NARUC should press states and the federal government to lower barriers, including through increased funding and awareness campaigns, to enrollment in the affordable connectivity program, Telecom Committee member Crystal Rhoades said in an interview Thursday. The Nebraska Public Service Commission’s lone Democrat said she doesn’t expect controversy over her proposed resolution, which is up for vote at NARUC’s July 17-20 policy summit in San Diego (see 2207060037). However, Next Century Cities Senior Policy Counsel Ryan Johnston raised concerns that the draft omits local governments’ key role in raising awareness.

T-Mobile asked the FCC to pause new high-cost USF programs until programs funded through the American Rescue Plan Act and Infrastructure Investment and Jobs Act have been implemented, in a meeting with Wireline Bureau and Office of Economics and Analytics staff (see 2203180062). The carrier also met with an aide to Chairwoman Jessica Rosenworcel, said an ex parte filing posted Wednesday in docket 21-476. The new funding "largely overlaps" with the goals of the high-cost programs and is "equivalent to more than two decades' worth of support, T-Mobile said. There's also "no need for immediate contributions reform" if new support is paused, T-Mobile said, noting "recurring appropriations" for programs like the affordable connectivity program would "more efficiently distribute the burdens of the USF to different stakeholders and appropriately account for the shared benefits to society of expanded connectivity." Absent direct appropriations, the carrier said it backed assessing "network capacity usage" or "revenues generated over USF-funded networks."

The biggest apparent policy cut in the FCC’s wireless resiliency rules released Wednesday (see 2207060070) overrules objections by the Competitive Carriers Association and NTCA that the rules shouldn’t apply to small providers. The order creates the mandatory disaster response initiative (MDRI), replacing the industry’s wireless voluntary network resiliency cooperative framework.

Alaska’s attorney general disagreed with CTIA seeking no major changes to Alaska USF. The AG’s Regulatory Affairs and Public Advocacy Section (RAPA) supported -- while CTIA opposed -- switching to a connections-based contribution method, in comments last month at the Regulatory Commission of Alaska (see 2206140074). CTIA’s suggestion that the RCA sunset AUSF rather than repurpose it for broadband “is counter to the long-standing federal and state communications policy goals of universal service,” RAPA replied Tuesday in docket R-21-001. RCA hasn’t found “that preservation of universal service is no longer accomplished through the AUSF” or that the fund “no longer promotes the efficiency, availability, and affordability of universal telephone service in Alaska,” it said. CTIA sees “broad opposition” to repurposing AUSF for broadband, said the wireless association. Incoming federal funding from the Infrastructure Investment and Jobs Act is “extremely relevant” to RCA’s consideration and “weighs strongly against taking action at this time.” GCI supports continuing a limited state fund, it said. “AUSF support for broadband is illegal under Alaska law and not supported by good policy,” as would be including broadband in the contribution base, said the carrier: GCI would be OK with shifting to a connections-based method or keeping the current revenue-based surcharge. Alaska Communications supported “many aspects of RAPA’s proposal, in that it would refocus support to areas with the greatest need.” The company doesn’t agree “the RCA should require AUSF recipients serving both high and low density areas to meet generalized service metrics to show they have used support for the purposes intended,” it said. Adopting RAPA’s plan to assess broadband connections “would be inviting possible future invalidation of part or all of the AUSF program either through a direct legal challenge to the Commission’s regulations or indirectly through other state or federal litigation,” warned the Matanuska Telecom Association. The Alaska Remote Carrier Coalition urged the RCA to adopt connections-based contribution and focus subsidies on remote areas not connected by roads.

Broadcasters, MVPDs, ISPs and other entities argued over the state of competition in the broadband and video marketplaces and how to address it, in comments posted by Friday’s deadline in docket 22-203 for the agency’s biannual State of Competition in the Communications Marketplace report to Congress, due in Q4. Regulations premised on lack of competition “should be repealed,” said NCTA. The FCC “must consider the real-world consequences of imposing, in a highly competitive marketplace, a burdensome and outdated regulatory regime,” said NAB.

