Lifeline Groups Seek Court Stay of Service Standard Increase

The National Lifeline Association and Assist Wireless have asked a federal court to stay the Dec. 1 trigger for the Federal Communications Commission's increase of the mobile broadband minimum service standard in the Lifeline subsidy program from 3 GB to 4.5 GB. The groups first petitioned the FCC for a stay, but that was denied.  The petitioners told the US Court of Appeals for the DC Circuit that absent the emergency stay, they would suffer irreparable harm. The petitioners argue that the stay is warranted because the FCC's decision was arbitrary and capricious, which is a violation of the Administrative Procedures Act. They want the FCC to keep the current 3 GB standard, saying that any increase above that "would mandate unaffordable service offerings requiring co-pays and result in less Lifeline access by low-income consumers."