The California Public Utilities Commission may vote Aug. 25 on a proposed decision to reduce California LifeLine subsidies when total federal monthly support applied to a LifeLine plan is more than $9.25. “If the total federal monthly support applied to a service plan exceeds the sum of $9.25 and the applicable California subsidy, such as when the $30 Affordable Connectivity Plan subsidy is applied to a service plan, then no California LifeLine subsidy will be recoverable for that service plan,” said Thursday’s proposal in docket R.20-02-008. The CPUC wouldn’t change reimbursements of connection or administrative fees for plans receiving more than $9.25 of federal support, it said. The proceeding would remain open to “consider whether to modify the monthly subsidies or minimum service standards for California LifeLine service plans,” it said. An earlier proposal by CPUC staff irked the wireless industry, which said in April comments the plan could conflict with state and federal law (see 2204150043). CTIA declined to comment Thursday.
Keep things simple when weighing possible changes to the California Advanced Services Fund (CASF) broadband infrastructure account, Frontier Communications cautioned the California Public Utilities Commission. The CPUC received replies Tuesday to last week’s comments in docket R.20-08-021 (see 2206280032). Historically CASF has been underutilized, said Frontier. “The more contingencies and complexities are attached to grant applications, the less accessible the funding will be.” The California Cable and Telecommunications Association urged the CPUC not to be swayed by consumer advocates asking to shift focus from unserved communities to “separate issues like affordability and adoption.” While important, addressing those subjects here would exceed the scope of the infrastructure account, CCTA said. The CPUC’s independent Public Advocates Office urged the commission to reject Verizon claims that providing an incentive for offering a low-income broadband plan would be rate regulation. “Participation in CASF is optional,” PAO replied. Also, the CPUC should keep a proposed $15 monthly low-income broadband plan requirement and reject Verizon’s recommendation to allow a CASF grantee to get additional funding if its subsidiary provides state or federal Lifeline services.
The Colorado Broadband Office expects to tap $500 million in federal coronavirus and infrastructure funding for a new grant program, the CBO said Wednesday. The Advance Colorado Broadband program will “prioritize community-driven projects where stakeholders plan to work together to address the state’s broadband needs,” said CBO: Potential applicants should file letters of intent by July 18.
Alaska’s attorney general disagreed with CTIA seeking no major changes to Alaska USF. The AG’s Regulatory Affairs and Public Advocacy Section (RAPA) supported -- while CTIA opposed -- switching to a connections-based contribution method, in comments last month at the Regulatory Commission of Alaska (see 2206140074). CTIA’s suggestion that the RCA sunset AUSF rather than repurpose it for broadband “is counter to the long-standing federal and state communications policy goals of universal service,” RAPA replied Tuesday in docket R-21-001. RCA hasn’t found “that preservation of universal service is no longer accomplished through the AUSF” or that the fund “no longer promotes the efficiency, availability, and affordability of universal telephone service in Alaska,” it said. CTIA sees “broad opposition” to repurposing AUSF for broadband, said the wireless association. Incoming federal funding from the Infrastructure Investment and Jobs Act is “extremely relevant” to RCA’s consideration and “weighs strongly against taking action at this time.” GCI supports continuing a limited state fund, it said. “AUSF support for broadband is illegal under Alaska law and not supported by good policy,” as would be including broadband in the contribution base, said the carrier: GCI would be OK with shifting to a connections-based method or keeping the current revenue-based surcharge. Alaska Communications supported “many aspects of RAPA’s proposal, in that it would refocus support to areas with the greatest need.” The company doesn’t agree “the RCA should require AUSF recipients serving both high and low density areas to meet generalized service metrics to show they have used support for the purposes intended,” it said. Adopting RAPA’s plan to assess broadband connections “would be inviting possible future invalidation of part or all of the AUSF program either through a direct legal challenge to the Commission’s regulations or indirectly through other state or federal litigation,” warned the Matanuska Telecom Association. The Alaska Remote Carrier Coalition urged the RCA to adopt connections-based contribution and focus subsidies on remote areas not connected by roads.
