The FCC Consumer and Governmental Affairs Bureau wants comments by June 5, replies by June 20, on the Communication Service for the Deaf's petition for declaratory ruling that direct video calling services are eligible for Telecom Relay Service Fund support, said a public notice Friday in docket 03-123.
NTIA is "eager" to get its funding through the broadband, equity, access and deployment program out the door and has been working closely with stakeholders to ensure the FCC's broadband map "includes the most high-quality data as possible," the agency said Thursday. NTIA still anticipates making its allocation announcements by June 30. The agency noted the current map shows 8 million of the 113 million broadband serviceable locations as unserved: "Due to the size of the data set, it would take an outsized increase or decrease in the number of unserved locations within an eligible entity relative to the national total to have a significant impact on the final BEAD allocations."
The 6th U.S. Circuit Court of Appeals denied Consumers' Research's challenge of the FCC's USF 2021 Q4 contribution factor, in an opinion published Thursday in case 21-3886. A three-judge panel heard oral argument in March and is the second court to deny a challenge from the group (see 2303240049). "Congress provided the FCC with a detailed statutory framework regarding universal service," wrote Judge Karen Nelson Moore, saying Section 254 of the Communications Act "does not violate the nondelegation doctrine." The opinion also cited the Universal Service Administrative Co.'s "subordination to the FCC and its assistance with fact gathering and ministerial support" wasn't a "private-nondelegation doctrine violation." Competitive Carriers Association, NTCA and USTelecom welcomed the ruling in a joint statement: "We believe that other courts considering similar challenges should come to the same conclusion.” Consumers' Research didn't comment.
Consumers' Research asked the FCC to set the Q3 USF contribution factor to zero, saying in comments posted Wednesday in docket 96-45 that the Office of Managing Director should "do the same for all future proposed universal service contribution factors due to the illegality of this entire scheme and process." The group has several pending legal challenges of prior quarterly USF contribution factors (see 2304060042).
The USF contribution factor will likely increase to 30.3% during Q3 2023 from 29.0% during Q2, emailed analyst Billy Jack Gregg Tuesday. Gregg noted the increase in overall USF demand will result from the "demand for three of the constituent funds of the USF" and decrease in the E-rate program.
Ericsson announced Tuesday it joined the Mission Critical Alliance, a strategic partner program for technology providers established by L3Harris Technologies in 2019.
The Benton Institute for Broadband & Society launched an online tool Tuesday showing the actual and expected number of households enrolled in the FCC's affordable connectivity program. The tool will "enable communities to better understand where ACP enrollment exceeds expectations and where it does not" to "help decision makers target outreach more precisely in areas with the greatest need," said Senior Fellow John Horrigan. The tool will make people aware of ACP and "help communities target efforts to increase enrollment," said Executive Director Adrianne Furniss. The tool allows users to view the actual level of enrollment, predicted level of enrollment, and how an area is performing at the five-digit ZIP code-level.
Lukas LaFuria’s David LaFuria, who represents smaller carriers, raised process concerns on the FCC’s Secure and Trusted Communications Networks Reimbursement Program (SCRP) in a call with FCC staff. The process is improving, but concerns remain, said a filing Tuesday in docket 21-232. “When a reimbursement request does not precisely match the original application, a carrier must amend its application,” LaFuria said: This “freezes the processing of the entire application, and it threatens the congressionally mandated timeline for completing the SCRP. The amendment process is also time-consuming for applicants, as it requires creating and updating a detailed and highly particular macro-enabled Excel spreadsheet each time.” He also urged the FCC to “develop a means for applicants to process a single invoice multiple times when the purchased goods are used in multiple projects.” The agency “could allow items purchased in bulk to be put into an ‘inventory’ category and removed in increments as needed on a site based on average unit cost,” he said.
Representatives of the Schools, Health & Libraries Broadband Coalition met with staff for FCC Chairwoman Jessica Rosenworcel on a petition SHLB filed with the Consortium for School Networking seeking an extension of Emergency Connectivity Fund service delivery dates. SHLB “reiterated that the Commission should extend the deadline to allow applicants that have received or will receive funding commitments to use all of the committed funding for two reasons: (1) it appears that there is enough funding remaining to cover all pending demand and (2) even if there was not enough funding, it is unlikely [the Universal Service Administrative Co.] could identify unused funding fast enough to turn around and distribute it to other applicants,” said a filing posted Monday in docket 21-93.
The FCC proposed fines of $8.8 million against 22 applicants in the Rural Digital Opportunity Fund Phase I auction for apparently violating agency requirements by defaulting on their bids last year between May 3 and Dec. 16. Two applicants also failed to submit audited financial paperwork, resulting in additional fines. “The FCC provided clear guidance in its rules and notices on the monetary forfeitures associated with defaults in Auction 904,” the FCC said Monday: “The bid defaults prevented 2,994 census block groups in 31 states and an estimated 293,128 locations from receiving new investments in broadband infrastructure.” Leading the list, California Internet, a CLEC, faces a fine of more $3 million and Connect Everyone, a wholly owned subsidiary of Starry, a fine of more than $3.8 million. Some proposed fines were less than $10,000. “Not following the rules has consequences,” said Chairwoman Jessica Rosenworcel: “For those who failed to meet their obligations, today’s action shows the Commission takes seriously its commitment to hold applicants accountable and ensure the integrity of our universal service funding.”