Law360 Quotes Partner John Heitmann on FCC Rulemaking Steps
August 21, 2018
Partner John Heitmann was quoted in the Law360 article "FCC Skipped Lifeline Rulemaking Steps, DC Circ. Told." The Federal Communications Commission skipped important rulemaking steps, like required tribal consultation, when altering the way funds are doled out under the Lifeline subsidy program for phone and internet service, a Native American tribe and wireless resellers recently told the D.C. Circuit. The National Lifeline Association; Assist Wireless LLC; Boomerang Wireless LLC, which does business as Entouch Wireless; and Easy Telephone Services Co., which does business as Easy Wireless, similarly argued that the FCC doesn’t explain why it didn’t kick off a brand new rulemaking, with notice and comment from interested parties.

John, who represents the National Lifeline Association, noted that, "Although Chairman [Ajit] Pai was tweeting a few days ago about the impact the new Tribal Lifeline rules have had on a small wireless provider’s ability to build new infrastructure, the fact of the matter is that those rules have not gone into effect. That is because the D.C. Circuit found them likely to be arbitrary and capricious and concluded that the impact the new Tribal Lifeline rules would have on Tribal Lifeline subscribers was likely to cause irreparable harm, including substantial service disruptions."

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