CTIA—The Wireless Association v. Echols

2013 WL 6633177 (2013)

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CTIA—The Wireless Association v. Echols

United States District Court for the Northern District of Georgia
2013 WL 6633177 (2013)

Facts

The federal Lifeline program offers subsidies to eligible telecommunications carriers (ETCs) for providing discounted or free phone services to low-income households. Governing federal regulations limit eligibility to one subsidized phone line per household. The Georgia Public Service Commission (GPSC) (defendant) determined that some households fraudulently used more than one free or discounted subsidized line by signing up for the Lifeline program with multiple ETCs. To discourage this practice, the GPSC adopted an amended rule requiring each ETC to either (1) bill Lifeline customers a minimum rate of $5 per month or (2) provide a minimum of 500 minutes of use per month. CTIA—The Wireless Association (CTIA) (plaintiff) sued GPSC Commissioner Tim Echols (defendant), seeking a preliminary injunction preventing the GPSC from effectuating the rule, arguing that the rule is a rate regulation prohibited by the Federal Communications Act of 1934 (the act). The GPSC contended that the rules’ requirements did not regulate rates in violation of the act.

Rule of Law

Issue

Holding and Reasoning (Story, J.)

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