NARUC Urges FCC to Act on Communications Vandalism, Utility Demand Responses
Telecom and utility companies must engage in early communication and collaboration to ensure efficient and safe broadband deployment, industry leaders said Monday at NARUC's Winter Policy Summit. NARUC Telecom Committee members also voted unanimously to adopt two resolutions on utility demand response communication and on vandalism or theft of communications infrastructure.
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The committee voted to support the "primary role of states in determining whether or not utility demand response communications should be deployed on an opt-out basis." The resolution called on the FCC to clarify that under the Telephone Consumer Protection Act, utilities may rely on prior express consent to make non-telemarketing, informational "demand response" calls or texts to their subscribers.
Also adopted was a resolution supporting federal-state partnerships to "modernize laws and enhance penalties to address the growing threat of theft and vandalism on critical communications infrastructure." NARUC urged industry to "provide regular reports with aggregated statewide data on acts of thefts and vandalism to assist NARUC members and other policymakers to advocate for comprehensive solutions."
Some panelists emphasized the need for greater collaboration between telecom and utility companies to prevent damage to existing infrastructure and disasters. Coordination is critical because "if you plan accordingly ... you can actually get your work done as quickly if not quicker," said Lumen Director-Network Implementation David Binger. Binger noted that Lumen partners with locators to ensure safe digs for new projects. South Dakota Public Utilities Commissioner Chris Nelson pressed Binger on the company's efforts in his state, noting that Lumen's work there didn't reflect Binger's comments. "Everything you just described about Lumen is 180 degrees from what we experience in South Dakota," Nelson said.
"We need to get to the root cause" of breakdowns in communication, said Mark Kempic, president and CEO of Columbia Gas of Pennsylvania and Maryland. He called for collaboration and education between utilities and telecom companies. "This will prevent dig-ins," he said: "Encourage early communication because that's what's going to save lives, literally."
Also discussed was the future of the FCC's USF and uncertainty surrounding NTIA's BEAD program. Phoenix Center President Lawrence Spiwak raised some concerns about the ongoing Supreme Court case regarding whether the USF contributions are taxes. "I think if the Court upholds the current system, then we'll continue with the tissue paper system that we've got now that just has a lot of issues."
Regardless of the ruling, it's likely the Trump administration will "declare victory on the digital divide," New Street Research's Blair Levin said. It would likely be done after the FCC releases its next Section 706 report, Levin noted, because it may include satellite service. The problem with satellite, however, is its "undercapacity" among other issues, he said. Levin also emphasized the need for flexibility in NTIA's standards for BEAD, noting that officials from Louisiana and Texas have each urged the agency to make certain programmatic changes.