4.5 GB plan extends to NaLA members, “it provides record evidence that it is possible for a Lifeline provider to offer a service plan without a co-pay that complies with the 4.5 GB per month standard,” the agency said. CTIA and NaLA declined to comment, and T-Mobile didn’t respond to a comment request. NaLA has to respond by Wednesday, the court said. NaLA asked for a ruling on the emergency stay by Monday.