DC Circuit Clarifies That It Didn't Send All of Lifeline Tribal Order Back to FCC
The U.S. Court of Appeals for the D.C. Circuit clarified it didn't reject all of an FCC tribal Lifeline order in February when it sent the 2017 limits on such government subsidies back to the agency (see 1902010051). Wednesday's one-page…
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per curiam order (in Pacer) amended the earlier ruling to say that "because the Commission's adoption of the Tribal Facilities Requirement and Tribal Rural Limitation was arbitrary and capricious, the court grants the petitions and vacates the 2017 Lifeline Order as challenged in the petitions, and remands the matter to the Commission for a new notice-and-comment rulemaking proceeding." Industry lawyers and others watching the proceeding noted it's a somewhat procedural matter, rather than a new ruling on the merits. The FCC is "pleased that the DC Circuit granted our unopposed motion and amended its opinion to make clear the Court vacated only the challenged portion of one section of the five-section item,” emailed an agency spokesperson.