| Landline Modernization Order[1]: Legal Authority 38. The principles listed in section 254 of the Act make clear that deployment of, and access to, telecommunications and information services are important components of a robust and successful federal universal service program, including the directive to address low-income needs.86 In section 254[2], Congress expressly recognized the importance of ensuring that low-income consumers “have access to telecommunications and information services, including . . . advanced telecommunications and information services” and that universal service is an “evolving level of telecommunications service.”87 ... 41. Our approach is also supported by section 254(c)(1)(A). Under that provision, the Commission considers whether a given supported service is “essential to education, public health, or public safety.”97 We explain above the importance of BIAS to education and healthcare, among other things, along with the need for discounts in order to enable low-income consumers to realize those benefits.98 We therefore conclude that BIAS is essential for education and public health for low-income
Americans. 42. Section 254(c)(1)(B) directs the Commission to consider whether the service at issue has “through the operation of market choices by customers, been subscribed to by a substantial majority of residential customers.”99 footnote 92. ... Even before that, however, during the time the Commission had classified BIAS as generally an information service, it recognized the possibility of broadband Internet access transmission being offered on a common carrier basis as a telecommunications service. See, e.g., Appropriate Regulatory Treatment For Broadband Access to the Internet Over Wireless Networks, Declaratory Ruling, 22 FCC Rcd 5901, 5913-14, para. 33 (2007);[3] [1] https://apps.fcc.gov/edocs_public/attachmatch/FCC-16-38A1.pd... [2] 47 U.S. Code § 254 - Universal service https://www.law.cornell.edu/uscode/text/47/254 [3] https://apps.fcc.gov/edocs_public/attachmatch/FCC-07-30A1.pd... |
> (j) Lifeline assistance Nothing in this section shall affect the collection, distribution, or administration of the Lifeline Assistance Program provided for by the Commission under regulations set forth in section 69.117 of title 47, Code of Federal Regulations, and other related sections of such title.
What makes it relevant to the discussion, then?
With Chevron deference (soon?) gone, perhaps courts will actually adjudicate whether this interpretation is within the framework of the law.