FCC Opposes Supreme Court Cert on 2011 USF/ICC Case
A petition for U.S. Supreme Court review of the 10th U.S. Circuit Court of Appeals denial of petitions to review the 2011 USF/intercarrier compensation (see 1405270045) order should be denied, the FCC said in a brief filed with the high…
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court. U.S. Cellular, Cellular South and the Rural Independent Competitive Alliance said the FCC lacked authority to require broadband buildout in order to receive USF, but none of the petitioners has standing to challenge the requirement, the agency said. The petitioners’ argument rests on the classification of broadband as an information service, but “the FCC has now reversed that classification,” the brief said. The appeals court also correctly said the agency was authorized to impose the broadband requirement even when broadband was classified as an information service, the agency said.