NAACP President Derrick Johnson challenged state utility commissioners to increase diversity and be more inclusive, in a Monday keynote at NARUC’s virtual summer meeting. NARUC President Brandon Presley pledged “intentional actions” to end systemic racism, backing up the association’s June 4 statement amid a national reckoning. Another major crisis, the COVID-19 pandemic, drove broadband discussions Monday.
Wireless carriers must have 72 hours backup power at many California cellsites to maintain coverage during wildfires and public safety power shutoffs, the California Public Utilities Commission decided unanimously Thursday. Also at the livestreamed virtual meeting, commissioners all supported a utility affordability order that defines essential internet service as a fixed service providing 25 Mbps download and 3 Mbps upload speeds, plus 1 terabyte of data.
Frontier Communications’ reorganization is facing state scrutiny where the carrier sought speedy reviews. Some commissions seek more information in their proceedings and at U.S. Bankruptcy Court for the Southern District of New York. Unions and consumers groups are prodding states to look closely. “States are collectively bringing forward the perspective of the average ratepayer,” which can get lost in bankruptcy court, said Connecticut Public Utilities Regulatory Authority Chair Marissa Gillett in an interview.
A New York state bill seeking a broadband availability study cleared the Assembly Corporations, Authorities and Commissions Committee Monday. A-6679 is “very important in light of COVID and so many children having to learn online,” said Chair Amy Paulin (D) at the livestreamed virtual hearing. It would direct the Public Service Commission ask the public rather than rely completely on FCC availability data submitted by companies, she said. The panel sent the bill to the Rules Committee. A similar measure (S-5696) awaits full Senate action.
Colorado is reworking its method for collecting local 911 fees. Gov. Jared Polis (D) signed HB-1293 Friday to replace a system in which 58 local 911 governing bodies set their own surcharges and must ask the Public Utilities Commission for approval to charge more than 70 cents. The new law requires the PUC by Jan. 1 to adjust the cap annually for inflation, and establishes a separate statewide 911 surcharge, up to 50 cents monthly on phone bills, to be distributed to the local 911 bodies based on the size of their system. Prepaid wireless will be treated like landline, wireless and VoIP. The drawback to the old approach was that rural and mountain communities with small populations didn’t have enough subscribers to produce enough revenue for the size of their 911 systems, “which don't scale well at the small end and oftentimes have to be bigger than their population would indicate due to tourist traffic,” state 911 Program Manager Daryl Branson emailed Monday. The new approach will provide more funding to all local 911 governing bodies, with proportionally more support to rural and mountain areas, he said. HB-1293 is expected to increase revenue to local governments by $3.2 million in FY 2020-21, $6.5 million the following fiscal year, said a June 8 fiscal note by Colorado Legislative Council staff.
Lifeline eligible telecom carriers offered the FCC an alternative to revoking Texas’ opt-out certification from the National Lifeline Accountability Database (NLAD). The National Lifeline Association (NaLA) proposed revoking opt-out to remedy a state process ETCs say is preventing reimbursement (see 2007020033). In comments posted Monday in docket 11-42, TracFone agreed with NaLA that the Texas system doesn’t comply with NLAD opt-out requirements or federal Lifeline rules. Rather than revoke the PUC’s opt-out, the FCC should clarify that the Texas low-income discount administrator’s (LIDA) real-time verification process using an application programming interface between LIDA and ETCs can be used for reimbursement, rather than rely on an end-of-month report that doesn’t include subscribers who enroll in the second half of the month, TracFone said. Allowing only the report “has resulted in Texas ETCs being the subject of unwarranted audits and demands for return of USF support by” Universal Service Administrative Co., and FCC probes and enforcement actions, it said. The current situation harms Lifeline ETCs and customers, but revoking opt-out could cause disruption, so clarify the real-time API approach may be used, Q Link Wireless asked. If the FCC won’t revoke opt-out status, condition Texas keeping it, said TruConnect. “The current trajectory will result not only in improper underpayments to ETCs, but also enforcement and audit actions based upon erroneous legal and factual conclusions. These results abuse the dwindling group of carriers still willing and able to provide critical Lifeline services in Texas.” The Texas PUC is looking into the problems, saying ETCs should have come to the state agency first (see 2007100027).