The Texas Public Utility Commission violated the state’s constitution and utility and administrative procedure laws when it chose not to fully fund Texas USF (TUSF), a state appeals court ruled Thursday. The 3rd District Texas Court of Appeals in Austin partly reversed the Travis County District Court in Austin dismissal of rural telcos’ complaint against the PUC. The trial court must issue a writ of mandamus ordering Texas commissioners “to take immediate action to fulfill their duties imposed by law to fully fund all TUSF programs and to make all disbursements required by” the Texas Public Utility Regulatory Act (PURA) and the PUC’s “existing TUSF orders and commitments,” wrote Justice Gisela Triana in Thursday’s opinion with Chief Justice Darlene Byrne and Justice Chari Kelly (case 03-21-00294-CV).

A state court required the Texas Public Utility Commission to pay AMA TechTel Communications the full amount of state USF supports it was owed since Dec. 1. In a Thursday order in case 03-021-00597-CV, 3rd District Texas Court of Appeals in Austin judges decided 2-1 to lift a suspension of a lower court order requiring the payments. The appeals court had frozen the requirement with the appeal pending (see 2112150042). AMA filed a motion May 26 saying that, without the funding, it would go out of business before the appeal could be resolved. “AMA has demonstrated that irreparable harm has occurred and continues to occur,” said the appeals court: Reinstating the lower court’s temporary injunction will “preserve the parties’ rights until the disposition of this appeal.” Justices Thomas Baker and Gisela Triana supported the decision; Justice Melissa Goodwin dissented. The AMA case is one of two court challenges involving the PUC’s 2020 decision not to raise the surcharge on consumer bills to fully fund USF. The Texas PUC is "reviewing the court’s order," a spokesperson said.

Arizona Corporation Commission members raised questions Tuesday about Frontier Communications’ urgency in responding to a June 11 fiber cut and other network outages. Frontier officials at the livestreamed ACC meeting defended the company’s speed responding to the June 11 outage, which the company blamed on gunshots by a possible saboteur (see 2206270029). Commissioners and local officials want more network redundancy to prevent future problems.

Gunshots damaged Frontier Communications fiber and caused an Arizona outage June 11, the company told the Arizona Corporation Commission (ACC) in a Friday letter in docket T-02115A-21-0198. “The incident that impacted Frontier's Internet and Verizon's wireless service in Navajo and Apache Counties on June 11 was the direct result of an intentional criminal attack on Frontier's fiber optic facilities executed in a manner to cause an extended disruption to services," the carrier said. “The perpetrator or perpetrators must be brought to justice.” Frontier disagreed with the Arizona Association of Chiefs of Police, which filed a June 20 letter that referred to the outage as a network failure. “Gunshot blasts damaged Frontier's fiber cable on a route between Holbrook and Snowflake, Arizona, in multiple locations, over a three-mile area. The pattern of damage indicates that this was neither a network ‘failure’ nor a foolish incident of vandalism.” Frontier urged the commission to consider increasing the state 911 surcharge or repurpose state USF for increasing network redundancy in rural areas. The ACC plans to consider the Frontier outage docket and possible state USF changes at its Tuesday meeting, said an agenda.

Competitive Carriers Association representatives raised concerns about “the potential for a serious ‘5G Gap’ that may disproportionately harm rural wireless carriers and consumers,” in a call with an aide to FCC Chairwoman Jessica Rosenworcel. “The risk of a 5G Gap is growing due to the confluence of developments such as underfunding for the Secure and Trusted Communications Networks Reimbursement Program and the heavy fiber focus of the Infrastructure Investment and Jobs Act’s $42 billion Broadband Equity, Access, and Deployment Program,” said a filing posted Monday in docket 21-476. CCA urged the FCC to emphasize the importance of 5G in an upcoming report to Congress on the USF. “Many parts of the United States, especially rural America, are at risk of being left behind,” the group said.