Lifeline providers pressed the FCC to act on their petition to reconsider looming minimum service standard changes for eligible telecom carriers (ETCs) receiving subsidies in the USF low-income support program. Upcoming increases in FCC-prescribed "family-sized portions of voice and broadband services" threaten ETC ability "to make critical Lifeline services affordable for consumers, regardless of the size of their household," said the Lifeline Connects Coalition in a filing posted Tuesday in docket 09-197 on a meeting with an aide to Commissioner Mignon Clyburn. The LCC suggested consumers "would be best served by leaving the December 2016 quantitative minimum service standards in place and letting consumers -- rather than regulators -- choose from competing ETCs for the services that best suit their needs." The LCC asked for streamlined FCC review of all Lifeline matters, given "a perpetual logjam of undecided applications for review and ETC designations, compliance plans and other transaction-related approvals" that created a "morose" climate of regulatory uncertainty threatening provider health. The coalition -- American Broadband & Telecommunications, Blue Jay Wireless, iWireless and Telrite -- said implementing "rolling recertification" should be delayed so recon issues can be considered and a national verifier implemented.
A state broadband fund proposed in Arkansas could jeopardize federal funding from the Connect America Fund Phase II, CenturyLink warned at a state House committee hearing Wednesday. The Arkansas House Advanced Communications and Information Technology Committee approved by voice vote a broadband bill (HB-2099) that would set up reverse auctions to provide support for unserved and underserved areas. The bill would require the Arkansas Economic Development Commission to establish technology-neutral rules for a broadband grant program using reverse auctions. ISPs bidding for unserved areas would have to provide at least 10 Mbps download and 1 Mbps upload speeds, and ISPs bidding for underserved areas would be required to meet the FCC definition of broadband, currently 25/3 Mbps. Funding would come from state surpluses or the governor’s quick action closing fund. State reverse auctions are “premature” and could jeopardize federal funding from CAF II, said CenturyLink Director-Government Relations Katie Burns at the hearing. “CenturyLink, along with AT&T and Windstream, have accepted those federal funds based on certain criteria. A reverse auction process would go against a lot of that criteria.” Phone companies oppose the bill because they’re receiving money from the federal government and the state USF high-cost fund, responded sponsor Rep. Stephen Meeks (R). “That helps to move the ball forward, but there are other internet service providers that don’t have access to any of those funds.” Small and medium-sized ISPs could benefit greatly from the proposed grants, he said. Meeks said the bill sets up a rulemaking process in which all providers may raise concerns, and the rules would need final sign off from the General Assembly. “Do not let fear of what might happen be the enemy of what good could happen,” he said.
Sandwich Isles Communications asked the FCC to revise a protective order in proceedings on the carrier's USF high-cost support (see 1703130068). SIC said it didn't object to the inclusion into the record of documents filed with Universal Service Administrative Co. or the commission about a USAC audit that was the subject of an FCC order requiring the company to repay $27.3 million in subsidy support for rule violations (see 1612060032). "The March 13 Order and -- to the extent that it is meant to have legal effect -- the accompanying Public Notice must be clarified because they (a) utterly fail to define the scope of materials subject to protection and seemingly involve materials that are no longer subject to the Commission’s jurisdiction, (b) establish procedures that have no meaningful application in the present situation, and (c) set up a process that makes it virtually impossible for SIC to object to the disclosure of a particular document or documents." The order "transgresses orderly procedure as mandated by the Administrative Procedure Act and the Constitution," the company said.
Questioning from House Communications Subcommittee Chairman Marsha Blackburn, R-Tenn., Tuesday focused on whether and how Congress channels broadband infrastructure funding. She asked if money should go through USF or elsewhere -- or if it should be “expanded to include a grant-making operation?” President Donald Trump pressed for a $1 trillion infrastructure package this Congress. Blackburn and others said broadband must be a part of this vehicle and debated details of legislative tools available, during Tuesday’s hearing (see 1703200067).