A Connecticut regulator deemed incomplete Frontier Communications’ updated application involving the telco’s bankruptcy reorganization Friday, but the carrier said there was a "computer issue." The Public Utilities Regulatory Authority (PURA) dismissed Frontier’s application last month because its reorganization plan was a draft and subject to change. The carrier submitted again July 1 in docket 20-04-31. “The filing consists of exhibits and other supporting documents for an updated joint petition; however, the filing materials do not include an updated joint petition,” PURA wrote back: The company must file a complete application by Aug. 10. “Frontier provided PURA all necessary information and it is Frontier’s understanding that due to a computer issue it was not logged in PURA’s electronic system," a spokesperson responded Friday. "Frontier will continue to respond as needed to move the approval process forward expeditiously.” At the California Public Utilities Commission Thursday, Frontier rejected protests to its similar application in docket A.20-05-010, where consumer advocates and Communications Workers of America sought a thorough review of its application. The CPUC should resist “attempts to unreasonably expand the scope of the proceeding beyond the public interest analysis of this limited transfer of control,” Frontier said. It’s “not an open-ended opportunity to evaluate” the operations, nor is it a “referendum” on the company acquiring Verizon assets in 2016, it said. CWA urged the Minnesota Public Utilities Commission last week to follow PURA’s approach and dismiss Frontier’s application (see 2007090049).
Eligible telecom carrier designation is valuable to state commissioners and mustn't be eliminated, NARUC Telecom Committee members said in interviews last week. The committee plans to vote at the state regulator association’s July 20-22 virtual meeting on a proposed resolution that would reject an idea supported by some industry and FCC Commissioner Mike O'Rielly that raised state alarm (see 2007070057). State commissioners supporting the draft by Chair Karen Charles Peterson of Massachusetts said they haven’t seen the process discouraging providers from seeking USF funding. Two industry groups disagreed.
Approving Frontier Communications bankruptcy reorganization is in the public interest, Minnesota’s Commerce Department said in Wednesday comments at the Public Utilities Commission. "Frontier would be in danger of disrupting service to its customers had it not sought bankruptcy protection from its creditors and arranged for approval of its plan of reorganization,” the department said in docket 20-504. U.S. Bankruptcy Court for the Southern District of New York could deny Frontier’s plan without state commission OKs, the department said. “Such action would delay efforts to restructure Frontier and institute reliable customer service.” The department asked the PUC to add a most-favored-state condition to its OK in case other states get special commitments. Two unions said Frontier’s application is deficient. Proposed new owners haven't joined in the application as law requires -- and they probably can’t -- "since they do not presently exist as legal entities,” commented Communications Workers of America. The proposed reorganization isn’t ripe for PUC consideration because it’s only a draft, said CWA, noting Connecticut’s Public Utilities Regulatory Authority dismissed Frontier’s similar application last month because it was subject to change. The Minnesota PUC should similarly dismiss the application or deem the filing incomplete and hold it in abeyance, CWA advised. The Laborers' International Union of North America-Minnesota and North Dakota said it gets why Frontier must restructure but must know more. “The application does not discuss how Frontier will balance market challenges and customer obligations, or how the company intends to handle obligations to third-party contractors or ensure that cost management measures do not negatively impact contractor workforce.”
FCC Commissioner Mike O’Rielly wants to explore the 12 GHz and 7 GHz bands as the commission seeks 500 to 800 MHz of additional spectrum for licensed commercial purposes in the next three to five years, he said on a Thursday webinar by the New York State and New Jersey wireless associations. O’Rielly is talking to manufacturers, providers, academia and others about those two and other bands, he said: “There are also a couple other bands being privately discussed but are not necessarily ready for prime exposure just yet, or maybe they never will be.” He would welcome suggestions about “any magical bands previously not discussed.” Spectrum between 3.1 and 3.55 GHz is at the top of O’Rielly’s list of next bands, he said. “I know the upper 100 [MHz] can be repurposed without much heartburn, and we can work through the second 100 the same way,” he said. The “bulk” of the remaining 250 MHz in the lower part of the band must be shared, he said. O’Rielly earlier this week said NTIA was too conservative in a report that highlighted only the top 100 MHz as a “good candidate” for sharing (see 2007070062). O’Rielly slammed New York and New Jersey state governments for diverting 911 fees for unrelated purposes (see 2004020064). “Your leaders are unwavering in their commitment to steal these vital fees. They can’t be swayed by underfunded call centers or outdated technology. They don’t seem to care they are no longer eligible for certain federal monies.” O’Rielly lashed into New York City Mayor Bill de Blasio (D) for a Tuesday plan to redirect $87 million from the New York Police Department as part of $157 million to add internet options for underserved New Yorkers. About 22 million people in the U.S. “have nothing, and he wants someone to have a fourth or fifth ... broadband provider,” said O’Rielly. De Blasio's office didn’t comment.