Sandwich Isles Communications petitioned for the entire U.S. Court of Appeals for the D.C. Circuit to reconsider the D.C. Circuit's dismissal of SIC's appeal because it had missed an FCC deadline (see 1905170020). The agency alleges improper USF payments to the company. SIC said (in Pacer) Friday that an FCC employee didn't have authority to impose statutory limitations on seeking review of an order during the recent government shutdown. If there's not a full-court rehearing, the telecom company "requests a panel rehearing based on the panel’s misapprehension of the public notices issued by the FCC concerning the timing of the agency’s suspension of operations."
The FCC seeks comment by July 1, replies July 15 on a petition by the New Hampshire Public Utilities Commission for authority over number optimization measures in the 603 area code, said a Friday Wireline Bureau public notice on docket 99-200. The current pooling mechanism is inefficient, NHPUC said, and could hasten the exhaust of New Hampshire's only area code, described as "closely linked in the public mind with the state."
FCC staff gave waivers to Cass Telephone and Magna5, dba Richmond Telephone, related to business data services deregulation (see 1810230032), the Wireline Bureau ordered Friday. The companies missed a May 1 deadline for rate-of-return carriers to notify the bureau of intent to elect incentive regulation for their BDS business. Staff found special circumstances applied here.
ITTA shot back at Enterprise Users Commenters’ criticism (see 1905300053) of ITTA’s FCC petition for a declaratory ruling that carriers are permitted to recover telecom relay service (TRS) fund contributions through a cost recovery fee line item on consumer bills. Kairos represents Enterprise Users Commenters, which includes dozens of companies. “Kairos Partners’ mission is to ‘identif[y] telecom tax reduction opportunities ... resulting in significant cost savings to [its] clients,’” emailed ITTA Vice President-Regulatory Affairs Michael Jacobs Thursday. “This begs the question of what the Kairos Partners is seeking to achieve ... specifically, whether, contrary to the specific provisions of the [Americans with Disabilities Act] they are attempting to evade contributing to the TRS Fund.” The proceeding is in docket 03-123. Kairos didn't comment Friday.
The FCC approved a National Carrier Exchange Association proposal on an updated RLEC access fee formula effective July 1-June 30, the Wireline Bureau ordered, in Thursday's Daily Digest. The agency received no comments in docket 18-373 after it released a public notice in February (see 1902060023).
A group of Texas carriers is asking the FCC to amend rules on E-rate competitive bidding requirements to discourage the overbuilding of schools and libraries served by the USF program where federally supported fiber already exists (see 1905230005). Comments are due July 1, replies July 16, in docket 13-184, said a Wireline Bureau public notice Thursday.
Enterprise Users Commenters, representing dozens of companies, met with staff from the FCC Wireline and Consumer and Governmental Affairs bureaus to oppose ITTA’s petition for a declaratory ruling, said a posting Thursday in docket 03-123. ITTA seeks a ruling that carriers are permitted to recover telecom relay service fund contributions through a cost recovery fee line item on consumer bills (see 1905070038). The companies said it would be an “egregious violation” of the Americans with Disabilities Act “to stigmatize disabled individuals as a ‘cost burden’ to society by identifying or referencing the cost of any ADA service on consumers’ bills.” They objected to ITTA’s use of the term “non-specific line items,” saying the FCC doesn’t differentiate between specific and non-specific line items. Collectively called Enterprise Users Commenters, the companies include 3M, MasterCard Technologies and MediaNews Group. The group in the docket also reported other FCC meetings, including with Commissioner Mike O'Reilly and Travis Litman, chief of staff to Commissioner Jessica Rosenworcel. ITTA didn't comment right away.
FCC staff delayed the start of technical tests for broadband speed and latency mandated under a July 2018 performance measures order, until Q1, said a Wireline Bureau public notice Thursday in docket 10-90. Rural broadband groups said members could lose USF support if the testing protocols weren't in place in time for the earlier start dates planned for this year's Q3 and Q4 (see 1905150018). Commissioner Mike O'Rielly supported the delay. "We must ensure subsidies are used efficiently but testing can't be overburdensome and providers need clarity on requirements," he tweeted Thursday. "Swift resolution of pending challenges and requests is appropriate." FCC Chief of Staff Matthew Berry retweeted O'Rielly's tweet.
In an intercarrier rates dispute case, AT&T and defendant Great Lakes Communication asked the FCC for an abeyance in proceeding 16-170 (see 1608170042) while they discuss terms of a settlement to dismiss the case. They said that in a motion posted Wednesday.
The FCC granted an application letting Epic Touch buy CP-Tel, giving it control of Louisiana telcos Campti-Pleasant Hill Telephone and CP-TEL Network Services. The Wireline Bureau will impose a cap on USF support to mitigate against potential cost shifting between the cost-based support model used by current Epic Touch operations and the high-cost USF support model CP-Tel properties operate under (see 1807190033). That's per a public notice in Wednesday's Daily Digest.