FCC Defends Tribal Lifeline Limits in DC Circuit; NTCA, TracFone Make Filings at FCC
The FCC defended its 2017 order limiting enhanced tribal Lifeline support against procedural and substantive legal challenges in the U.S. Court of Appeals for the D.C. Circuit. There was "ample notice and opportunity for comment" on proposed facilities-based and rural…
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requirements, and fulfillment of a "voluntary commitment to consult with Tribal governments," said an FCC/DOJ response in National Lifeline Association, et al., v. FCC, No. 18-1026, consolidated (see 1801290020 and 1804190011). The "decision to limit the enhanced Tribal subsidy to facilities-based providers was reasonable, and consistent with its long-standing goals of promoting infrastructure development," and managing fund expenditures," it said. The restriction should also be viewed "against a background of significant waste, fraud, and abuse in the program, some of which has been driven by resellers," it said. The Wireline Bureau issued an erratum in docket 11-42 Friday on tribal consultation details in its decision denying legal challengers an administrative stay (see 1807060011). NTCA Monday again petitioned for temporary waiver to give RLECs some relief from a minimum data speed standard for wireline Lifeline broadband providers, in light of the agency's recent updated standard (see 1807180038). TracFone cited challenges it faced "with the soft launch" of a Lifeline national verifier in some states (see 1806180054). It also backed a Q Link emergency petition seeking implementation of a national verifier application programming interface "to avoid wasteful and time consuming duplicative manual entry of a Lifeline applicant’s personal information" and ensure other "seamless communications," said a filing in docket 17-287 on TracFone discussions with aides to Chairman Ajit Pai and Commissioner Brendan Carr.