NAT. LIFELINE ASSOCIATION v. FCC

No. 18-1026 Consolidated with 18-1080.

915 F.3d 19 (2019)

NATIONAL LIFELINE ASSOCIATION, et al., Petitioners v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents Oceti Sakowin Tribal Utility Authority, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided February 1, 2019.


Attorney(s) appearing for the Case

John J. Heitmann , Washington, DC, argued the cause and filed the briefs for petitioners National Lifeline Association, et al.

V. Shiva Goel , Washington, DC, argued the cause for petitioner Crow Creek Sioux Tribe and intervenor Oceti Sakowin Tribal Utility Authority. With him on the joint briefs were Christopher J. Wright and John T. Nakahata , Washington, DC.

Thaila K. Sundaresan , Counsel, Federal Communications Commission, argued the cause for respondents. With her on the brief were Robert B. Nicholson and Frances E. Marshall , Attorneys, U.S. Department of Justice, Thomas M. Johnson Jr. , General Counsel, Federal Communications Commission, David M. Gossett , Deputy General Counsel, and Jacob M. Lewis , Associate General Counsel. Richard K. Welch , Deputy Assistant General Counsel, Federal Communications Commission and William T. Shaw , Attorney Advisor, U.S. Department of Justice, entered appearances.

Before: Rogers and Griffith, Circuit Judges, and Randolph, Senior Circuit Judge.


Responding to Congressional directives, the Federal Communications Commission has adopted programs to make voice and broadband services more available and affordable for low-income consumers by providing a discount on these services through its Lifeline program. Since 1985, eligible low-income consumers may receive a monthly...

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