A growing cable industry sense of its concerns being ignored by FCC Chairman Tom Wheeler has raised the likelihood that whatever rules come out of the agency regarding set-top boxes, broadband privacy and business data services almost surely will be met by legal appeals, cable executives and experts tell us. "I think everybody takes for granted that everything is going to end up in court," MCTV President/American Cable Association Chairman Robert Gessner said in an interview Friday.
BOSTON -- The FCC was criticized by another group of stakeholders at INTX, as the show drew to a close Wednesday. All four state telecom regulator panelists heaped criticism on the FCC over a range of process and legal issues. Critiques involved moving Lifeline subsidies for the poor to broadband from voice in a way that allows the FCC to certify providers as eligible telecom carriers (ETC) instead of just states having that authority, and pre-empting anti-municipal broadband state law. Process concerns included that the federal commission takes too long to issue the text of orders, is too partisan, and commissioners don't cooperate. State commissioners of both parties said the FCC doesn't work closely with state telecom regulators and follow through by having such cooperation reflected in rules. Asked in Q&A whether the FCC had any bright spots, panelists praised it for moving USF to broadband.
NTCA pressed the FCC for "sufficient" budgets to carry out its overhaul of rate-of-return USF high-cost mechanisms through a new voluntary model-based approach and updated legacy support of stand-alone broadband. The FCC raised its $2 billion annual budget to $2.15 billion to cover possible increased support based on a broadband cost model, and also instituted new controls of capital and operating expenditures and lowered the authorized rate of return, leading NCTA to seek further budget flexibility (see 1603300065 and 1604180055). In a Thursday filing in docket 10-90 about a call with Wireline Bureau Deputy Chief Carol Mattey, NTCA backed "equitable sharing of budget resources and fair application of budget controls" among all rural carriers, with each RLEC responsible for the consequences of its model decision "rather than having the risk and consequences" spread to all carriers. "To the extent that the Commission does not adopt such a clear-cut approach to model elections, NTCA suggested two alternatives that could be used in ensuring equitable management of the budget among all RLECs," it said, providing numerous details of its proposals in an attachment. In an earlier filing about a call with Mattey and other bureau officials, WTA asked how certain aspects of the model-based selection process would work and also voiced concerns that some options would reduce the overall budget for all carriers sticking with the updated legacy mechanisms. Also, NTCA, in a letter discussing the "challenge process" for model-based support, said the FCC shouldn't overlook "clear evidence in the record indicating that certain Form 477 data are simply inaccurate or imprecise in measuring the presence of competition." Rural incumbents facing certain levels of unsubsidized competition aren't eligible for the new support, but many RLECs are challenging the Form 477 data of competitors (see 1604280011).
NTCA pressed the FCC for "sufficient" budgets to carry out its overhaul of rate-of-return USF high-cost mechanisms through a new voluntary model-based approach and updated legacy support of stand-alone broadband. The FCC raised its $2 billion annual budget to $2.15 billion to cover possible increased support based on a broadband cost model, and also instituted new controls of capital and operating expenditures and lowered the authorized rate of return, leading NCTA to seek further budget flexibility (see 1603300065 and 1604180055). In a Thursday filing in docket 10-90 about a call with Wireline Bureau Deputy Chief Carol Mattey, NTCA backed "equitable sharing of budget resources and fair application of budget controls" among all rural carriers, with each RLEC responsible for the consequences of its model decision "rather than having the risk and consequences" spread to all carriers. "To the extent that the Commission does not adopt such a clear-cut approach to model elections, NTCA suggested two alternatives that could be used in ensuring equitable management of the budget among all RLECs," it said, providing numerous details of its proposals in an attachment. In an earlier filing about a call with Mattey and other bureau officials, WTA asked how certain aspects of the model-based selection process would work and also voiced concerns that some options would reduce the overall budget for all carriers sticking with the updated legacy mechanisms. Also, NTCA, in a letter discussing the "challenge process" for model-based support, said the FCC shouldn't overlook "clear evidence in the record indicating that certain Form 477 data are simply inaccurate or imprecise in measuring the presence of competition." Rural incumbents facing certain levels of unsubsidized competition aren't eligible for the new support, but many RLECs are challenging the Form 477 data of competitors (see 1604280011).
