Add ITTA, which represents mid-sized telecoms/ISPs/video providers, to the list of associations—including the National Cable & Telecommunications Association—challenging the FCC's decision to triple the damages for violating federal program payment rules for Universal Service Fund and other fees.
The Administrative Procedure Act requires the FCC to give regulated entities notice about substantive changes. The groups argue the change (discussed in this FCC document)—a policy statement rather than a rule change voted on by the commission—was substantive and that notice was not provided, in violation of the APA.
In a filing late last week, ITTA said it was all for transparency about forfeiture standards, and agreed with the FCC that entites need to bear their fair share of federal progams, but it says it strongly agrees with NCTA and others that it was an unlawful rule change without proper notice and comment under the APA.
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