10th Circuit Denies Challenges to USF/ICC Transformation Order


The U.S. Court of Appeals for the 10th Circuit has released two separate opinions that deny all 31 petitions for review of reforms adopted by the FCC in the 2011 USF/ICC Transformation Order.  In the first opinion, the court concludes that the “challenges to the portions of the Order revising how universal service funds are to be allocated to and employed by recipients” are “either unpersuasive or barred from judicial review.”  Consequently, the court has denied the petitions for review to the extent they are based upon challenges to the FCC’s USF reforms.  In the second opinion, the court has denied all of the petitions for review challenging the FCC’s reforms to intercarrier compensation.  A copy of the combined opinions is available on the U.S. Court of Appeals for the 10th Circuit’s website.

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