CenturyLink plans to file an intercarrier compensation proposal in coming weeks to give paying carriers more say in routing traffic, and to be relieved of financial responsibility in some cases. "Inefficient and unwanted arbitrage in intercarrier compensation arrangements frequently is caused by a disconnect between the responsibility for determining how traffic should be routed and the financial responsibility," said a filing posted in docket 01-92 Tuesday on discussions with FCC Wireline Bureau staffers. Commission policies and rules should "be reformed in these circumstances so that a carrier with financial responsibility would also be able to decide how traffic is routed," it said, suggesting "shifting financial responsibility where a carrier declines to accept a request for direct interconnection for the purpose of terminating access traffic."
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.
The FCC granted Verizon Pennsylvania "limited waiver" to retire copper lines in fewer than the 180 days required under network-change notification rules. The waiver allows Verizon to implement network changes under the schedule of the Southeastern Pennsylvania Transportation Authority and the Pennsylvania Department of Transportation for replacing two bridges in Philadelphia May 1 and July 1, said a Wireline Bureau order in Tuesday's Daily Digest and docket 18-13.
Verizon urged more FCC streamlining of the process for discontinuing legacy voice services under Communications Act Section 214 as consumers switch to wireless and VoIP services. "A majority of consumers have already migrated to communications options other than traditional plain old telephone service," said a filing on a meeting with Wireline Bureau staffers posted Friday in docket 17-84. Preliminary Centers for Disease Control data for the first half of 2017 shows 52.5 percent of U.S. households no longer have any wireline phone service, and another 15.1 percent are "wireless mostly." Most remaining wireline customers have shifted away from legacy services, Verizon said, citing FCC Form 477 data as reflecting that about 61 percent of residential wireline retail voice phone service connections use interconnected VoIP: "It makes little sense to retain antiquated, burdensome discontinuance rules that make it difficult for providers to transition to the modern voice offerings that most consumers have embraced."
The FCC proposed a $5.32 million fine on Tele Circuit Network for apparently switching consumers' preferred carriers without their consent, adding unauthorized charges to their bills and engaging in other improper conduct, said a commission release Friday with Commissioner Mike O’Rielly partly dissenting (he didn't have a statement). "We find that Tele Circuit apparently: (i) engaged in deceptive marketing practices; (ii) changed the preferred telecommunications service providers of consumers without proper authorization verified in accordance with the Rules, including but not limited to by misleading consumers as to the Company’s identity or the nature of the Company’s proposed offerings (commonly known as 'slamming'); (iii) provided false and misleading material information to the Commission with respect to the foregoing practices; and (iv) placed unauthorized charges (commonly known as 'cramming') for its long distance service on consumers’ telephone bills," said a Notice of Apparent Liability. It also said Tele Circuit failed to fully respond to an Enforcement Bureau letter of inquiry, in violation of an agency order. Tele Circuit couldn't be reached for comment.
The FCC denied Alaska Communications Systems' reconsideration petition to change the "high-cost" definition of its Connect America Fund Phase II support. "The Commission required ACS to certify, in order to take advantage of that flexibility, that its minimum capital expenditure (capex) for each location in the 'low cost' census block was at least $5,000, whereas ACS asks that the threshold be lowered to $2,577.79," said a unanimous commissioner order Thursday in docket 10-90. "The Commission struck an appropriate balance in providing ACS some flexibility in meeting its service commitment, while ensuring that high-cost support is targeted to areas that need it most." The company didn't comment.
A pole-attachment case is up again for Supreme Court consideration Friday, said a notice on Ameren v. FCC in docket 17-819. Justices put off deciding whether to review the case at their last two Friday conferences. Ameren and other electric utilities filed a cert petition seeking review of an 8th U.S. Court of Appeals ruling that upheld a November 2015 FCC order aimed at driving down telecom pole-attachment rates to cable rate levels (see 1707310065 and 1511240071).
