DC Circuit Vacates FCC Tribal Lifeline Order

HWG successfully represented the Crow Creek Sioux Tribe and the Oceti Sakowin Tribal Utility Authority in a challenge to the FCC’s 2017 Lifeline Order before the US Court of Appeals for the DC Circuit.  In the decision released today, the DC Circuit vacated the order and remanded for a new rulemaking.

Had it taken effect, the FCC’s order would have restricted access to affordable communications service for low-income residents on Tribal lands.  As Gene DeJordy, a representative of the Crow Creek Sioux Tribe, remarked, “today’s victory means that First Americans who live in some of the most impoverished areas of the country can continue receiving essential Lifeline services that they depend on in emergencies, and for work, family care, education, and other vital day-to-day needs.”

The HWG team included John Nakahata, Christopher Wright, and Shiva Goel.

Coverage of the case can be found in several outlets, including Bloomberg Law, Broadcasting & Cable, Engadget, Ars, Communications Daily (subscription required), and Law360 (subcription required).