The FCC should fully fund model-based and cost-based rate-of-return USF mechanisms before considering a second Alternative Connect America Cost Model (ACAM) offer with new demands, said WTA in meetings with aides to Chairman Ajit Pai and Wireline Bureau staffers, posted Friday in docket 10-90 (here, here). The RLEC group also discussed "implementation and technical and economic feasibility of potential changes to associated broadband build-out obligations" and "potential impact of the growth of Customer Broadband Only Line ('CBOL') services upon cost-based RoR budgets and budget control." Hargray Communications urged adoption of consensus RoR budget hike proposals from NTCA, USTelecom, ITTA and WTA (see 1810010045). "Current funding uncertainty is deterring investment" that could help close the digital divide, it said on a discussion with bureau staffers. It opposed "arbitrary reductions" in support for seven years, "the term of many commercial loans."
Ian Cohen
Ian Cohen, Deputy Managing Editor, is a reporter with Export Compliance Daily and its sister publications International Trade Today and Trade Law Daily, where he covers export controls, sanctions and international trade issues. He previously worked as a local government reporter in South Florida. Ian graduated with a journalism degree from the University of Florida in 2017 and lives in Washington, D.C. He joined the staff of Warren Communications News in 2019.
Native American Telecom CLECs asked the FCC not to further cut intercarrier compensation helping rural carriers serve high-cost areas. The CLECs have "infrastructures with affordable broadband services offerings that have attracted, for the first time, new business development on the Pine Ridge and Crow Creek reservations" in South Dakota, said a filing posted Friday in docket 18-155 on a meeting with Wireline Bureau staffers about a June NPRM proposing steps to curb arbitraging (see 1806060010). The FCC should maintain tandem and transport access charges and require reciprocal compensation for any direct connections between rural telcos and other telecom providers, including interexchange carriers, said a presentation. With terminating access fees already being phased out, it said "any further erosion of revenue" for rural carriers "would be devastating."
The FCC gave CSDVRS and Purple Communications an extension to April 30 of an at-home video relay service call-handling pilot program previously set to expire Wednesday. The Consumer and Governmental Affairs Bureau noted the FCC is considering whether to authorize the program permanently. The voluntary program allows compensation payments "to authorized VRS providers, subject to specified safeguards, for VRS minutes served by at-home communications assistants," said an order in docket 10-51 and Thursday's Daily Digest. It cited ZVRS evidence that "at-home interpreting has improved the reliability, redundancy, effectiveness, and efficiency" of service but had startup and other costs as the program's scale increased. "These efforts will be largely wasted if there is a significant lapse in the program," it said. Sorenson Communications opposed ZVRS's request for a two-year extension (see 1810220028).
Qwest (CenturyLink) opposed a Free Conferencing request the 8th U.S. Circuit Court of Appeals rehear a 2-1 panel ruling that FC intentionally interfered with Qwest's tariff contract with local carrier Tekstar (see 1810220042). Qwest disputed FC arguments the ruling conflicted with a 2016 8th Circuit decision (Qwest I). "There is no inconsistency between the two cases, and no conflict for the Court to resolve," Qwest responded (in Pacer) in Qwest v. Free Conferencing, No. 17-2412.
Free Press slammed FCC Chairman Ajit Pai’s response to last year’s hurricane in Puerto Rico (see 1711010012), meeting with Commissioner Jessica Rosenworcel. Free Press staffers recently were in Puerto Rico, said a filing in docket 18-143. “We contrasted the rapid and welcome calls for action from the current FCC chairman, in response to recent storm damage in Florida, with his sadly predictable lack of enthusiasm for getting to the bottom of longterm outages in Puerto Rico or learning what might have been done to mitigate the damage.” The FCC didn't comment Wednesday.
House Commerce Committee Chairman Greg Walden, R-Ore., and House Communications Subcommittee Chairman Marsha Blackburn, R-Tenn., wrote FCC Chairman Ajit Pai seeking a committee staff briefing on USTelecom's petition for incumbent telco relief from mandatory wholesale unbundling discounts, resale and other duties. Telco rivals, state regulators and consumer advocates say it would undermine competition (see 1808070024). Walden and Blackburn told Pai they also want the FCC to brief the committee on the agency's Connect America Fund Phase II subsidy auction. An FCC spokesman said the agency is working to set the briefing.
Comments are due Nov. 28, replies Dec. 13 "on expanding a list of key applications and functionalities for which a carrier must demonstrate interoperability when requesting to discontinue a legacy voice service pursuant to the adequate replacement test," said an FCC Office of Engineering and Technology and Wireline Bureau public notice Monday in docket 13-5. The test allows a telecom carrier "to discontinue voice service as part of a technology transition if the carrier can establish, among other things, that the available replacement service satisfies a three-prong test to ensure that it constitutes an adequate replacement for the service that the carrier is seeking authority to discontinue," the PN said.
The National Tribal Telecommunications Association recommended changes to USF support mechanisms for carriers serving predominantly rural tribal areas, in a report filed Thursday at the FCC in docket 10-90. NTTA "proposes a Tribal Area Solution to revise current federal universal service programs for [rate-of-return] carriers. These revisions, proposed for the High Cost Loop Support, Connect America Fund Broadband Loop Support, and Alternative Connect America Cost Model support programs, recognize the unique challenges faced by carriers serving rural Tribal areas of the lower 48 states in the country.” Efforts to help tribal areas appear on paper to be “fairly substantial,” the group said: “However, the facts are clear -- Tribal areas, especially rural Tribal areas in the lower 48 states, lag significantly behind the rest of the country in regards to broadband availability.”
The FCC needs to revise the USF in way that's “sufficient and predictable,” said NTCA and Golden West Telecommunications CEO Denny Law in meetings with aides to all four FCC commissioners and staff from the Wireline Bureau, said an ex parte filing posted Thursday in docket 10-90. Stakeholders have shown “overwhelming support” for “longer-term funding to promote universal service in rural areas,” the filing said. The agency also needs to “ensure the sustainability of any budgets adopted” to provide incentives to invest in broadband “for the benefit of rural consumers,” the filing said.
FCC Wireline Bureau Chief Kris Monteith said staff is examining USF contribution issues. "I think you'll see us acting" on USF contributions in the relatively near future, she said Thursday at an FCBA event. "It is being worked on." She said Chairman Ajit Pai is focused on all USF programs and mechanisms and "how we can do better." Asked about a Lifeline rulemaking and possible action, Monteith "would expect you'd see something in the near term." Deputy Bureau Chief Lisa Hone said staff is particularly focused on matters that have deadlines, such as disputes over Aureon Network Services and South Dakota Network tariff filings and on a possible extension of a jurisdictional separations freeze that expires at year-end. Bureau officials noted Pai's goal of acting by year's end to firm up rural telco USF support mechanisms. Among the lobbying tips officials offered attorneys: when scheduling ex parte meetings, let the bureau know with some specificity the topic to be discussed so the appropriate staffers can attend; let staff know upfront if parties need action by a date certain; if parties have complaints about bureau actions, let the bureau know before going to commissioner offices; and make ex parte filings as complete as possible, because sometimes valuable input is provided in meetings but not cited in filings, meaning the FCC can't officially rely on it in making decisions.