Trade Law Daily is a Warren News publication.

Judge Denies T-Mobile Injunction to Block CPUC Per-Line USF Surcharge

A federal magistrate judge late Friday denied the motion of T-Mobile and its subsidiaries for a preliminary injunction that would have blocked the California Public Utilities Commission's change to a $1.11 monthly per-line USF contribution fee from the previous revenue-based mechanism. The order came a short time before CPUC’s mechanism change took effect Saturday in the state.

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.

T-Mobile and its subsidiaries haven’t shown that the CPUC “exceeded its intrastate role” by imposing the flat-rate surcharge or that it shifted the USF funding burden against them in favor of LECs, said the order (docket 3:23-cv-00483) signed by U.S. Magistrate Judge Lauren Beeler for Northern California in San Francisco. She denied the injunction, she said, because the T-Mobile subsidiaries failed to show a likelihood of success on the merits and because of the “serious questions going to the merits” of their claim that the CPUC per-line surcharge was preempted by federal law.