Last year, our attorney filed comments on behalf of the National Lifeline Association in support of an Emergency Petition for Declaratory Ruling that requested FCC preemption of state laws that impose 911 fees and taxes on no-charge lifeline services filed by TracFone Wireless. The FCC has not yet ruled on this petition.
On March 13th, 2015, TracFone filed a supplement requesting that the FCC, if unwilling to preempt state laws, commence a rulemaking proceeding to disseminate rule revisions that would prohibit any state or local taxes on Lifeline services where the effect of such taxation would be to reduce the net Lifeline support received by the customer to levels below those mandated by the FCC.
We will continue to monitor this proceeding and keep members updated. Feel free to post comments and share your thoughts.