Nebraska must close the “spigot” and stop using state USF to support old telecom networks that provide internet speeds slower than 100 Mbps symmetrical, said Sen. Bruce Bostelman (R) at the legislature’s Telecommunications Committee hearing Monday. Bostelman’s LB-1031 would end Nebraska USF support for maintaining slower networks starting July 1, 2025. In 2021, Nebraska made 100 Mbps symmetrical the standard for new projects but continued allowing funding for operating existing networks with at least 25 Mbps download and 3 Mbps upload speeds, said Bostelman: Three years later, there’s no reason to give telcos more time to replace copper networks with fiber. LB-1031 would slow Consolidated Communications' broadband deployment by funding only areas with 100% fiber, said Brian Thompson, vice president-external relations. The panel continued to hear testimony on LB-1031 after our deadline. Earlier in the hearing, Nebraska Broadband Director Patrick Haggerty told state lawmakers that his office hopes to hear “at least a verbal approval” from NTIA this week on volume one of its initial proposal for the broadband, equity, access and deployment (BEAD) program. The state broadband office resubmitted volume 1 Friday with changes recommended by NTIA, said Haggerty: Nebraska can begin its challenge process once NTIA clears that volume.
While the FCC received support for moving forward on a November proposal permitting schools and libraries to get E-rate support for off-premises Wi-Fi hot spots and wireless internet services (see 2311090028) many commenters raised questions. Commissioners Brendan Carr and Nathan Simington dissented on an NPRM, questioning the proposal's legal underpinnings, and several comments agreed. The comments were filed the same week as the U.S. Supreme Court considered the Chevron doctrine's future and how strictly regulators must adhere to statutory language (see 2401170074).
Industry lawyers and analysts expect a busy start for the FCC in 2024, with the 3-2 Democratic majority able to approve items without the FCC’s two Republicans, and Chairwoman Jessica Rosenworcel eager to address priorities before the usual freeze in the months before and after a presidential election.
Consumers' Research asked the U.S. Supreme Court to grant its cert petition challenging the FCC's method for determining the USF quarterly contribution factor, saying the case presents "an excellent vehicle for addressing the contours of nondelegation whose abuses highlight the dangers of delegated and politically unaccountable power." Docketed Friday (docket 23-743), the petition asked the court to review a Dec. 14 decision by the 11th U.S. Circuit Court of Appeals upholding the Q4 2022 contribution factor (see 2312140058). Responses to the new petition are due Feb. 8.
The FCC asked the 5th U.S. Circuit Court of Appeals to hold Consumers' Research's challenge of the Q1 2024 USF contribution factor in abeyance until a separate challenge the group filed is decided (see 2401030069), said the commission's motion Friday (docket 24-60006). Consumers' Research previously challenged the Q1 2022 contribution factor, which the court heard en banc in September (see 2309190072). "Because these cases involve the same parties and the same legal issues, it would best serve the interest of judicial economy and efficiency for the court to hold this case in abeyance until it issues a ruling" in the earlier case, the FCC said.
Denying SpaceX participation in the rural digital opportunity fund (see 2312130004) effectively denied thousands of Virginians USF-funded internet access, a Virginia resident and retired E-rate consultant said in a docket 19-126 reconsideration petition posted Wednesday. Petitioner Greg Weisiger said many rural and insular locations, such as his home outside Richmond, are far from USF-funded roads or rights of way and thus burdened with high connection costs. Satellite installation costs are relatively low, he said.
Consumers' Research filed a new challenge of the FCC's Q1 2024 USF contribution factor in the 5th U.S. Circuit Court of Appeals Wednesday. It's the third time the group challenged a contribution factor with this court (see 2310030069). The contribution methodology and ultimate quarterly factor "exceed the FCC's statutory authority" and violate the nondelegation doctrine, the group said in its petition for review (docket 24-60006).
NTIA "directionally aligned" its approach to the broadband, equity, access and deployment (BEAD) program in a policy notice released Tuesday. The notice signaled NTIA's BEAD approach is generally in line with the Treasury Department's broadband infrastructure projects and the FCC's USF policies. The notice comes after NTIA received more than 60 comments from a range of stakeholders seeking exceptions and program adjustments.
Lead Republican lawmakers’ recent charge that the FCC was “deeply misleading” about the affordable connectivity program’s efficacy (see 2312150068) has solidified perceptions on and off Capitol Hill that it will be extremely difficult to reach a deal allocating additional money before the initiative's funding runs out next year, lobbyists and observers told us. Estimates peg ACP as likely to exhaust its initial $14.2 billion tranche from the 2021 Infrastructure Investment and Jobs Act during the first half of 2024 (see 2309210060). The White House is pushing for Congress to appropriate an additional $6 billion to fully fund the program through the end of 2024 (see 2310250075).
A Frontier Communications rate case in Arizona can move forward, Arizona Corporation Commission staff said. Frontier’s application and schedules were filed Aug. 30, covered Arizona's White Mountains region and met the commission’s sufficiency requirements, Utilities Division Telecom and Energy Chief Barbara Keene wrote to the company Monday. Separately, staff asked an administrative law judge to set a procedural schedule that would extend into next fall. Under that schedule, staff and intervenor direct testimony on competitive classification and nonessential service determinations would be due May 3; their testimony on service cost, rate design and state USF issues would be due May 31. Frontier’s rebuttal would be due July 26, staff and intevenors’ rebuttal Aug. 23 and Frontier’s rejoinder Sept. 6. Staff suggested a prehearing conference Sept. 11 and a hearing Sept. 23. “Staff believes that the proposed schedule is reasonable in light of the potential number of issues presented in this case,” it said. ALJ Julia Matter in a Tuesday order scheduled a teleconference for Jan. 2 at 10 a.m MST to discuss procedure and next steps (docket T-03214A-23-0250). Frontier is the only company receiving Arizona USF high-cost support. The commission earlier decided to delay possible sweeping USF changes due to the upcoming Frontier rate case (see 2303160069). Commissioners declined to raise USF contribution rates earlier this month (see 2312050032).