A GOP wave claimed longtime telecom heavyweight Rep. Rick Boucher, D-Va., and other Democrats in rural states, as Republicans seized control of the House Tuesday. The Republicans also won seats in the Senate, but the Democrats maintained power there. The GOP gain is seen as bad news for net neutrality supporters, while the loss of House Communications Subcommittee Chairman Boucher is a setback for rural telcos who supported his efforts to overhaul the Universal Service Fund.
FCC Chairman Julius Genachowski faces tough oversight from the new Congress starting in January, after Republicans picked up as many as 70 seats in the House Tuesday. That was more than the 55-seat swing that gave Republicans control of the House in 1994. But it’s unclear whether Genachowski will face the kind of Commerce Committee investigation Kevin Martin faced when Republicans lost control of the House four years ago (CD Sept 14 p1). The Republican takeover of the House also could have a long-lasting effect on FCC policy, particularly Genachowski proposals on net neutrality and broadband reclassification. Genachowski was an adviser to former Chairman Reed Hundt when Democrats lost control of both the House and Senate in 1994.
A GOP wave claimed longtime telecom heavyweight Rep. Rick Boucher, D-Va., and other Democrats in rural states, as Republicans seized control of the House Tuesday. The Republicans also won seats in the Senate, but the Democrats maintained power there. The GOP gain is seen as bad news for net neutrality supporters, while the loss of House Communications Subcommittee Chairman Boucher is a setback for rural telcos who supported his efforts to overhaul the Universal Service Fund.
The FCC should be “vigilant” in its oversight of middle-mile prices and access, seek public comment on whether its rules on retirement of copper-wire networks let ILECs keep small carriers out of the market, consider a rulemaking on access to and device interoperability on the newly auctioned 700 MHz spectrum and “examine the impact” on CLECs before increasing rates on pole attachments, the Small Business Administration’s advocacy office said. The comments came in response to last month’s public notice from the Wireline Bureau, which asked for input on how broadband affects small and medium-sized businesses. SBA said its comments reflect the views of leaders from small broadband companies who participated in an Oct. 5 agency roundtable.
Capitol Hill aides urged patience from those seeking a Telecom Act revamp by Congress. A rewrite will happen, but Congress doesn’t want to rush it, said Danny Sepulveda, senior adviser to Senate Communications Subcommittee Chairman John Kerry, D-Mass. Other priorities next year include wireless spectrum and oversight of the broadband stimulus program, aides told a panel discussion Tuesday by the Free State Foundation.
Capitol Hill aides urged patience from those seeking a Telecom Act revamp by Congress. A rewrite will happen, but Congress doesn’t want to rush it, said Danny Sepulveda, senior adviser to Senate Communications Subcommittee Chairman John Kerry, D-Mass. Other priorities next year include wireless spectrum and oversight of the broadband stimulus program, aides told a panel discussion Tuesday by the Free State Foundation.
Free Press didn’t support the House net neutrality proposal that Republicans scuttled Wednesday (CD Sept 30 p1), President Josh Silver said in an interview. The public interest group believed that “introduction risked relieving the FCC chairman” of his duty to reclassify broadband transport under Title II of the Communications Act, and to make net neutrality rules, Silver said. Free Press is “relieved” that House Commerce Committee Chairman Henry Waxman, D-Calif., now is urging the FCC to act, he said. If FCC Chairman Julius Genachowski doesn’t fulfill Waxman’s request, “he will face an avalanche of public pressure.” In an e-mail to the Open Internet Coalition (OIC) before Wednesday’s announcement that no bill would be introduced, Silver threatened to pull out of the coalition if it issued a news release supporting the Waxman bill. “Free Press cannot afford to be misconstrued as supporting a bill that strips FCC rulemaking authority, fails to sufficiently protect wireless, and forecloses the agency’s ability to enact key goals” of the National Broadband Plan, “such as USF and low-income broadband deployment,” Silver wrote. “While we have deep respect for all of those from our community who worked tirelessly over the past few weeks on this effort, we have a strong disagreement with the assessment of this legislation as a positive, both on the merits and on the strategy. I don’t think the benefits of an OIC” news conference “in support of a doomed bill is worth the cost, but that’s not my call.” In a statement Wednesday, Waxman thanked the Consumer Federation of America (CFA), Consumers Union, Public Knowledge and the Center for Democracy & Technology, as well as AT&T, Verizon and NCTA, but not Free Press. The CFA praised the Waxman proposal. “Mr. Waxman’s bill would have created an important safety net to prevent the broadband Internet access landscape from being Balkanized by anti competitive pay walls and discriminatory technology barriers that block or degrade communications,” said Mark Cooper, the group’s research director.
The FCC approved an order letting schools and libraries lease dark fiber for broadband use, community use of schools’ broadband networks after hours and tying the E-rate cap to inflation. Indexing E-rate to inflation, as had been expected (CD Sept 8 p1), may mean the $2.25 billion annual cap will be raised for the first time in its history. The inflation measure caused Republican Commissioners Meredith Baker and Robert McDowell to part ways with their Democratic colleagues. Baker concurred on inflation and McDowell dissented. Both said they thought the Universal Service Fund -- of which E-rate is a part -- requires comprehensive reform.
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.
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.