The FCC opposed a motion for stay filed by the...
The FCC opposed a motion for stay filed by the National Telecommunications Cooperative Association in the 10th U.S. Circuit Court of Appeals. NTCA had asked the court to suspend implementation of a Wireline Bureau order adopting a methodology for limiting…
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capital and operating expenses that rate-of-return regulated LECs can recover through the USF (see related story in this issue). In its filing Thursday, the commission opposed NTCA’s request, arguing the association had not demonstrated the irreparable harm needed for a stay. “Even beyond that, NTCA does not contend that the economic harm caused by the modest reductions in support resulting from the benchmarks, which are being phased-in over 18 months, imminently threaten the existence of any carrier,” the FCC wrote. Staying implementation of the Regression Order would “perpetuate the problematic incentives and funding inequities associated with the Commission’s existing rules and delay much-needed reforms intended to benefit consumers,” the FCC said.