Consumers' Research asked the U.S. Supreme Court to extend the deadline to file its cert petition challenging a 6th U.S. Circuit Court of Appeals decision upholding the FCC's USF 2021 Q4 contribution factor (see 2305300009). The group asked in an application posted Friday that the court extend the Aug. 28 deadline by 60 days, to Oct. 27, to file its petition. The group noted the 5th Circuit's decision to grant rehearing for its challenge of a separate contribution factor, saying it "signals that it may soon split from the Sixth Circuit on these important nondelegation matters" (see 2306290074).

The Oklahoma Corporation Commission voted 2-1 to increase the state USF’s per-connection surcharge, at a livestreamed meeting Thursday. The flat fee will increase to $2.02 monthly per connection in September, from $1.85, under the commission’s second interim order in case OSF2022-000045. Before voting no, Commissioner Bob Anthony noted the draft order was distributed late afternoon Wednesday. In a written dissent, the Republican noted Oklahoma USF (OUSF) collected about $7 million two decades ago, yet Thursday’s order says the fund requires $110 million in fiscal year 2023. “That’s more than 15 times higher than 20 years ago, and the statute still provides no cap.” The government program is opaque, complained Anthony. “Basic transparency and disclosure about this program should enable the public to know: Where do these OUSF monies actually go? To network improvements, infrastructure buildout, and modernization? Or to better salaries, higher profits and larger dividends for a few dozen independent telephone companies and/or their owners?” At the commission’s July 11 meeting, OUSF Administrator Mark Argenbright said the increased surcharge should put the commission on track to eliminating a current USF deficit in September 2024. Argenbright disagreed with CTIA, which said the increasing surcharge shows Oklahoma’s connections-based contribution method isn’t working (see 2307110078).

The FCC should reclassify as direct full-time equivalents the Wireline Bureau indirect FTEs who work on non-high cost USF programs, said NAB in calls last week with aides to Chairwoman Jessica Rosenworcel and Commissioners Nathan Simington and Brendan Carr, said an ex parte filing posted Monday in docket 22-301. Doing so “is both administrable and better reflects the work performed and the benefits provided to fee payors by the Commission’s activities,” said the filing. The result “would be consistent with the FCC’s treatment of many other FTE categories and would certainly be more accurate than one which requires broadcasters to pay significantly more in regulatory fees,” NAB said. The filing also praised the FCC’s proposal to shift the way it calculates how FTEs are assigned to bureaus (see 2305110064), and urged the agency to do regular reassessments of how FTEs are allocated. A draft regulatory fee order has been circulated to 10th-floor offices, according to the agency’s circulation webpage.

The FCC adopted an order establishing an enhanced alternative connect America cost model (ACAM) program that provides USF high-cost support for carriers that deploy services of at least 100/20 Mbps to all unserved locations served by the program. "To meet the needs of consumers today and into the future, we are optimizing the commission’s programs to bring higher speeds and greater bandwidth to consumers, particularly those living in hard-to-reach areas," said Chairwoman Jessica Rosenworcel in a Monday news release. Rosenworcel circulated the proposal in June (see 2306160042). Also adopted was a notice of inquiry and NPRM that would seek comment on additional revisions to the legacy rate-of-return system.

The Regulatory Commission of Alaska got wide industry support for making permanent its recently adopted emergency regulations for Alaska USF. Making them permanent would extend the AUSF sunset through June 30, 2026. The RCA received supportive comments in docket R-21-001 this week from Alaska Communications, Alaska Telecom Association (ATA), Alaska Remote Carriers Coalition, GCI, Ketchikan Public Utilities (KPU) and Matanuska Telecom Association. ATA said the RCA's actions to continue AUSF “are crucial in ensuring the provision of essential telecommunications services to rural areas in Alaska.” The RCA should adopt a change proposed by the Alaska Universal Service Administrative Company (AUSAC), some industry groups said. AUSAC urged the RCA July 13 to reinstate a reporting and remittance exception for de minimis carriers, which pay up to $100 annually. "Without the de minimis exception, additional time will be spent on processing paper reports and remittances from de minimis carriers as electronic payments are cost prohibitive for a carrier to remit $8 or less,” the administrator said. “AUSAC has had past experiences with carriers, who were unaware of the de minimis exception, taping coins to mailed remittance reports." KPU supported that proposed change unless it "would create unnecessary delay in adoption or otherwise risk disapproval by the Department of Law.”

AUSTIN -- New NARUC Telecom Committee Chair Tim Schram praised NTIA efforts making broadband, equity, access and deployment (BEAD) allocations, in a Wednesday interview. Also, Schram and another Republican committee member, South Dakota Commissioner Chris Nelson, told us they’re glad the FCC may soon finally have all five seats filled.

The Pennsylvania Public Utility Commission delayed voting on an advance notice of proposed rulemaking to amend state USF rules until the commission’s Aug. 3 meeting. The PUC was scheduled to consider the item in docket L-2023-3040646 at Thursday's meeting.

The use of AI and other technologies in managing how spectrum is used tops the agenda for the FCC’s Aug. 3 meeting, Chairwoman Jessica Rosenworcel said Thursday (see 2307130025). The FCC also released the draft items. Commissioners will vote on proposals on power levels for digital FM radio. Also on the agenda, a draft order establishing an up to $75 monthly broadband subsidy for eligible households in high-cost areas through the affordable connectivity program.

FCC Chairwoman Jessica Rosenworcel circulated a proposal among commissioners to create a pilot program that would invest in cybersecurity services for eligible K-12 schools and libraries, said a news release Wednesday (see 2307050041). “With the growing number of sophisticated cyberattacks on schools and especially the rise in malicious ransomware attacks that harm our students, now is the time to take action," Rosenworcel said. If adopted, the pilot would invest up to $200 million over three years to "harden the cyber defenses and determine the most effective methods to protect our schools and libraries." The pilot would be established within the USF and be separate from the E-rate program to "ensure gains in enhanced cybersecurity don’t come at a cost of undermining E-rate’s success in promoting digital equity."

Another possible increase to the Oklahoma USF surcharge shows the state’s 2021 switch to connections-based contribution was a “total failure,” CTIA claimed Monday. The Oklahoma Corporation Commission at a livestreamed meeting Tuesday considered increasing the Oklahoma USF (OUSF) surcharge to $2.02 per connection. OUSF Administrator Mark Argenbright disagreed with CTIA that the connections-based method is anticompetitive.