United States Court of Appeals for the District of Columbia Circuit
D.C. Circuit Denies Petition for Review of Lifeline Order
The National Lifeline Association challenged the Federal Communications Commission's November 2019 Lifeline order which restored the role of states in designating eligible telecommunications carriers (ETCs) to participate in the Lifeline program, clarified the obligations of participating carriers, and took steps to improve compliance by Lifeline ETCs and reduce waste, fraud, and abuse in the program. The issue in this case concerns support payments to ETCs for prepaid Lifeline subscribers in cure periods because of their non-usage of the service.
US Court of Appeals Issues Net Neutrality Decision
We uphold the 2018 Order, with two exceptions. First, the Court concludes that the Federal Communications Commission has not shown legal authority to issue its Preemption Directive, which would have barred states from imposing any rule or requirement that the FCC “repealed or decided to refrain from imposing” in the Order or that is “more stringent” than the Order. 2018 Order ¶ 195. The Court accordingly vacates that portion of the Order.