Allband Responds to FCC Opposition to USF/ICC Supreme Court Review
The FCC’s opposition to Allband Communications Cooperative’s petition for Supreme Court review of the agency’s 2011 USF/intercarrier compensation order should be rejected, the company said in a reply brief Wednesday. The company is contesting the order’s $250 per-line-per-month USF cap.…
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The agency had argued Allband lacks standing to challenge the order because it had been granted a three-year waiver from the cap, has a pending petition to renew the waiver and thus hasn't been subject to the cap, said Allband’s brief. But the company said “’the ripeness doctrine’” shouldn't apply because the matter involves “issues of continuing public interest, capable of repetition and capable of evading review.” The agency also has no deadline for acting on the renewal request, and absent action, Allband would be subject to the cap July 1, the company said. The FCC also didn't respond to the company’s claims in its petition for review, including that the agency didn't follow applicable statutory provisions or congressional intent, the reply brief said. NARUC, U.S. Cellular and Cellular South have also asked the court to review a 10th U.S. Circuit Court of Appeals decision upholding the order on various grounds (see 1504090054).