TracFone Asks FCC to Preempt Certain State 911 Fees

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TracFone Wireless, Inc. (TracFone) has filed a petition requesting that the FCC issue a declaratory ruling finding that state laws and regulations that impose 911 taxes and fees on low-income Lifeline customers who receive no charge (i.e., free) wireless Lifeline service (1) unlawfully reduce the value of the federal Lifeline benefits by imposing a state tax on those benefits (in one case, as high as 19 percent); and (2) impede the ability of Eligible Telecommunications Carriers offering no charge Lifeline service to fairly compete in the Lifeline service market.  TracFone’s “emergency petition” is intended to move the FCC to preempt such laws and regulations.  Comments on TracFone’s petition are due on or before December 8, 2014. Reply comments are due December 23, 2014.

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