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ASSURANCE WIRELESS USA, L.P. v. REYNOLDS

No. 23-15490.

ASSURANCE WIRELESS USA, L.P.; METROPCS CALIFORNIA, LLC; SPRINT SPECTRUM LLC; T-MOBILE USA, INC.; T-MOBILE WEST LLC, Plaintiffs-Appellants, v. ALICE B. REYNOLDS, President of the California Public Utilities Commission, in her official capacity; KAREN DOUGLAS, Commissioner of the California Public Utilities Commission, in her official capacity; DARCIE L. HOUCK, Commissioner of the California Public Utilities Commission, in her official capacity; JOHN REYNOLDS, Commissioner of the California Public Utilities Commission, in his official capacity; GENEVIEVE SHIROMA, Commissioner of the California Public Utilities Commission, in her official capacity, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 26, 2024.

Attorney(s) appearing for the Case

Peter Karanjia (argued), DLA Piper LLP (US), Washington, D.C.; Ben C. Fabens-Lassen and Gaspard Rappoport , DLA Piper LLP (US), Los Angeles, California; Kathleen S. Kizer , DLA Piper LLP (US), San Francisco, California; for Plaintiffs-Appellants.

Hien Vo Winter (argued), California Public Utilities Commission, Legal Division, Sacramento, California; Vanessa Baldwin , David W. Fermino , Jonathan C. Koltz , Christine J. Hammond , and Ian Culver , California Public Utilities Commission, Legal Division, San Francisco, California, for Defendants-Appellees.

Eric S. Tresh and Alla Raykin, Eversheds Sutherland (US) LLP, Atlanta, Georgia, for Amici Curiae Multicultural Media, Telecom, and Internet Council, ALLvanza, the California Hawaii State Conference of the National Association for the Advancement of Colored People, and LatinoJustice PRLDEF.

Opinion by Judge R. Nelson

OPINION

Federal law requires both the Federal Communications Commission and the states to charge telecommunications providers to fund universal service programs. Facing declining revenues under its prior funding mechanism, California enacted a new rule charging per access line to advance its own universal service...

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