NARUC plans to weigh a draft resolution on increasing enrollment in the affordable connectivity program (ACP) at its July 17-20 policy summit in San Diego, said a list of resolutions released Wednesday. Also, NARUC will consider a draft by Virginia State Corporation Commission Judge Jehmal Hudson to commit the state utility regulator association to expanding diversity, equity and inclusion programming. State commissions, the FCC and the Universal Service Administrative Co. (USAC) should "work collaboratively with federal and state agencies that implement programs whose target participants are eligible for Lifeline and ACP to promote awareness ... among eligible households,” said the ACP resolution by Nebraska Public Service Commissioner Crystal Rhoades (D). The FCC and USAC should "establish agreements with federal and state departments of agriculture and the health and human services, and other federal and state agencies implementing programs that establish consumers’ eligibility for Lifeline and ACP,” it said. Fewer than 27% of 46.4 million eligible households are enrolled in ACP, compared with 79.9% of eligible people participating in the Supplemental Nutrition Assistance Program (SNAP) and 84% in Medicaid, noted the draft. Lifeline national verifier access to state SNAP and federal/state Medicaid databases "greatly improved the National Verifier's efficiency and accuracy in verifying eligibility and the ease of enrollment for low-income consumers,” but SNAP databases in more than half the states still haven't been connected "due to a number of barriers, including lack of funding,” it said.
It wouldn’t promote judicial economy to bifurcate Ohio’s lawsuit claiming Google is a common carrier, the company said Friday at the Ohio Common Pleas Court in Delaware County (case 21 CV H 06 0274). The court ruled May 24 that Ohio “stated a cognizable claim” that Google could be a common carrier, though it disagreed the company is a public utility (see 2205260057). The court asked Google June 13 to respond to Ohio’s request to bifurcate the case. That would be inefficient, Google said in opposition. “The discovery, briefing, and possible trial of factual disputes necessary to resolve Ohio's claim that Google Search is a common carrier will require examination of the same evidence and law that must be examined to resolve Ohio's requests for declaratory and injunctive relief in the second count of its Complaint.”
The Minnesota Public Utilities Commission plans to vote July 14 to open a proceeding to consider revoking LTD Broadband’s expanded eligible telecom carrier designation (docket M-21-133), said a Friday agenda. LTD needs the ETC designation to get Rural Digital Opportunity Fund support. The meeting starts at 10 a.m. CDT. Minnesota’s Commerce Department and attorney general’s office recommended opening the proceeding in response to concerns raised in a petition by the Minnesota Telecom Alliance and the Minnesota Rural Electric Association (see 2206090024).
The California Public Utilities Commission may vote Aug. 4 on a proposed decision to authorize AT&T to discontinue residential landline service in Frontier Communications territory, CPUC Administrative Law Judge Anne Simon said Thursday. The proposal in docket R.21-05-007 would also allow AT&T to relinquish eligible telecom carrier designation and discontinue its California LifeLine service provider status because it will no longer have residential customers in the state. CPUC staff "approved of all measures taken by AT&T in relation to its Exit Plan, its Customer Notices, and the migration of its customers, and no one asserts that the AT&T’s customers were not successfully migrated,” said the draft. “Additional measures are not required here to meet the public interest.” The carrier delayed migration amid consumer advocate concerns last year (see 2108260049). Also, the CPUC released a proposal to extend until June 30, 2023, the statutory deadline in its emergency disaster relief proceeding (docket R.18-03-011).
A state court required the Texas Public Utility Commission to pay AMA TechTel Communications the full amount of state USF supports it was owed since Dec. 1. In a Thursday order in case 03-021-00597-CV, 3rd District Texas Court of Appeals in Austin judges decided 2-1 to lift a suspension of a lower court order requiring the payments. The appeals court had frozen the requirement with the appeal pending (see 2112150042). AMA filed a motion May 26 saying that, without the funding, it would go out of business before the appeal could be resolved. “AMA has demonstrated that irreparable harm has occurred and continues to occur,” said the appeals court: Reinstating the lower court’s temporary injunction will “preserve the parties’ rights until the disposition of this appeal.” Justices Thomas Baker and Gisela Triana supported the decision; Justice Melissa Goodwin dissented. The AMA case is one of two court challenges involving the PUC’s 2020 decision not to raise the surcharge on consumer bills to fully fund USF. The Texas PUC is "reviewing the court’s order," a spokesperson said.
A Florida department sent a state broadband plan to Gov. Ron DeSantis (R) and legislative leaders Thursday. The Department of Economic Opportunity (DEO) said its plan is meant to guide state decision-makers on “investments for the provision of high-speed, reliable broadband Internet service access to all Florida communities in support of telemedicine, education opportunities, workforce development, and community development.” DEO said the document’s “three steps to building a connected economy -- availability, adoption, and use -- support Florida’s resiliency only if Florida’s communities assume primary responsibility for contributing to this effort.” DEO identified deployment barriers including “a lack of detailed data,” U.S. restrictions preventing areas from getting support from multiple federal support programs, and Florida prohibiting state funding in federally funded areas.