FCC Bureau Won't Stay Changes to Tribal Lifeline Program
The FCC Wireline Bureau turned down a request by Lifeline providers and tribal groups for a stay of 2017 tribal Lifeline changes, pending judicial review of their legal challenges to an order released Dec. 1 (see 1711160021 and 1712010042). “Petitioners…
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have not shown that they are likely to succeed on the merits of their claims,” the bureau said Thursday. “The 2017 Lifeline Order contains a comprehensive explanation of the basis for the Commission’s decision to limit enhanced Tribal support to rural Tribal areas, and to target such support to facilities-based providers.” Assist Wireless, Boomerang Wireless, Easy Wireless, the National Lifeline Association, the Crow Creek Sioux Tribe and the Oceti Sakowin Tribal Utility Authority requested the stay last month (see 1806250032). The bureau rejected claims that it hadn’t done required consultation with the tribes before approving the order. The agency also said it didn’t violate the Administrative Procedure Act by not specifically seeking the changes approved in the December order. “We do not see how the lack of an additional round of notice and comment could have harmed Petitioners, who had a full opportunity to register their opposition to the Commission’s proposals to limit enhanced support to facilities-based providers, and to rural Tribal areas, after the 2015 Lifeline [Future NPRM] was released,” it said.