The House sponsors of last year’s Universal Service Fund overhaul bill support the FCC acting on the industry USF agreement brokered by USTelecom. Rep. Lee Terry, R-Neb., no longer plans to move USF legislation, aide Brad Schweer told us Wednesday. He said that Terry “will now be encouraging the FCC to produce details that reflect suggestions” proposed by the industry group. Terry’s former co-sponsor Rick Boucher agreed that the commission should move forward on its own.

The Universal Service Fund “is not materially increased by requiring very small companies to contribute,” the American Association of Paging Carriers said in a telephone conference with Wireline Bureau staff. The association “pointed out that the exemption level of $10,000 has remained unchanged since the USF was implemented as a result of the Telecommunications Act of 1996,” according to an ex parte released Thursday in docket 09-229. “AAPC further noted that some of its members include small companies with paging service revenues of less than $1 million,” the group said. “Using the 12% ’safe harbor’ interstate allocation allowed by the Commission, the contribution factor of 5.9% for the first quarter of 2000 exempted carriers from contributing to USF until they generated approximately $1.425 million in total service revenues. However, using the ’safe harbor’ allocation during the current quarter, the contribution factor of 14.4% requires contributions from carriers with as little as $590,000 in total service revenues. Similarly, the highest contribution factor to date (15.5%, during the first quarter of 2011) required carriers using the ’safe harbor’ allocation to contribute to USF with as little as $538,000 in total service revenues."

A handful of rural rate-of-return telco executives took aim at the USTelecom-led efforts to create cost models for Universal Service Fund and intercarrier compensation regime reforms, an ex parte notice released Monday showed. USTelecom had brought in analyst CostQuest to create cost models as it continues to lead industry-wide talks on wholesale reform. CostQuest executives have been sitting in on ex parte meetings since at least May to discuss some of their findings (CD May 24 p14).

The FCC shouldn’t get bogged down in questions of how to classify text messaging for Universal Service Fund contributions or any other piecemeal approach to universal service contribution reform, USTelecom warned the commission in comments posted to docket 06-122 and released Tuesday. “Universal service contribution issues need to be addressed in a comprehensive proceeding, not through ad hoc proceedings, such as those for which the Commission requests comment here,” USTelecom executives David Cohen and Jonathan Banks wrote in their comments.

Small carriers, wireline and wireless, opposed to reverse auctions as part of Universal Service Fund overhaul could be fighting a losing battle in an effort to reverse a move in that direction by the commission. FCC Chairman Julius Genachowski appears to have at least three votes in favor of a controversial reverse auction plan, FCC and industry officials said.

With less than four months to go before an FCC-promised deadline for Universal Service Fund and intercarrier compensation regime reforms, industry appears to be divided on how to fix the system. The American Cable Association, for instance, said its “diverse and interested membership” meant the association “has had to navigate and balance strongly competing interests, while ensuring any policy proposals are in the public interest.” The FCC’s proposed rewrites at least “provide a good starting point to bring broadband to unserved areas, and, through refinements and targeted rebalancing, there is the potential to adopt reforms this year to reorient the High-Cost fund to improve efficiency and achieve universal broadband service,” ACA said in its comments. All comments were posted to dockets 10-90, 09-51, 07-135, 05-337, 01-92, 96-45 and 03-109.

The FCC should “immediately” tackle phantom traffic and traffic pumping but should provide “careful transitions” as it reforms the Universal Service Fund and intercarrier compensation regimes with “great care,” USTelecom said in comments posted to dockets 10-90, 09-51, 07-135, 05-337, 01-92, 96-45 and 03-109. “Until targeted universal service support provides sufficient explicit funding for networks in high-cost areas, any mandated rate reductions must be coupled with a reasonable opportunity for providers to replace the revenues lost … through a combination of increased retail rate flexibility and a supplement fund,” USTelecom said. USTelecom is leading talks to try to come up with an industry-wide reform. But the commission has made clear that it wants to move to orders on USF and intercarrier comp distribution by the end of the summer. “Intercarrier compensation reform must be accomplished by providing opportunities for carriers to replace lost revenues in order to allow the continuation of support for networks, particularly those in high-cost rural areas,” USTelecom said in Monday’s comments.

