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Tenth Circuit Won't Review FCC Intercarrier Comp Challenges

The U.S. Court of Appeals for the Tenth Circuit has rejected a challenge by NTCA: The Rural Broadband Association and others to FCC intercarrier compensation changes in the commission's Universal Service Reforms.

They had taken issue with portions of the 2011 USF reform order revising how the funds were to allocated and employed. The order was part of the FCC's shift of funds from traditional phone service to broadband.

NTCA was taking it well: "“While today’s court decision is disappointing, NTCA–The Rural Broadband Association continues to work with the FCC and Congress to address many of the concerns rural carriers have raised over the last two-plus years about aspects of the 2011 Universal Service Fund and intercarrier compensation reforms," the group said. "Through hundreds of meetings with commissioners and staff and engagement with members of Congress, we have already achieved several key course corrections since 2011, including the elimination of the quantile regression analysis caps and reinstatement of safety net additive support."'

“After years of good faith efforts faltered, voting to approve the comprehensive reform of universal service and intercarrier compensation continues to be one of my proudest moments at the FCC," said FCc Commissioner Mignon Clyburn of the decision. "The reforms are changing the lives of millions of Americans who will receive broadband for the first time.  I am extremely pleased that the 10th Circuit Court of Appeals has affirmed the FCC’s decision. I look forward to working with the Chairman and my colleagues as we tackle the next steps of reform.”