Justia Utilities Law Opinion Summaries

Articles Posted in US Court of Appeals for the Tenth Circuit
Blanca Telephone Company was a rural telecommunications carrier based in Alamosa, Colorado. To be profitable, Blanca must rely in part upon subsidies from the Universal Service Fund (USF), a source of financial support governed by federal law and funded through fees on telephone customers. And in order to receive subsidies from the USF, Blanca must abide by a complex set of rules governing telecommunications carriers. The Federal Communications Commission began an investigation in 2008 into Blanca’s accounting practices, and identified overpayments Blanca had received from the USF between 2005 and 2010. According to the FCC, Blanca improperly claimed roughly $6.75 million in USF support during this period for expenses related to providing mobile cellular services both within and outside Blanca’s designated service area. Blanca was entitled only to support for “plain old telephone service,” namely land lines, and not for mobile telephone services. The FCC issued a demand letter to Blanca seeking repayment. to Blanca seeking repayment. The agency eventually used administrative offsets of payments owed to Blanca for new subsidies to begin collection of the debt. Blanca objected to the FCC’s demand letter and sought agency review of the debt collection determination. During agency proceedings, the FCC considered and rejected Blanca’s objections. Before the Tenth Circuit, Blanca challenged the FCC’s demand letter. And Blanca claimed the FCC's decision should have been set aside because: and subsequent orders on a number of grounds. Blanca claims the FCC’s decision should be set aside because: (1) it was barred by the relevant statute of limitations; (2) it violated due process; and (3) it was arbitrary and capricious. The Tenth Circuit concluded the FCC’s debt collection was not barred by any statute of limitations, Blanca was apprised of the relevant law and afforded adequate opportunity to respond to the FCC’s decision, and the FCC was not arbitrary and capricious in its justifications for the debt collection. Accordingly, the Court affirmed the FCC. View "Blanca Telephone Company v. FCC" on Justia Law