The North Carolina Utilities Commission should rule it has authority to require wireless carriers and VoIP providers to contribute to a proposed Universal Service Fund, AT&T North Carolina, the RLEC Coalition and the North Carolina Telephone Membership Corporations said. The commission has the authority to mandate such contributions and that “any fund that exempts these technologies will create a mechanism that is not technologically and competitively neutral and will impose a disproportionate burden on certain consumers, which is greater than necessary,” they said in a joint filing. The decision regarding whether certain parties can be legally required to participate in a USF that’s related to a comprehensive intrastate access revamp isn’t ripe for a decision and “must not be addressed at this time,” said the North Carolina Cable Telecom Association (NCCTA). Should the commission decide that the matter is “ripe,” NCCTA asked the commission to issue an order concluding that the agency doesn’t have the legal authority to establish a “revenue recovery” fund as commended by the Movants, the group said. Verizon agreed, saying “not only is this issue not ripe for review, but the requested ruling would violate North Carolina law, which exempts these categories of services from Commission regulation.” Even if the issue were ripe for decision, the commission doesn’t have the authority to require wireless carriers, VoIP providers and interexchange carriers to pay into a universal service fund, Verizon said. The state’s General Assembly has exempted wireless, VoIP and interexchange services from commission jurisdiction, the telco said. The commission initiated the proceeding in 2009 when Sprint Nextel petitioned to reduce intrastate access rates of ILECs, requesting that the commission reduce ILECs’ access rates to cost, or alternatively, to parity with the ILECs’ corresponding interstate access rates. Commission staff said in a filing that the issue of whether the commission has the authority to compel wireless carriers, interconnected VoIP providers, and IXCs to contribute to a state USF is ripe for adjudication. A decision by the commission on the issue would determine the parties to any further proceeding and frame and narrow the issues, the staff said.

The North Carolina Utilities Commission should rule it has authority to require wireless carriers and VoIP providers to contribute to a proposed Universal Service Fund, AT&T North Carolina, the RLEC Coalition and the North Carolina Telephone Membership Corporations said. The commission has the authority to mandate such contributions and that “any fund that exempts these technologies will create a mechanism that is not technologically and competitively neutral and will impose a disproportionate burden on certain consumers, which is greater than necessary,” they said in a joint filing. The decision regarding whether certain parties can be legally required to participate in a USF that’s related to a comprehensive intrastate access revamp isn’t ripe for a decision and “must not be addressed at this time,” said the North Carolina Cable Telecom Association (NCCTA). Should the commission decide that the matter is “ripe,” NCCTA asked the commission to issue an order concluding that the agency doesn’t have the legal authority to establish a “revenue recovery” fund as commended by the Movants, the group said. Verizon agreed, saying “not only is this issue not ripe for review, but the requested ruling would violate North Carolina law, which exempts these categories of services from Commission regulation.” Even if the issue were ripe for decision, the commission doesn’t have the authority to require wireless carriers, VoIP providers and interexchange carriers to pay into a universal service fund, Verizon said. The state’s General Assembly has exempted wireless, VoIP and interexchange services from commission jurisdiction, the telco said. The commission initiated the proceeding in 2009 when Sprint Nextel petitioned to reduce intrastate access rates of ILECs, requesting that the commission reduce ILECs’ access rates to cost, or alternatively, to parity with the ILECs’ corresponding interstate access rates. Commission staff said in a filing that the issue of whether the commission has the authority to compel wireless carriers, interconnected VoIP providers, and IXCs to contribute to a state USF is ripe for adjudication. A decision by the commission on the issue would determine the parties to any further proceeding and frame and narrow the issues, the staff said.

A broad state role is critical to modernize and streamline Universal Service and Intercarrier Compensation policies, state members of the Federal-State USF Joint Board told an FCC workshop Thursday. Speakers debated proposed changes in fund size.