August 18, 2019

Tenth Circuit: Multiple Consolidated Petitions to Review FCC Rulemaking Order Denied

The Tenth Circuit Court of Appeals issued its opinion in In re FCC: 11-161 on Friday, May 23, 2014.

In late 2011, the Federal Communications Commission (FCC or Commission) issued a Report and Order and Further Notice of Proposed Rulemaking (Order) comprehensively reforming and modernizing its universal service and intercarrier compensation systems. Petitioners, each of whom were parties to the FCC’s rulemaking proceeding below, filed petitions for judicial review of the FCC’s Order. The Judicial Panel on Multidistrict Litigation consolidated the petitions in this court.

In the Joint Universal Service Fund Principal Brief, Additional Universal Service Fund Issues Principal Brief, Wireless Carrier Universal Service Fund Principal Brief, and Tribal Carriers Principal Brief, petitioners assert a host of challenges to the portions of the Order revising how universal service funds are to be allocated to and employed by recipients. After carefully considering those claims, [the Tenth Circuit finds] them either unpersuasive or barred from judicial review. Consequently, [the Tenth Circuit denies] the petitions to the extent they are based upon those claims.

Full case available here.

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