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State members of the Federal-State Joint Board on Universal Service...

State members of the Federal-State Joint Board on Universal Service will have to find a more pithy way of arguing the FCC violated the U.S. Constitution. Its 9,000-word amicus brief, which said the FCC violated the 10th Amendment when it…

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decided last year to transition intrastate terminating traffic rates to zero, was rejected by the 10th U.S. Circuit Court of Appeals Friday. The Joint Board “is granted leave to file an amicus brief,” the court said, but the brief must “include no more than 810 words.” Commissioner James Cawley of the Pennsylvania Public Utility Commission, who wrote the brief, had expected the court to make an exception for the congressionally created advisory board (CD Nov 30 p10). “I was wrong,” he told us Friday. Cawley plans to confer with his colleagues on the Joint Board on the best way to proceed. They have two weeks to file.