National Lifeline Association v. FCC (ORDER) ( 2019 )

United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT ____________ No. 18-1026 September Term, 2018 FCC-17-155 FCC-83FR2104 Filed On: April 10, 2019 National Lifeline Association, et al., Petitioners v. Federal Communications Commission and United States of America, Respondents ------------------------------ Oceti Sakowin Tribal Utility Authority, Intervenor ------------------------------ Consolidated with 18-1080 BEFORE: Rogers and Griffith, Circuit Judges; Randolph, Senior Circuit Judge ORDER Upon consideration of the unopposed motion of the FCC to amend opinion, it is ORDERED that the opinion issued February 1, 2019, be amended as follows: Slip Op., p. 27, delete the last paragraph of the opinion and insert in lieu thereof: “Accordingly, because the Commission's adoption of the Tribal Facilities Requirement and Tribal Rural Limitation was arbitrary and capricious, the court grants the petitions and vacates the 2017 Lifeline Order as challenged in the petitions, and remands the matter to the Commission for a new notice-and-comment rulemaking proceeding." The Clerk is directed to issue the amended opinion and to amend the judgment issued February 1, 2019. The Clerk is further directed to issue the mandate forthwith. Per Curiam FOR THE COURT: Mark J. Langer, Clerk BY: /s/ Ken Meadows Deputy Clerk