`
`IN THE UNITED STATES COURT OF APPEALS
`FOR THE DISTRICT OF COLUMBIA CIRCUIT
`
`CALIFORNIA PUBLIC UTILITIES
`COMMISSION,
`Petitioner,
`
`v.
`FEDERAL COMMUNICATIONS
`COMMISSION and the UNITED STATES
`OF AMERICA,
`Respondents.
`
`Case No. 21-_____
`1016
`
`PETITION FOR REVIEW
`
`Pursuant to 5 U.S.C. § 706, 47 U.S.C. § 402(a), 28 U.S.C. §§ 2342(l) and
`
`2344, Federal Rule of Appellate Procedure 15, and Circuit Rule 15, the California
`
`Public Utilities Commission (CPUC) hereby petitions this Court for review of the
`
`order of the Federal Communications Commission (FCC) captioned Restoring
`
`Internet Freedom; Bridging the Digital Divide for Low-Income Consumers;
`
`Lifeline and Link Up Reform and Modernization, Order on Remand, WC Docket
`
`Nos. 11-42, 17-108, 17-287, FCC 20-151 (rel. October 29, 2020) (“Order”). The
`
`regulations in the Order were published in the Federal Register on January 7, 2021.
`
`359373832
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`- 1 -
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`
`
`USCA Case #21-1016 Document #1880249 Filed: 01/14/2021 Page 2 of 4
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`See, 86 Fed. Reg. 994. A copy of the full text of the Order is attached with this
`
`petition.
`
`
`
`Venue is proper in this Court pursuant to 28 U.S.C. § 2343. The CPUC
`
`participated in the proceedings that led to the Order and has standing to seek
`
`review of the Order under 28 U.S.C. § 2344 as a party aggrieved by the Order.
`
`
`
`The CPUC seeks a determination by this Court that the Order is arbitrary,
`
`capricious, and an abuse of discretion within the meaning of the Administrative
`
`Procedure Act, 5 U.S.C. § 701 et seq.; violates federal law, including, but not
`
`limited to, the Constitution, the Communications Act of 1934, as amended, and
`
`FCC regulations promulgated thereunder; conflicts with the notice-and-comment
`
`rulemaking requirements of 5 U.S.C. § 553; and is otherwise contrary to law.
`
`
`
`Accordingly, the CPUC respectfully requests that this Court hold unlawful,
`
`vacate, enjoin, and set aside the Order, and that it provide such additional relief as
`
`may be appropriate.
`
`
`
`The CPUC is filing this petition within ten days of publication of the
`
`summary of this Order in the Federal Register, and thus requests to be included in
`
`the judicial lottery procedure under 28 U.S.C. § 2112(a). See also, 47 C.F.R.
`
`§ 1.13 and l.4(b)(1).
`
`
`
`
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`359373832
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`- 2 -
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`
`
`USCA Case #21-1016 Document #1880249 Filed: 01/14/2021 Page 3 of 4
`
`Dated: January 14, 2021
`
`
`
`Respectfully submitted,
`
`By:
`
`
`
`AROCLES AGUILAR, SBN 94753
`HELEN M. MICKIEWICZ, SBN 123184
`KIMBERLY J. LIPPI, SBN 185043
`
`/s/ Kimberly J. Lippi
`
`KIMBERLY J. LIPPI
`
`California Public Utilities Commission
`505 Van Ness Avenue
`San Francisco, CA 94102
`Telephone: (415) 703-5822
`Facsimile: (415) 703-2262
`
`Attorneys for Petitioner California
`Public Utilities Commission
`
`359373832
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`- 3 -
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`
`
`USCA Case #21-1016 Document #1880249 Filed: 01/14/2021 Page 4 of 4
`
`
`CERTIFICATE OF SERVICE
`I hereby certify that, on January 14, 2021, I caused a copy of the foregoing
`
`
`
`Petition for Review to be served on the following counsel by the manner indicated:
`
`By First Class Mail and Electronic Mail
`Thomas M. Johnson, Jr.
`Office of General Counsel
`Federal Communications Commission
`445 12th Street, S.W.
`Washington, D.C. 20554
`LitigationNotice@fcc.gov
`
`
`By First Class Mail
`Hon. Jeffrey A. Rosen
`Acting Attorney General of the United States
`U.S. Department of Justice
`950 Pennsylvania Ave., N.W.
`Washington, D.C. 20530
`
`
`/s/ Kimberly J. Lippi
`
`KIMBERLY J. LIPPI
`
`
`
`
`
`
`
`
`
`
`359373832
`
`
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