Industry groups continued to disagree on whether the FCC should include an assessment of broadband speed benchmarks and higher speed goals in its annual report to Congress about the state of broadband deployment and competition. At issue is Chairwoman Jessica Rosenworcel's proposal in the agency's notice of inquiry to increase the definition of broadband to 100/20 Mbps with a long-term goal of reaching 1 GB/500 Mbps. Reply comments were posted Tuesday in docket 22-270 (see 2312040024).
The Utah Public Service Commission has an "exceedingly transparent" process for determining Utah USF (UUSF) distributions and surcharges, the PSC said in a Monday order. The commission responded to CTIA’s call for greater transparency, while nearly doubling the surcharge to 71 cents per access line, from 36 cents, effective Dec. 29. The commission proposed the increase last September (see 2309200047). CTIA complained in comments Friday that the Utah Department of Public Utilities (DPU) didn’t sufficiently explain the purpose for additional funding “or whether such surcharges are prudent and necessary.” The wireless industry association said, “Appropriate transparency is particularly crucial for Utah’s wireless consumers because of the significant economic burden they bear supporting the UUSF.” The Utah commission “respect[s] CTIA’s concerns around transparency but note[s] they focus exclusively on one action request response issued by the DPU,” the order said. “That filing by the DPU was a meaningful, but single, component of a fulsome and transparent regulatory process that involved both the DPU, the PSC, and multiple opportunities for any interested person to provide comments.”
Industry and consumer groups clashed on whether the FCC should reclassify broadband internet access as a Title II service under the Communications Act in comments posted through Friday in docket 23-320 (see 2310190020). Commenters against reclassification warned that it would stifle innovation and competition. Supporters said the proposal would ensure consumers have equal access to broadband ahead of anticipated federal broadband deployment programs.
The FCC didn't violate the nondelegation doctrine when it used the Universal Service Administrative Co. to calculate quarterly USF contribution factors and administer USF programs, a federal court ruled Thursday. In denying Consumers' Research's challenge of the FCC contribution factor (see 2306220062), the 11th Circuit U.S. Court of Appeals noted "all USAC action is subordinate to the FCC, and the FCC retains ultimate decision-making power."
Pennsylvania's USF contribution rate will increase to 2.69% of monthly intrastate revenue from 2.53%, the Pennsylvania Public Utility Commission unanimously decided Thursday. The Pennsylvania USF administrator suggests reexamining the state USF mechanism due to the contribution base’s “continuous decline” and a reduction in annual reporter revenue, said the order in docket M-00001337. The PUC approved an advance NPRM in August to amend state USF rules, with a first round of comments due Feb. 9 (see 2308240072). Not all carriers report their intrastate VoIP revenue as they should, said the PUC, directing all carriers to do so for state USF purposes.
Arizona commissioners questioned state USF accountability as they unanimously declined Tuesday to raise contribution rates. During a livestreamed meeting, commissioners voted 5-0 against staff’s proposed decision to raise state USF charges for 2024 (docket RT-00000H-97-0137). In addition, members unanimously granted a Verizon application to discontinue MCIMetro basic local exchange services to residential and small business customers throughout its service territory on Dec. 31 (docket T-03574A-23-0243).
The Oklahoma Corporation Commission plans to vote Jan. 18 on state USF and Lifeline rule changes and Feb. 8 on other telecom rule changes, said notices of proposed rulemaking released Friday. Commissioners voted 3-0 Thursday (see 2311300057) to issue the notices on proposed revisions to Chapter 55 rules for telecom services (docket RM2023-000017), Chapter 56 rules for interexchange telecom service resellers (RM2023-000018), Chapter 57 rules for operator service providers telecom services (RM2023-000019) and Chapter 59 rules for Oklahoma USF and Lifeline (RM2023-000021). Written comments in the USF and Lifeline docket are due Jan. 9 and the commission will hold technical conferences Dec. 14 and Jan. 11. The commission sought written comments for all three other dockets by Jan. 15 and set technical conferences for Jan. 4 and Jan. 25.
The Oklahoma Corporation Commission voted 3-0 at a Thursday meeting to post NPRMs on amending four telecom chapters of commission rules. The notices, which weren’t available immediately, will open proceedings on revising Chapter 55 rules for telecom services (docket RM2023-000017), Chapter 56 rules for interexchange telecom service resellers (RM2023-000018), Chapter 57 rules for operator service providers telecom services (RM2023-000019) and Chapter 59 rules for Oklahoma USF and Lifeline (RM2023-000021).
Noting a lack of objections to proposed tweaks to South Carolina USF rules, the state’s Office of Regulatory Staff urged the Public Service Commission on Tuesday to grant its petition in docket 2023-301-C. ORS asked to clarify certain USF procedures, including by specifically listing interconnected VoIP providers as USF contributors, incorporating a South Carolina confidentiality law and adding a deadline for contributors to dispute required contributions (see 2309280010). In the same petition, ORS seeks a waiver of USF guidelines so it can provide a refund to Cox subsidiary Palmetto Net for overreporting assessable revenue in a 2022 worksheet, which resulted in an overpayment.
The Nebraska Public Service Commission unanimously adopted state USF and telecom service quality orders Tuesday. The PSC will use the FCC's broadband data collection (BDC) as the replacement for Form 477 data that the state commission previously used to determine broadband availability in each census block, said the Nebraska USF order in docket NUSF-139. Previously, some rural telcos raised concerns about relying on BDC data for NUSF high-cost distributions (see 2310020062). The PSC understands "concerns that, as a newer data source, the BDC data and challenge process may still need corrections," but it expects that many past issues were corrected in the Nov. 17 broadband fabric update, it said. The PSC will provide its own challenge mechanism to "allow carriers to correct any missing broadband serviceable locations or correct any other misidentified information appearing in the FCC’s updated broadband availability data,” it said. Relying on the FCC challenge process wouldn’t be as quick, it said. The PSC decided to retain a 25 Mbps download and 3 Mbps upload speeds benchmark for determining which census blocks are eligible for broadband deployment support in 2024. However, the agency noted it still considers speeds between 25/3Mbps and 100/20 Mbps as underserved, and that NUSF support recipients must provide at least 100/100 Mbps. Also, the PSC adopted a payment structure for NUSF broadband buildout support that aligns with its National Broadband Bridge Program and Capital Projects Fund programs. Commissioners also agreed 5-0 to adopt a service quality order requiring price cap carriers Lumen, Windstream and Frontier Communications to refresh the record by Jan. 5 on repair and replacement timelines, dispatch procedures and how many technicians they have on staff (docket C-5303). The companies’ previous answers to those questions -- first asked in an August 2021 order -- failed to alleviate the PSC’s concerns, and the commission keeps getting consumer complaints, it said. The PSC scheduled a hearing on the matter for Jan. 17 at 1:30 p.m. CST.