CTIA Raises Ratemaking Concerns in NaLA Calif. Lifeline Challenge

CTIA told the 9th Circuit U.S. Court of Appeals that the FCC Office of General Counsel's August amicus on the National Lifeline Association's challenge of the California Public Utilities Commission's requirement that wireless providers charge no co-payment to participate in the state's Lifeline program "sets forth a novel and unduly narrow view" of the Communications Act's Section 332 preemption (see 2210210073). OGC's arguments would "embolden California and other states to set prices for wireless services" and "needlessly burden the same consumers that universal service programs are designed to protect," CTIA said in a filing posted Friday in case 21-15969. The group raised concerns about states having a "backdoor" to "seek ratemaking authority from the FCC."