The MN Public Utilities Commission just posted the Commission’s action and order subsequent to their meeting on November 16, 2022 pm the Petition to initiate a proceeding to revoke the expanded eligible telecommunications carrier designation of LTD Broadband LLC and deny LTD’s funding certification for 2023. I wrote about the meeting on that date so the following isn’t news, but it is official. The 7-page document gives a concise history of the petition. I’ll just include the Commission action and order…
Commission Action
Under the regulatory framework for the federal Universal Service Fund, the Commission has the distinct and essential responsibility to designate ETCs within Minnesota when doing so is in the public interest. Multiple commenters have stated that LTD’s expanded ETC designation is harming the public interest by complicating and impeding efforts to obtain other federal and state funding for broadband deployment in the affected communities.
The Commission agrees with the Petitioners and other commenters that suspending LTD’s expanded ETC designation for the duration of this proceeding will serve the public interest by clearing up some of the regulatory uncertainty surrounding LTD’s RDOF award. Regardless how the FCC rules on LTD’s application for review, communities in LTD’s expanded ETC area are currently facing obstacles to seeking other broadband funding because LTD’s federal proceeding remains undecided for an indeterminate length of time. This regulatory uncertainty, combined with the seriousness of the claims against LTD and the importance of developing broadband networks in these communities, weighs in favor of suspending LTD’s expanded ETC designation during the pendency of this proceeding. The Commission will therefore grant the Petitioner’s motion to suspend LTD’s RDOF ETC designation previously granted by the Commission.
ORDER
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The Commission lifts the stay imposed pursuant to the Administrative Law Judge’s January 18, 2023, Third Prehearing Order.
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The Commission refers the matter back to the Office of Administrative Hearings with the request that the matter be restarted following the procedure outlined in the Commission’s August 16, 2022, Notice and Order for Hearing.
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The Commission grants the Petitioner’s motion to suspend LTD’s RDOF ETC designation previously granted by the Commission.
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This order shall become effective immediately.