Aureon Network Services urged the FCC to ensure viability of centralized equal access (CEA) service in any intercarrier compensation rules flowing from last week's NPRM (see 1806060010). Aureon (Iowa Network Services) said its CEA fiber network concentrates traffic of more than 200 rural telcos at an interconnection point in Des Moines, helping RLECs compete with "former monopoly services" of AT&T and CenturyLink in delivering broadband and cable TV. "The NPRM proposes new rules that would remove a substantial volume of traffic from the CEA network," Aureon said on discussions with aides to Chairman Ajit Pai and Commissioner Jessica Rosenworcel, posted Wednesday in docket 18-155. "Aureon may need to charge a per minute CEA tariff rate above the CLEC rate benchmark being investigated in WC Docket No. 18-60 to offset such a large decrease in traffic volume." Staff is probing Aureon access charge tariff revisions -- challenged by AT&T and Sprint -- to comply with a November order that partially granted an AT&T complaint alleging improper CEA charges on traffic heading to CLECs engaged in access stimulation (see 1804200054). "As traffic volume decreases, the per minute CEA rate must increase in order to recover the same fixed network costs," Aureon's filing said. "CEA service does not have end users from which Aureon can recover the costs of providing CEA service, and Aureon does not receive USF or [Connect America Fund] support for CEA service."
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.
Comments are due June 29, replies July 9 on petitions by OEConnect and Hughes (see here and here) to be designated eligible telecom carriers for Connect America Fund support under New York's New NY Broadband Program, said a FCC Wireline Bureau public notice Thursday.
TKC Holdings, Inmate Calling Solutions and Securus asked the FCC to OK transfer of control of ICSolutions from TKC to Securus. "The consummation of the Transaction will not result in an interruption, reduction, loss, impairment or disruption of ICS-provided services," said their application, posted Tuesday. "While the ownership of ICS will change, the management team will remain substantially the same" and "ICS will remain operational as a separate business from Securus, SCRS, and SCRS Parent. ... ICS will continue to honor its correctional facility customer contracts and in doing so will continue to provide and support the ICS technologies and services enjoyed by its customers."
USTelecom asked the FCC to stay and reconsider parts of a rural call completion order it adopted and released in April along with a Further NPRM (see 1804170025 and 1804180025). The ILEC group supports the order's requirements that covered providers monitor the performance of their intermediate providers and correct problems but seeks a stay of the monitoring rule (Section 64.2111) "during the pendency" of the further notice, said one petition posted Tuesday in docket 13-39. USTelecom said it would be irreparably harmed absent relief because the monitoring rule currently will take effect Oct. 17 regardless of whether the FCC has adopted obligations for intermediate providers. It's "unrealistic and counterproductive for the Commission to mandate monitoring requirements for non-safe-harbor providers by an arbitrary date before it has established the registration, self-monitoring and service quality standards for Intermediate Providers," the group said. "The Commission established its initial 6 month transition period after acknowledging that 'covered providers will need some time to evaluate and renegotiate contracts with Intermediate Providers in order to comply with the monitoring requirement.' However, those same contracts cannot be renegotiated or amended until all the parties have an understanding of the service quality standards for which Intermediate Providers must monitor." In another petition, USTelecom said "industry and consumers would be better served by reconsideration of the uncodified rules governing the monitoring obligations of non-safe-harbor providers."
The FCC should use Title VI authority to make clear regulatory authority of cable franchising authorities doesn't extend beyond cable, NCTA said in a docket 17-84 filing Tuesday. It said operators are running into demands by local governments for new authorizations and fees beyond the cable franchise and routine permits. It said the ruling should confirm that a franchise giving authority to build a cable system includes an OK to put in communications equipment to provide non-cable services without needing separate authorization or more fees. The FCC should declare local governments can't abuse the permitting process, such as through delays, as a roundabout way of forcing authorizations and fees from cable operators. NCTA said the FCC should declare that franchised cable operators have a right under Section 621(a)(2) of the Communications Act -- which covers rights of way and easements -- to use compatible utility easements and that owners of private easements can't restrict a franchised cable operator’s rights to use compatible easements. The association sought a declaratory ruling that any costs incurred by a cable operator and not reimbursed by a franchising authority are considered franchise fees treated differently from expenses incurred by other providers. NCTA said the agency has additional authority under Section 253, covering pre-emption of state laws, to address local and state laws that are barriers to broadband deployment.
The FCC aims to curb abuses of toll-free (8YY) number access charges in a Further NPRM released Friday and adopted at Thursday's monthly meeting by a 3-1 vote, with Commissioner Jessica Rosenworcel dissenting (see Notebook section at end of 1806070021).
The FCC granted temporary filing relief to centralized equal access providers South Dakota Network and Minnesota Independent Equal Access Corp., which sought waivers of a rule requiring them to submit biennial access tariff filings by July 1. "In light of the sua sponte waiver the Commission recently granted to another CEA provider, Iowa Network Access Division ... (Aureon), we find good cause exists for granting a three-month waiver to allow Petitioners to submit their biennial access tariff filings with an effective date of October 2," said a Wireline Bureau order Friday in docket 18-100.
Team Telecom asked the FCC to condition approval of Cincinnati Bell buying Hawaiian Telcom on commitments made by the acquirer to adhere to past Hawaiian Telcom undersea cable system obligations. If the conditions are adopted, the Department of Homeland Security, backed by DOD and DOJ, won't object to related communications license transfers, said their petition Thursday in docket 17-207. Cincinnati Bell said in a June 1 letter it will abide by Hawaiian Telcom 2012 assurances to DHS and DOJ on obligations for submarine cable systems in the Hawaiian Islands, and an HT 2017 agreement with DHS on its obligations for a Southeast Asia-U.S. submarine cable system. Cincinnati Bell said it will cooperate and "take all necessary steps to comply with the terms, conditions and requirements" of the 2012 assurances and 2017 agreement.
The FCC declared a Connect America Fund Phase I challenge process concluded for 185 previously unidentified census blocks in Virginia served by Consolidated Communications' FairPoint. The commission invited challenges to determine if unsubsidized competitors served any of the 185 census blocks with data speeds of at least 3 Mbps downstream and 768 kbps upstream as of April 27 (see 1804300027). "Having received no challenges, we now conclude this process and direct the Universal Service Administrative Company not to recover the support associated with the previously unidentified census blocks, to the extent that FairPoint has otherwise satisfied its deployment obligations with respect to those blocks," said a Wireline Bureau public notice in Wednesday docket 10-90.
Alabama Gov. Kay Ivey (R) asked for FCC help to free up $32.4 million in E-rate discounts that she said is being withheld from her state by Universal Service Administrative Co. "Payments have been held for fifteen months, no new funding commitments are being issued, and nearly six months have passed since USAC requested information from Alabama," she told Chairman Ajit Pai in a letter posted Tuesday in docket 13-184. "USAC has not provided any rationale or justification for withholding the E-rate payments." Alabama is concerned about the delays affecting 1,376 school and library sites and 692,515 students that rely on E-rate discounts, she said. The FCC is reviewing the letter, said a spokesman Wednesday. USAC and Ivey's office didn't comment.