FCC Opposes Stay of Lifeline USF Order's Guidance on Oklahoma Tribal Map

The FCC said its Oklahoma tribal guidance for Lifeline USF shouldn't be stayed, pending further review. In a June order, the commission announced that effective Feb. 9, it will view an 1870-1890 historical map of Oklahoma, "which is the most accurate available representation" of former tribal boundaries in the state, as the basis for identifying former reservations, while continuing to consult with Oklahoma tribal nations on the map, said the FCC's opposition to the partial stay request of Assist Wireless in the U.S. Court of Appeals for the D.C. Circuit (Assist Wireless v. FCC, No. 15-1324). Petitioners don't "challenge the substance of the FCC’s interpretive guidance or the accuracy of the Oklahoma Historical Map; they instead challenge the Order on procedural grounds only," the FCC said. "But Petitioners’ legal arguments are insubstantial, and they have not shown that they are likely to prevail. Nor have they demonstrated that allowing the FCC’s interpretive rule to go into effect as planned would cause them any irreparable injury. And delaying implementation of this guidance would only harm the public by allowing public funds to subsidize areas that should not be eligible for enhanced Tribal Lifeline benefits." Carriers receive a higher monthly subsidy ($34.25) for serving low-income Lifeline users in tribal areas across the country, including former tribal areas in Oklahoma, than for serving those in other areas ($9.25).