The 10th U.S. Circuit Court of Appeals rejected on procedural grounds Blanca Telephone’s pursuit of a stay of an FCC order that the company repay $6.75 million in USF support. The FCC asked the court to reject the petition on procedural ground (see 1712280029). “Because petitioner has not made showings sufficient to obtain a stay pending a ruling on the mandamus petition, we deny the stay motion,” said an order from the court. “The emergency motion for stay is denied, the motions to supplement are granted, and the mandamus petition remains under consideration.”
The FCC told the 10th U.S. Circuit Court of Appeals it should reject on procedural grounds a petition by Blanca Telephone seeking a stay of an order that Blanca must repay $6.75 million in USF support "to which it was not entitled." Earlier this month, commissioners upheld an Office of Managing Director decision ordering the repayment (see 1712110055). “Blanca did not request a stay from the FCC before seeking judicial intervention and now seeks a judicial stay on grounds that it never presented to the agency,” the FCC said in a filing with the court. “More fundamentally, Blanca’s stay motion makes no attempt to show that the Order is wrong on the merits or is likely to be overturned upon further review. That stark failure provides a separate and additional basis on which the stay request must be denied.” Blanca didn’t comment.
The Idaho Public Utilities Commission set Jan. 17 and Feb. 28 workshops on revamping state USF, in a notice last week. At the first workshop, commission staff “will summarize the issues related to the ongoing viability of the IUSF and potential solutions and outcomes," the PUC said. Afterward, stakeholders have until Jan. 31 to file position papers, it said. The Idaho PUC said it would weigh changes to USF after doubling monthly USF fees in August (see 1708230029).
More than 50 federal and state officials and 200 rural telcos have sent letters in recent weeks to FCC Chairman Ajit Pai urging action by year-end on additional USF broadband subsidies for RLECs using the Alternative Connect America Model support mechanism, said an ITTA release Thursday. The group said if the commission increases funding up to $200 per month per eligible location in ACAM support, carriers could bring high-speed internet access to more than 70,000 currently unserved and underserved rural residences and businesses.
The FCC gave a waiver to Lifeline eligible telecom carriers affected by delay in launch of a national verifier of consumer eligibility for the low-income USF support program in six states (see 1712010042). The Wireline Bureau temporarily waived "recertification rules in Colorado, Montana, Mississippi, New Mexico, Utah, and Wyoming from January 1, 2018 through the date of the soft launch of the National Verifier for subscribers whose recertification deadlines or 'anniversary dates' would otherwise fall during that time frame," said a public notice in docket 11-42 and Tuesday's Daily Digest. Because the national verifier will reverify consumer eligibility, ETCs in the six states were instructed not to recertify the eligibility of Lifeline consumers with anniversary dates starting in January. "Now that the initial launch of the National Verifier has been delayed, however, those subscribers are at risk, through no fault of their own, of not having completed the recertification process by their anniversary dates," the PN said. The bureau partially granted the Michigan Public Service Commission extension of a waiver from Lifeline eligibility criteria changes through June 30 or the date on which the state aligns its eligibility criteria with the FCC's and updates its database. The PSC sought the waiver through Dec. 31, said an order in the docket.
The FCC released an NPRM and order to review its Rural Health Care Program of USF support and provide some near-term funding relief. Comments will be due 30 days after Federal Register publication, replies 30 days later, said the 84-page text issued Monday in docket 17-310 after being adopted unanimously by commissioners at Thursday's monthly meeting (see 1712140054).
The FCC approved an NPRM seeking comment on possible relaxation or elimination of the national cap on TV station ownership on a 3-2 party-line vote, as expected (see 1712060051). Though Commissioner Mike O’Rielly voted with the other Republicans to approve, he said he agreed with the Democrats the FCC doesn’t have authority to alter the cap. Despite that, if the FCC acts to modify the cap after the NPRM, O’Rielly said he will “happily support” Thursday's action: “That is not to suggest my position has changed, but only that I believe in getting to finality and am willing to cast a vote that will allow the commission to take the needed step to get this to court review.”
At Universal Service Administrative Co., FCC Chairman Ajit Chairman Pai OKs appointment from Farm Services Administration of Radha Sekar as USAC CEO; Vickie Robinson was acting CEO; the nonprofit that helps administer USF said its board accepted Robinson's resignation in roles also including vice president-general counsel, effective Dec. 31 and says she "accepted a leadership role with Microsoft’s Airband Initiative Team"; the company didn't comment ... New York Interconnect Head/Altice Media Solutions President Ed Renicker named CEO of new multi-operator cable advertising interconnect (see 1712130052).
A governor, a U.S. senator and more RLECs urged the FCC to approve additional funding this year for the Alternative Connect America Model (A-CAM) USF mechanism supporting many rate-of-return telcos. "Doing so will ensure that thousands of additional Nebraskans will benefit from new or upgraded broadband services since the companies that receive A-CAM support are obligated to provide those services under the FCC's 2016 order," Nebraska Gov. Pete Ricketts (R) wrote Chairman Ajit Pai. The high-cost support program is "critical to achieving our national broadband goals and closing the digital divide," said a similar request to Pai from Sen. Amy Klobuchar, D-Minn: "Lack of resources to meet these national goals is undermining investment and consumer access to affordable broadband across much of rural America." Rural telcos wrote letters to the FCC posted in the last week in docket 10-90 asking for additional A-CAM funding up to $200 per month per eligible customer location for Arkansas, California, Colorado, Michigan, Mississippi, New York, Ohio, Pennsylvania and Virginia. RLECs from 10 states previously sent letters (see 1712040035).
The FCC upheld an Office of Managing Director decision that Blanca Telephone must repay $6.75 million in USF support "to which it was not entitled." Commissioner Jessica Rosenworcel concurred and Commissioners Mignon Clyburn and Mike O'Rielly issued separate statements in an order Friday in docket 96-45 that said Blanca included nonregulated mobile service costs in its regulated cost accounts. Blanca filed a petition for reconsideration arguing the OMD decision wasn't authorized. The item circulated last month (see 711270034).