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LTD May Challenge FCC Rejection by Sept. 12

LTD Broadband signaled it will seek FCC reversal of the agency rejecting the company’s long-form application for Rural Digital Opportunity Fund support. At a teleconferenced Minnesota Public Utilities Commission prehearing conference Wednesday, LTD outside counsel Andy Carlson of the Taft…

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firm told Administrative Law Judge Jim LaFave the company believes Minnesota's and other pending state reviews “should generally be stayed while the FCC’s decision is appealed by LTD.” Sept. 12 is the deadline for administrative appeal at the FCC, Carlson said. Due to that date, LaFave deferred further scheduling of Minnesota’s proceeding on whether to revoke LTD Broadband’s eligible telecom carrier (ETC) status (see 2207140047) until a Sept. 20 prehearing conference at 2:30 p.m. CDT. LaFave ordered LTD to provide its long-form application, attachments and related FCC correspondence by Friday to the state Commerce Department and attorney general's office, as well as to the Minnesota Telecom Alliance and the Minnesota Rural Electric Association, which petitioned the PUC to revoke LTD’s ETC status. Others may file to intervene in the proceeding by Sept. 16, the ALJ said. Assistant Attorney General Kristin Berkland said the FCC could act in 145 days on an LTD appeal. Carlson said the FCC moves slowly and could take longer than that. LTD CEO Corey Hauer told us earlier this month the company was considering next steps after the FCC’s rejection (see 2208110006).