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3 days ago Last Thursday, the Federal Circuit ruled on a challenge brought by Sandwich Isles Communications Inc. (SIC) against the federal government over its request that SIC pay back tens of millions of dollars in subsidies received from aid pools. The court found, as the U.S. Court of Federal Claims previously had, that the tribunal lacked subject matter jurisdiction over the case. The opinion explained that SIC was formed in the mid-1990s to provide telecommunications services to native Hawaiians. In 1997, SIC received a federal designation to do so and served rural communities in Hawaii by leasing capacity on an existing undersea cable. For certain leasing expenses, SIC sought and received millions of dollars in subsidies from the National Exchange Carrier Association (NECA) pool, a fund intended to support providers in high-cost areas. ....
Commentary 2021 is well underway and the new leadership at the FCC is taking shape. While we don’t yet know who will fill the Chair on a permanent basis, the FCC under Acting Chairwoman Rosenworcel is proceeding without delay. On the Universal Service front, the principal activity surprisingly has as much to do with non-USF programs as with the USF itself. Yes, the $9 billion per year fund with its four primary programs continues to serve broadband needs in the country. And it is true that the FCC has extended many COVID-19 waivers and is considering additional waivers such as a proposal to allow E-rate funds to be used for off-campus purposes. But the big news of 2021 is turning out to be the ....