DC Court Sets Aside FCC Lifeline Order Provisions Pending Decision on the Merits


The U.S. Court of Appeals for the D.C. Circuit has stayed, or set aside, certain provisions of the FCC’s 2017 Lifeline order that limited enhanced Tribal Lifeline eligibility to facilities-based providers and to rural areas while the case is decided on the merits. The order also modified some Lifeline provider requirements and clarified supported wireless services. The FCC’s order was challenged by several carriers and other Lifeline and Tribal interest groups, whom the court indicated have demonstrated a likelihood of success on the merits. Recently the FCC denied a petition for stay filed by the challengers.

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