NTCA raised concerns about the FCC's proposed decision to grant ISPs forbearance from USF contributions under Communications Act section 254(d), holding separate meetings with aides to Commissioners Geoffrey Starks and Anna Gomez (see 2404050068). The FCC "would be on sounder legal footing" if it issued a Further NPRM "to consider how and whether to reform universal service contributions," the group said in an ex parte filing posted Thursday in docket 23-320. Forbearance is "a blunt instrument where a lighter touch that has similar effect would be far more appropriate," NTCA said, asking the commission to "adopt a procedural approach that will at once enable more careful consideration of the merits of contribution reforms and potential impacts."
Affordable Connectivity Program Extension Act (HR-6929/S-3565) lead House sponsor Rep. Yvette Clarke, D-N.Y., told us she's cautiously optimistic ahead of the opening of a discharge petition Thursday to force a floor vote on the measure (H.Res. 1119). HR-6929/S-3565 proposes allocating $7 billion for FY 2024 to the ailing FCC connectivity program. Thursday marks the end of a seven-legislative-day waiting period before Clarke can begin collecting signatures on the petition, which would require backing from at least 218 members before becoming effective (see 2404100075). Republican observers, even those who support giving ACP stopgap money, are skeptical the discharge petition bid will succeed.
Broadband officials and experts Wednesday called for continued pressure to replenish the FCC's affordable connectivity program (see 2404100075). Some panelists during Next Century Cities' bipartisan tech policy conference also urged community leaders to engage with their state broadband offices as NTIA approves states' plans for the broadband, equity, access and deployment program.
The connections-based Utah Universal Service Fund (UUSF) surcharge could increase by 27 cents to 98 cents monthly per access line, a 38% increase, the Utah Public Service Commission said in a Monday notice. The increase is needed due to AT&T overcounting access lines subject to the surcharge for nearly two years, from August 2021 to July 2023, the PSC said. After correcting the reporting error, “the actual number of access lines subject to the surcharge have now been reduced by approximately 260,000 per month and thus results in less revenue to meet the costs associated with the UUSF statutory obligations.” Also, UUSF distribution estimates “were significantly underestimated,” the PSC said. “Unless public comment convinces the PSC to alter its plans,” the new rate will take effect July 1. Comments are due June 3.
Price-cap carriers appear to fail state service quality standards, the Nebraska Public Service Commission found. The commission voted 5-0 at its Tuesday meeting to require the carriers -- Windstream, Frontier Communications and Lumen’s CenturyLink to submit reports and corrective action plans. Also, commissioners voted 5-0 to seek comments by May 3, and schedule a May 15 hearing, on a second 2024 NUSF reverse auction that could distribute $18.4 million (docket NUSF-131). A multiyear investigation (see 2311280061 and 2210260052) showed customers "are experiencing significant difficulty in obtaining adequate telephone service” from the three carriers, despite receiving large amounts of Nebraska USF (NUSF) support, said the service-quality order in docket C-5303. The PSC is especially troubled that some carriers “do not appear to have taken steps since the investigation was opened to proactively improve their service,” it added. Fiber cuts comprise only "a small percentage" of recent outages, said the PSC: The rest "appear to result from the carriers’ maintenance and repair practices on their own facilities." It’s likely that the carriers “failed to meet the standard of six trouble reports per one hundred access lines per month, per exchange,” the PSC said. The commission ordered each carrier to submit information by May 31 on how many trouble reports it received in each exchange monthly from November to April. Carriers must identify any exchange averaging eight or more trouble reports per 100 lines in any of those months. By June 28, each carrier "must develop a plan to improve service in" each identified exchange “sufficient to ensure the exchange does not exceed six trouble reports per one hundred lines each month.” In addition, the PSC said it found many customers complained about inadequate customer assistance and missed technician appointments. So, each carrier must develop a plan and report to the PSC on how they improved in those areas by June 28, the commission said. "The plan must ensure customers are able to call and reach a customer service representative familiar with Nebraska’s network and customers." Committed to reliability, Windstream is "reviewing the order and will work with the Commission on any findings," a spokesperson said. CenturyLink disagrees with the order’s conclusions and believes “these reports will show that we’re providing good service to our Nebraska customers,” a Lumen spokesperson said. Frontier didn’t comment.
The net neutrality draft order on the FCC's April 25 open meeting agenda (see 2404030043) will face much the same legal arguments as the 2015 net neutrality order did, with many of the same parties involved, we're told by legal experts and net neutrality watchers.
An FCC order modifying certain administrative and reporting requirements for the USF high-cost program takes effect May 10, said a notice for Wednesday's Federal Register. Commissioners adopted the item in October (see 2310190056).
Industry and consumer advocates urged the FCC on Friday to include changes in its draft order reestablishing net neutrality rules. Commissioners will consider the item during the agency's April 25 meeting (see 2404040064). Some said the draft order didn't adequately address forbearance for ISPs. The draft’s state preemption provisions received praise -- and concern -- from current and former regulators.
Consumers' Research asked the 5th U.S. Circuit Court of Appeals to reverse the FCC's USF contribution factor for Q2 of FY 2024 (see 2401100044). In a filing posted Wednesday (docket 24-60160), the group repeated its claim that USF contributions are illegal taxes that the Universal Service Administrative Co. collects and "should be rejected."
A possible shakeup to Vermont universal service passed the state House on Tuesday. The House approved HB-657, which included a minor amendment by sponsor Rep. Katherine Sims (D) replacing the words "digital subscriber line" with "twisted-pair cable." Rather than the current 2% revenue-based state USF mechanism, the House-passed bill would assess 72 cents monthly per retail access line, including VoIP and postpaid wireless. That’s up 2 cents from a previous proposal heard by the Ways and Means Committee (see 2402070057). Carriers would pay 2.4% of monthly prepaid wireless retail sales and federal and Vermont Lifeline subscribers wouldn’t have to pay the fee. Also, the bill would add the 988 mental health hotline to a list of what state USF may support. Meanwhile, H-657 would repeal Vermont taxes on telephone personal property and alternative telephone gross revenue. The current bill doesn’t include a previously proposed $15 annual pole attachment tax to support community media, which received much opposition from the telecom industry. Instead, it would require “reasonable” annual charges for communications providers accessing state right of way. For small cells, that would be $270 per facility; for twisted-pair, coaxial or fiber cables, it would be 2 cents per linear foot in small counties and 7 cents in mid-sized counties and 13 cents in large counties. It wouldn’t apply to facilities owned by communications union districts, small carriers, state grant recipients, cable franchises and electric utilities. The bill next goes to the Senate.