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Texas Office of Public Utility Counsel v. Federal Communications Commission

The court upholds most parts of the CALLS Order, but remands to the FCC the parts of the order affecting the $650 million Universal Service Fund and the 6.5 percent X-Factor on price caps.

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On Petition for Review of a Final Order of the Federal Communications Commission

This petition for review of the CALLS Order*fn2 represents the latest challenge to the Federal Communication Commission’s implementation of the Telecommunications Act of 1996, Pub.L. No. 104-04, 110 Stat. 56 (codified as amended in scattered sections of title 47, United States Code) (“1996 Act”). The Texas Office of Public Utility Counsel (“TOPUC”) and the National Association of State Utility Consumer Advocates (“NASUCA”), along with intervenor Consumer Federation of America (“CFA”) (collectively, “Petitioners”), claim that the CALLS Order violates the procedural requirements of the Administrative Procedure Act, 5 U.S.C. � 706(2)(A) as well as the substantive provisions of the 1996 Act. We affirm the CALLS Order in most respects, but we remand for further analysis the portions regarding the $650 million Universal Service Fund and the X-Factor.

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