LTD Broadband Accuses Attorney of “Egregious Misconduct” in eligible telecommunications carrier application

LTD Broadband, which was the largest winning bidder in last year’s FCC Rural Digital Opportunity Fund (RDOF) auction, has asked the commission to reconsider its decision involving the carrier’s application for eligible telecommunications carrier (ETC) status in California, alleging “egregious misconduct” on the part of the attorney that handled the filing. Unless reversed, the Federal Communications Commission decision will prevent LTD Broadband from obtaining RDOF funding for the state. In July 2021, the FCC said LTD Broadband failed to act in a timely manner to obtain ETC status in California and two other states, a requirement for obtaining RDOF funding. But according to an LTD Broadband filing with the FCC this week, the company puts responsibility for the late filing on the attorney that the company was using at that time to handle ETC applications. California law requires companies seeking ETC status to first obtain a certificate of public convenience and necessity (CPCN). The lawyer that the company engaged to handle ETC applications told the company that he had submitted the California ETC application and CPCN application in April. That filing was made by mail without confirmation whether such applications were being accepted by mail amid the COVID-19 pandemic, LTD Broadband says.