Petition Denied Regarding CAF Phase II Challenge Process Guidance

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The FCC’s Wireline Competition Bureau (Bureau) has denied a Petition for Reconsideration filed by the American Cable Association and the National Cable and Telecommunications Association (Petitioners) seeking reconsideration of the FCC’s guidance on the Connect America Fund (CAF) Phase II challenge process.  Despite finding the petition to be untimely filed, the Bureau nevertheless addressed the merits of the petition and found that the Petitioners’ arguments do not warrant reconsideration.  Specifically, the Bureau rejected the Petitioners’ arguments that (1) the Bureau’s interpretation of the term “to serve” (in reference to territories served by unsubsidized competitors) exceeded the Bureau’s delegated authority, and (2) the Bureau inexplicably departed from the standard applied in the CAF Phase I challenge process.  CAF Phase II challenges are due by August 14, 2014.

For additional information, please contact Bob Silverman.

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