DC Circuit Rejects NaLA Stay; 4.5 GB MSS Takes Effect Tuesday
The U.S. Court of Appeals for the D.C. Circuit rejected the National Lifeline Association’s request for emergency stay of the FCC Wireline Bureau increasing the minimum service standard to 4.5 GB a month (see 2011250064), said an order (in Pacer)…
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Monday. The increase takes effect Tuesday, and Lifeline providers say it's an existential threat. The lack of a stay "is disappointing," said NaLA attorney John Heitmann of Kelley Drye. Judges Patricia Millett, Neomi Rao and Cornelia Pillard said petitioners NaLA and Assist Wireless “have not satisfied the stringent requirements for a stay.” Benton Institute for Broadband & Society Senior Counselor Andrew Schwartzman called that D.C. Circuit “boilerplate” for stay rejections. He called it a positive sign for NaLA that the judges requested an FCC response to NaLA’s request for a writ of mandamus compelling the agency to act on reconsideration petitions against a 2016 Lifeline order. "NaLA will continue to work on multiple fronts to preserve free access for Lifeline-eligible consumers to mobile broadband, including by seeking commission review of the bureau’s waiver order," Heitmann said. The timing of Heitmann’s application for review could influence how it's received at the FCC, attorneys said. The current commission doesn't have enough likely yes votes to advance a draft order on the Lifeline increase (see 2011160051). The change in the White House, Pai's stepping down next month (see 2011300032), and the possibility of prospective commissioner Nathan Simington replacing Commissioner Mike O’Rielly (see 2011240061) could change that dynamic, attorneys said.