T-Mobile Seeks 9th Circuit Review of Injunction Denial in Calif. USF Case
T-Mobile appealed to the 9th U.S. Circuit Court of Appeals after a district court refused to stop California from switching to a connections-based method for state USF contribution. The carrier notified the U.S. District Court for Northern California about the appeal Monday.
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U.S. Magistrate Judge Laurel Beeler for Northern California late Friday denied the motion of T-Mobile and its subsidiaries for a preliminary injunction that sought to block the California Public Utilities Commission's change to a $1.11 monthly per-line fee from the previous revenue-based mechanism. The CPUC order took effect Saturday.
T-Mobile had argued the connections-based method was clearly inconsistent with the FCC’s revenue-based mechanism for federal USF. The district judge said the California method was different, but plaintiffs failed to show it was inconsistent and preempted.