The state members of the Federal-State Joint Board on Universal...
The state members of the Federal-State Joint Board on Universal Service filed the CliffsNotes version of their original 9,000-word amicus brief Thursday (http://xrl.us/bn6ic4). The 10th U.S. Circuit Court of Appeals had rejected the longer version, giving the board 810 words…
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
to make its case (CD Dec 3 p16). “It was originally intended to be helpful to the court, with argument elaboration and complete citations of authority,” said Pennsylvania Public Utility Commissioner James Cawley, who wrote the brief. “As filed it is a summary argument with virtually no elaboration or citations.” The Joint Board argued the FCC’s USF/intercarrier compensation order violated dual sovereignty by establishing a zero ICC rate for intrastate access charges and requiring state enforcement; relied on an over-expansive interpretation of Section 251(b)(5) of the Telecom Act; and violated due process and Administrative Procedure Act notice requirements with late ex parte contacts and inadequate opportunity for comment. “Industry ex parte contacts intensified up to the Sunshine period,” Cawley wrote. “No one could react adequately and timely to these filings.” - MSS