Electric utilities slammed two USTelecom FCC pole-attachment filings: a March 22 letter and a Nov. 21, report (see 1711220012). The telco group "relies upon irrelevant data, misunderstands the few relevant data points within its own report, and -- as is the case with the entire ILEC argument in this docket -- completely omits critical facts and data," said a filing posted Wednesday in docket 17-84 by Ameren Services, American Electric Power Service, Duke Energy, Entergy, Oncor Electric Delivery, Southern Co., Tampa Electric and Westar Energy. USTelecom's "entire message is premised upon the false assumption that a difference in 'rates' necessarily translates into a difference in competitive advantage," the utilities said. The association "takes the inaccurately narrow view that the only relevant contractual term for purposes of evaluating competitive neutrality is the recurring rate," they said. "The recurring rate is only one piece of a much larger, sophisticated puzzle." The utilities said USTelecom data shows ILEC contributions to pole costs dropped since 2008 as they own fewer poles; its "report relies on a contrived narrative regarding the threat of removal of attachments;" proposed rule 1.1424 revisions "would distort competition and disrupt broadband deployment;" and its submissions "trade in the myths of 'repeated disputes' and 'inadequate bargaining power.'" USTelecom didn't comment.
FCC staff detailed "tariff review plan" to be used by all ILECs "to support interstate access service tariff revisions" in 2018. The TRP materials reflect implementation of transitional rate changes and recovery rules from a 2011 USF and intercarrier compensation overhaul order, said a Wireline Bureau order Wednesday in docket 18-100. Rate-of-return TRPs also include implementation of USF changes and related tariffing filing obligations from a 2016 overhaul order and a Feb. 15 reconsideration order. An April 5 bureau order on tariff procedures set the schedule for 2018 submissions: 15-day tariff filings are due June 18, petitions June 25, and replies June 28; 7-day filings June 26, petitions June 27 (at noon EDT), replies June 29 (at noon EDT); and both types take effect July 3 unless blocked by the FCC.
The FCC should "address barriers to both fiber and small cells," said an Incompas filing posted Monday in docket 17-79 on a meeting with Commissioner Brendan Carr. "The Commission should use its authority to establish guardrails around what are reasonable fees and timeframes, with an effective enforcement mechanism, for state and local government to act on licensing and franchise agreements to be in rights-of-way." Incompas CEO Chip Pickering and others urged the FCC "to quickly adopt a one-touch, make-ready (OTMR) process for pole attachments" as recommended by the Broadband Deployment Advisory Committee. Reject incumbent provider proposals "that would gut the OTMR proposal, such as allowing them to escape their public policy obligations through private contracts, indemnification provisions for consequential or punitive damages, and allowing existing attachers to pre-select the contractors used," it said, citing letters from AT&T, the Communications Workers of America and NCTA. Pressing for access to multiple tenant environments (MTEs), Incompas sought consideration of "a new rulemaking proceeding that would prohibit practices that amount to an end-run around the Commission’s current rules," and said the agency should "encourage, rather than consider preemption of ... laws that promote competitive entry to MTEs, like Article 52 of the San Francisco Police Code."
Incompas challenged the FCC net neutrality repeal order at the U.S. Court of Appeals for the D.C. Circuit. "The FCC abandoned its long-held, bipartisan jurisdiction to ensure an open internet," and its "net neutrality principles of no blocking, no throttling, no paid prioritization and strong interconnection policies," said the group's release Tuesday on a petition filed Monday. It raised procedural objections to FCC denial of its attempt to include in the record findings from previous DOJ and FCC merger reviews that "demonstrated ISPs' incentive and ability to engage in behaviors that threaten an open internet." The Digital Justice Foundation filed a motion (in Pacer) Monday to intervene without supporting either side, saying it has what's "likely to be a unique legal position on the order." The Wireless Internet Service Provider Association filed a motion (in Pacer) recently to intervene in support of the FCC.