Rural telco groups said the FCC should be careful in changing rate-of-return rules for carrier cost recovery and related practices. Regulatory changes should apply prospectively only and should be targeted to provide increased clarity about allowable expenditures where helpful, said various RLEC groups in comments Thursday in docket 10-90, responding to a recent Further NPRM included in an item that overhauled rate-of-return USF mechanisms (see 1603300065 and 1603310039). Some voiced concern the FCC could make sweeping changes to throw out rules -- which they said had worked reasonably well -- based on "anecdotal" accounts of isolated problems.
A Senate Republican appropriator questioned how the FCC handled its recent rate of return USF overhaul and is pressing for inquiries, he told NTCA members Tuesday. Scores of NTCA members flew to Washington this week for a meeting and to lobby congressional offices Tuesday.
A Senate Republican appropriator questioned how the FCC handled its recent rate of return USF overhaul and is pressing for inquiries, he told NTCA members Tuesday. Scores of NTCA members flew to Washington this week for a meeting and to lobby congressional offices Tuesday.
The FCC should address issues that arose during the first phase of the USF mobility fund before launching phase II, the Rural Wireless Association said in a letter to the commission. “There is a continued need to support mobile communications services in rural areas,” RWA said. “Mobile voice and broadband services are critical to public safety communications and economic development, and can help address problems such as the ‘digital divide’ and ‘homework gap’ that are present in rural America. For these reasons, it is critical that the Commission craft and implement a dedicated mobility support mechanism that will provide specific, predictable, and sufficient support to both advance and sustain the availability of mobile services in high-cost areas.” The FCC should start by looking at Mobility Fund Phase I and “carefully consider what did and did not work,” RWA said. The record shows that only $67 million in Mobility Fund Phase I (MFI) funding has been disbursed, and more than $70 million was returned to the FCC, the group said. “RWA recommends that the Commission staff solicit feedback on MFI before diving headfirst into a Phase II mechanism that risks replicating unpredictable processes,” the letter said. RWA also said FCC data on broadband deployment needs to be improved. The group called on the FCC to address problems caused by the incompatibility of CDMA and GSM networks, in the filing posted in docket 10-208.
The FCC should address issues that arose during the first phase of the USF mobility fund before launching phase II, the Rural Wireless Association said in a letter to the commission. “There is a continued need to support mobile communications services in rural areas,” RWA said. “Mobile voice and broadband services are critical to public safety communications and economic development, and can help address problems such as the ‘digital divide’ and ‘homework gap’ that are present in rural America. For these reasons, it is critical that the Commission craft and implement a dedicated mobility support mechanism that will provide specific, predictable, and sufficient support to both advance and sustain the availability of mobile services in high-cost areas.” The FCC should start by looking at Mobility Fund Phase I and “carefully consider what did and did not work,” RWA said. The record shows that only $67 million in Mobility Fund Phase I (MFI) funding has been disbursed, and more than $70 million was returned to the FCC, the group said. “RWA recommends that the Commission staff solicit feedback on MFI before diving headfirst into a Phase II mechanism that risks replicating unpredictable processes,” the letter said. RWA also said FCC data on broadband deployment needs to be improved. The group called on the FCC to address problems caused by the incompatibility of CDMA and GSM networks, in the filing posted in docket 10-208.
The Competitive Carriers Association remains optimistic that small carriers will be active in the TV incentive auction, President Steve Berry said. Berry predicted the forward auction, in which carriers will bid for licenses, will start in May or June, in comments streamed from the CCA spring conference in Nashville. “A number of policy wins were essential to make this auction actually a reality for smaller carriers and many of our members,” Berry said. The smaller license sizes, spectrum reserve and mandated interoperability in the FCC’s rules were CCA priorities, he said. “CCA members are a critical part of the mobile infrastructure system.”