FCC Commissioner Mignon Clyburn said she's concerned a "poor tax" could be imposed on low-income beneficiaries of the Lifeline USF subsidy program to ensure they have "skin in the game." She also criticized the agency's Republican leadership for protecting "free data" and innovative offerings for general consumers without making similar commitments for low-income recipients and while undoing Lifeline broadband provider (LBP) designations.
The FCC made corrections and technical tweaks to a 2016 rate-of-return USF order, in a rule summary in Monday's Federal Register. The changes took effect Monday. Separately, the FR is scheduled to publish Tuesday a rule summary of the commission's recent order on a planned Connect America Fund Phase II reverse auction of $1.98 billion in fixed broadband subsidy support over 10 years (see 1702230019), according to an unpublished version. The order setting bid weights and some other details for the CAF I reverse auction will take effect 30 days after FR publication, which would be April 20.
Sandwich Isles Communications made its case to FCC officials against agency actions targeting the carrier for violations and alleged violations of high-cost USF rules in Hawaii, but the company also sought a way to address commission concerns. SIC representatives cited the "substantive and procedural defects" of a commission Dec. 5 order directing the Universal Service Administrative Co. to recover $27.3 million in subsidy support the company received. They also cited "the inconsistencies" of that order with a related notice of apparent liability proposing to fine SIC $49.6 million (see 1612060032), said a filing Monday in docket 10-90 on meetings with staffers of Chairman Ajit Pai, Commissioner Michael O'Rielly and the Wireline Bureau. Meeting participants discussed ensuring continued telecom services in the Hawaiian Home Lands (HHL) and USF program integrity, plus SIC's role in the HHL and "a process to resolve the perceived issues that would protect the interests of the Native Hawaiians," the filing said.
FCC staff set procedures for filing annual access charge tariffs and tariff review plans (TRPs) for price-cap incumbent local exchange carriers and rate-of-return ILECs. A Wireline Bureau order Thursday in docket 17-65 "sets an effective date of July 1, 2017, for the July 2017 annual access charge tariff filings made on 15 days’ notice; sets a modified effective date of July 3, 2017, for the July 2017 annual access charge tariff filings made on 7 days’ notice; establishes the dates for filing petitions to suspend or reject an [ILEC] tariff filing and replies to such petitions; and addresses service of the petitions and replies." The order also set May 17 as the date for price-cap ILECs to file short-form TRPs. The FCC's 2011 USF-intercarrier compensation overhaul order requires ILECs "to adjust, over a period of years, many of their switched access charges effective on July 1 of each of those years," the bureau said.
Aspiring Lifeline broadband providers and others urged the FCC to reinstate nine companies whose LBP designations were revoked by a Wireline Bureau order that Chairman Ajit Pai defends. State regulators opposed reinstatement and urged the commission to repeal its LBP process, which they say illegally bypasses state authority to designate carriers eligible for the USF Lifeline subsidies. LBP aspirants urged the FCC to at least make providers eligible for the program's low-income support in states where the federal commission has jurisdiction. Parties filed comments posted Thursday and Friday in docket 11-42 on requests to reconsider the Feb. 3 revocation order (see 1702030070 and 1703020059).
FCC staff granted two waivers from an invoicing deadline in the E-rate USF program subsidizing school and library broadband/telecom services and connections. The Wireline Bureau waived a requirement that E-rate applicants seek an extension before an invoice filing deadline applying to those "for whom the Universal Service Administrative Company (USAC) had not, as of October 31, 2016, issued the FCC Form 498 ID, and who therefore were unable to submit an invoice." The bureau directed USAC to grant such applicants a 30-day extension. It also granted a rule waiver "for several petitioners that properly requested an invoice deadline extension but failed to timely file their invoice filings due to circumstances beyond their control, including USAC’s inability to timely process their invoice deadline extension requests," in an order Thursday in docket 02-6.