The FCC’s 2022 order further clamping down on gear from Chinese companies, preventing the sale of yet-to-be authorized equipment in the U.S. (see 2211230065), was years in the making and reflected long-term concerns of Congress and the FCC, speakers said Tuesday during an FCBA webinar.
LA QUINTA, Calif. -- Congress should continue “lifeblood connectivity” provided through the affordable connectivity program (ACP), Pennsylvania Public Utility Commission Chairman Stephen DeFrank said in an interview at this week’s NARUC meeting. Expect broadband, universal service and pole attachments to be key issues for the state PUC in the year ahead, he said. Industry officials debated possible USF changes during a Tuesday panel.
The FCC's USF funding mechanism "violates the original understanding of the nondelegation doctrine, the modern intelligible-principle doctrine, and the private nondelegation doctrine" (see 2310060069), Consumers' Research told the U.S. Court of Appeals for the D.C. Circuit in a reply brief Thursday (docket 23-1091). The court should "make clear that Congress cannot delegate such power, let alone to a private entity," the group said.
An FCC NPRM released Thursday proposes allowing schools and libraries to apply for funding from the E-rate program for Wi-Fi hot spots and wireless internet access services that can be used off-premises. FCC Republican Commissioners Brendan Carr and Nathan Simington dissented, as they did last month on a declaratory ruling clarifying that the use of Wi-Fi on school buses is an educational purpose eligible for E-rate funding (see 2310190056).
The Nebraska Public Service Commission adopted a multitude of telecom orders at a livestreamed meeting Tuesday. In mostly unanimous votes, commissioners adopted policies on broadband funding, state USF, dark fiber leasing rates and rip and replace. Looking ahead, Commissioner Kevin Stocker (R) asked about tightening resiliency requirements after hearing a report on October communications outages.
The USF contribution factor will likely increase to 35.4% during Q1 2024, emailed analyst Billy Jack Gregg Friday. Gregg noted that the USF contribution base for all of 2023 was $34.2 billion, the "lowest annual revenues in the history of the USF." The contribution factor could be even greater should quarterly revenues continue to decline, he added.
The Utah Public Service Commission should OK a settlement that would approve Dish Wireless’ application for eligible telecom carrier designation, officials for Utah’s Division of Public Utilities and Office of Consumer Services said at a virtual hearing Friday. Approval would let Dish provide Lifeline service in Utah. In the Oct. 13 settlement (docket 23-2641-01), Dish agreed to additional requirements including to make a Utah-specific fact sheet for consumers to know what service they will receive, comply with all applicable Utah customer protection requirements, report to the division on any plan changes, and pay USF and emergency fees, said Ronald Slusher, DPU utilities technical analyst. Approval would lead to a just and reasonable result and is in the public interest, said Alex Ware, OCS utility analyst. Administrative Law Judge John Delaney said the PSC will “issue an order in due course.” A Utah PSC spokesperson emailed, “The PSC will consider the settlement stipulation and issue a written order at a later date.”
Congress "handed over its taxing power without statutory limits" to the FCC, an agency "constrained only by its own precatory 'aspirations', and then for good measure let the agency redefine its own scope of taxing authority," Consumers' Research told the U.S. Supreme Court in a cert petition Friday (docket 23-456) challenging the FCC's USF contribution factor (see 2308030071). The group warned that the 6th U.S. Circuit Court of Appeals decision upholding the 2021 Q4 contribution factor and the 5th Circuit's rehearing of the Q1 2022 USF contribution factor were "portending" a circuit "split." It asked SCOTUS to "grant review and reverse" the lower court's decision upholding the contribution methodology, calling USF the "poster child for the problems that result from the delegation of constitutionally vested authority."
The 5th U.S. Circuit Court of Appeals denied a joint motion from the Benton Institute for Broadband & Society, Center for Media Justice and National Digital Inclusion Alliance to intervene on behalf of the FCC in Consumers' Research's new challenge of the USF Q4 2023 contribution factor (see 2310030069). An order posted Monday in case 23-60525 was denied "without prejudice" should the groups want to file amicus curiae.
Industry sought some edits to a sweeping update to state telecom rules under consideration at the Texas Public Utility Commission. The PUC received comments Friday to Sept. 26 proposed changes to Texas Chapter 26 substantive telecommunications rules (docket 54589). The Texas Telephone Association (TTA) commended the PUC’s "Herculean effort in crafting proposed changes to the entire chapter on telephone regulations all at once."