NARUC Expected to Pass Resolution Seeking Lifeline Implementation Delay

NARUC urged the FCC to grant requested waivers of the imminent Lifeline deadline -- including a petition by USTelecom that received state support (see 1610210046) -- in a draft resolution that could change before this month's vote. “It is unlikely that most or all affected States will be able to change their rules prior to the current effective date of the new federal rules as some State Commissions and Legislatures will have to complete specific procedures to make the necessary changes,” said the draft resolution sponsored by Michigan Public Service Commission Chairwoman Sally Talberg.

Several state commissions supported the USTelecom petition or filed separate waiver requests, and additional requests seem likely, said the draft resolution. "Absent such waivers, eligible telecommunication carriers (ETCs) and State administrators in affected States will face significant confusion and increased administrative overhead, which could undermine efficiencies intended by the Lifeline Order," it said. “Such confusion about the applicable eligibility rules has the potential to result in denial or, at a minimum, delay of Lifeline benefits to qualifying low-income subscribers, defeating the goal of the Lifeline program.”

USTelecom supported the draft. “As NARUC notes, grant of the [USTelecom] waiver will provide all parties with a better opportunity to address the differences between state and federal Lifeline programs,” USTelecom Vice President-Law and Policy Kevin Rupy said in an emailed statement. “Given the need of the impacted states to make necessary changes to their governing statutes and/or regulations, grant of the requested waiver will better ensure a smooth, efficient, and effective transition implementing the FCC’s recent reforms.”

NARUC members are likely to pass the Lifeline item and three other telecom resolutions, said National Regulatory Research Institute Principal Sherry Lichtenberg. NRRI is the research arm of NARUC. “The NARUC telecom resolutions focus on issues confronting the states today, for example making sure that the states receive adequate notice of requests for numbering resources from VoIP providers and the waiver of Lifeline eligibility changes to allow the states to bring their own systems into compliance with the FCC's new rules,” Lichtenberg emailed. “Because they focus on immediate issues, they should pass fairly easily.”

In a draft resolution about the Connect America Fund, NARUC urged the FCC to preserve state, tribal and territorial authorities over universal service oversight and annual certification function, and ensure authorities have timely access to CAF ETC reporting data. "It is unclear when State, Tribal or Territorial authorities will be able to access the data to be reported through the online portal being developed by [Universal Service Administrative Co.] USAC or whether that data will be made available in time for the annual State certification process or will be delayed as currently occurs for State commission access to carrier reported data in the FCC’s Form 477 online portal,” the resolution said. “Any delay in accessing data reported by CAF ETCs will certainly impact State, Tribal, or Territorial authorities’ ability to annually certify those carriers’ use of universal service support by October 1.” The resolution is sponsored by state Commissioners Karen Charles Peterson of Massachusetts, Sarah Hofmann of Vermont and Betty Ann Kane of the District of Columbia.

The federal commission should keep its requirement that CAF ETCs report data directly to relevant states, tribes and territories, and “explicitly require” the ETCs to do so, it said. States, tribes and territorial authorities should be able to request the data from CAF ETCs, and seek “additional information they judge necessary to ensure that CAF ETCs are using universal service support consistent with federal law,” the resolution said. It said the FCC should direct USAC to “implement a process in consultation with NARUC to ensure that State commissions and other relevant authorities will be notified of data revision requests made by USAC to CAF ETCs and to any revisions to data made by CAF ETCs.” The commission should clarify how states, tribes and territories may dispute the accuracy of reported data, it said.

The group also plans to vote on two resolutions about numbers. A draft resolution sponsored by Kane urges the FCC (1) not to grant VoIP providers' nationwide applications for phone digits unless the company seeks numbers to be used in all states, (2) require interconnected VoIP providers to disclose where they're seeking numbering resources so states may comment, (3) require the providers to follow state numbering procedures, and (4) require the providers to give 30 days' notice to relevant state commissions for the number of thousands-blocks in each rate center where they're requesting numbers.

Members also will vote on numbering best practices recommending state commissions use area code overlays to solve number exhaustion and encouraging nationwide adoption of 10-digit dialing. Since 2005, there has been only one area code split, in which an area code is divided into two, with area codes changed in one half, noted the draft resolution by state Commissioners Paul Kjellander of Idaho and Philip Jones of Washington state. But there have been 30 area code overlays, with nine more coming this year and next, it said. In an overlay, an additional area code is added for new numbers, and callers in the area must dial 10 digits. "The implementation of more ubiquitous 10-digit dialing: (a) will simplify the dialing of telephone numbers minimizing call routing issues, and (b) supports the extension of the life of the current North American Numbering Plan by minimizing need for grandfathered numbers associated with the split form of relief,” the resolution said: Overlays and ubiquitous 10-digit dialing support the transition to an all-IP network.