CTIA Slams Ky. 'Semantics' Defending 911 Fee

The Kentucky 911 Services Board can’t use “semantics” to dodge federal preemption of a state law that required Lifeline providers rather than users to pay a 70 cents 911 surcharge on monthly bills, CTIA told the U.S. District Court for Eastern Kentucky. CTIA urged the court to support its summary judgment motion in a reply Friday (case 3:2020-cv-00043). The state 911 board argued earlier this month that the fee doesn’t thwart universal service (see 2309050068). "On its face, [the Kentucy law] prohibits Lifeline providers from using Lifeline funds to pay the $0.70 per Lifeline end user 911 fee ... thus technically avoiding a direct diversion of federal universal service funds to the state 911 fund,” said CTIA. “However, by increasing the cost of providing Lifeline service to each and every Lifeline end user in Kentucky,” the law’s 911 fee “stands as an obstacle” to federal universal service goals in sections 151, 254 and 1510 of the Communications Act. By imposing the 911 fee on Lifeline providers, the state law “uses semantics to try to get around the express preemption” of Section 1510(c)(1), said CTIA. The state also tries using words to evade “express preemption” of Section 254(e) by prohibiting use of Lifeline funds to pay the 911 fee, but that makes it “impossible” for a company to solely provide free Lifeline services without violating state or federal law, the association said. CTIA also said the law "violates the Equal Protection Clause, the Takings Clause and due process by treating wireless carriers differently: Lifeline providers pay the 911 fee; other wireless carriers do not.” The U.S. signaled it might intervene in the case (see 2309210018).