There’s no reason for the FCC to delay approval and release of an order that would allow states to require providers of nomadic VoIP service to contribute to state universal service funds, NARUC said in an FCC filing. Some providers seek a rulemaking to further delay their “obligations” to pay -- as their competitors pay -- to support state programs, NARUC said. They have raised as an issue -- “the unlikely scenario that one or more consumers -- in theory -- might actually pay into two state programs,” it noted. Currently, at least one state requires the in-state USF revenue identification to be based on billing addresses and at least one other State requires revenue identification to be based on primary service address. However, this “unlikely scenario” provides no basis for delay or a drawn out rulemaking, NARUC said, saying there’s no evidence in the record that this circumstance has actually occurred or “even likely to occur.” The group cited Sandy Reams, managing auditor for the Kansas Corporation Commission, saying Kansas is the only state currently assessing nomadic interconnected VoIP providers for state USF purposes. So no conflict between the revenue-identification methods currently exists. Reams also noted once the FCC issues an order and Nebraska and New Mexico implement the assessment on providers of nomadic interconnected VoIP service, it will be rare for a carrier to be assessed on the same revenue by two different states. The nomadic carriers have raised “an unsupported allegation as a fact” -- that a significant quantum of customers may be subject to overlapping state assessments -- as a defense to complying with what the FCC has found to be clear Congressional intent that Vonage contribute to state programs, NARUC said. Vonage (or other nomadic carriers) are the only parties to this proceeding in a position to demonstrate if the claim is true, it said. Vonage has provided no evidence a single customer in any state is in a position to be actually harmed based on the methods suggested by the Nebraska and Kansas commissions (or any other actual State commission rule or proposed rule), NARUC said. Additionally, if it actually does happen, the states will assure the affected customer “is made whole.” Two of the states involved have already specified, in the unlikely case that such a circumstance rises, they will work together to assure the consumer is not harmed. “In the unlikely event that a double assessment actually does occur,” the states can provide a credit to a carrier that is assessed twice on the same revenue,” it said. Meanwhile, states have successfully worked together on the issue for wireless providers, and that’s strong evidence that to the extent that any double billing issue arises, it will be readily resolved by the states’ collaboration, NARUC said.

The FCC is putting out feelers to industry leaders and interest groups on the Universal Service Fund contributions formula, industry lobbyists said and records show. The commission said in April it was overhauling broadband regulations and overhauling the service fund and has said it plans a rulemaking notice in the fourth quarter. In recent days, lobbyists and industry leaders have been at the FCC for various ex parte meetings.

A Universal Service Fund overhaul “would best be grounded on classification of broadband Internet connectivity as a telecommunications service” by the FCC, said the Media Access Project in a meeting last week with the Wireline Bureau. “Such a decision would minimize the chance of an anomalous and undesirable outcome in which the Commission plausibly might require contributions from broadband providers but have no authority to provide explicit support for broadband deployment and adoption.” MAP can’t yet endorse either revenue-based or numbers-based contribution to USF, because of the current legal uncertainty about the commission’s broadband authority, it said. Whatever method is chosen, the group said it shouldn’t “increase the relative contribution burden passed through to providers’ residential subscribers, nor promote more regressive assessments."

Imposing Universal Service Fund obligations on satellite providers that don’t receive USF support isn’t a “fair or rational way” to provide broadband to remote areas, a group of satellite companies said at a meeting with the Wireline Bureau’s Telecommunications Access Policy Division. Inmarsat, Iridium, Intelsat, SES World Skies, Spacenet and WildBlue representatives were at the meeting, an ex parte filing said. The satellite companies urged the bureau to “think broadly about alternative contribution methodologies,” though each would raise definition and classification questions, the filing said.

The FCC should formally deny states’ regulatory authority over entry, rates and other conditions of VoIP services, said a group of 12 Internet, telecom and VoIP companies, Thursday. Google, AT&T, Verizon, Skype, Microsoft and eight other companies and associations asked the FCC to “exercise caution” as it considered a petition filed by the Kansas and Nebraska commissions to require interconnected VoIP providers to pay state universal service fees.

The FCC should formally deny states’ regulatory authority over entry, rates and other conditions of VoIP services, said a group of 12 Internet, telecom and VoIP companies, Thursday. Google, AT&T, Verizon, Skype, Microsoft and eight other companies and associations asked the FCC to “exercise caution” as it considered a petition filed by the Kansas and Nebraska commissions to require interconnected VoIP providers to pay state universal service fees.

The FCC Thursday put forward a list of 64 items for FCC action, along with time lines. The list includes most of what was recommended by the National Broadband Plan, released last month. The FCC had a similar list of items to work from when it implemented the 1996 Telecom Act, said a former FCC official. Eighth floor advisers were briefed on the plan Wednesday.

Proposals to overhaul the Universal Service Fund mechanism including eliminating funding for voice-only networks will involve 10 years of transforming the high-cost fund into the Connect America Fund, the FCC said Friday. That’s intended to extend broadband service and provide ongoing support in certain areas without increasing the overall USF $8 billion cap, the agency officials told reporters. The proposed change is an attempt to transition from supporting voice telephone services to using funds to deliver broadband networks, said Omnibus Broadband Initiative Executive Director Blair Levin.

Small rural telcos must answer questions about practices that large carriers call traffic pumping to increase access revenue, Democratic leaders of the House Commerce Committee told the companies in 24 letters sent late Tuesday. The inquiries follow up on October letters (CD Oct 15 p13) to AT&T, Verizon, Qwest and Sprint Nextel. An attorney for addressees of the new letter said he expects the rural carriers to be eager to cooperate.

Congress is watching the planned merger of Comcast and NBC Universal closely, and members are expected to weigh what it means to consumers and competitors, said Hill and industry figures. “This is one of the larger consolidations in the telecom/media space in history, and it is a matter of public interest, [and] it’s a matter of interest to those of us involved in telecommunications policy,” said House Communications Subcommittee Chairman Rick Boucher, D-Va., in an interview. Boucher also outlined his legislative priorities for the new term, including work on a spectrum inventory, Internet privacy and the Universal Service Fund.