The 6th U.S. Circuit Court of Appeals granted a motion to intervene in Consumers Research's challenge of the FCC's USF Q4 contribution factor, in an order posted Thursday in case 21-3886 (see 2111010070). Filing the petition were the Benton Institute for Broadband & Society, National Digital Inclusion Alliance, Center for Media Justice, Schools, Health & Libraries Broadband Coalition, USTelcom, NTCA and the Competitive Carriers Association. The groups are allowed to file intervener briefs and "any determination regarding oral argument, including time allotted, if any, to the intervenors are reserved to the ultimate merits panel," the order said.
A Further NPRM on an enhanced competition incentive program (ECIP) that would benefit small carriers and tribes is expected to be approved Thursday largely as circulated by Chairwoman Jessica Rosenworcel, agency officials told us. One likely change is language requiring staff to prepare a five-year report on the effectiveness of the program, proposed by Commissioner Geoffrey Starks, officials said. In 2019, Starks proposed a similar 10-year, data-focused, look-back report on the high cost USF program.
Senate Commerce Committee Democrats found ample support during a Wednesday confirmation hearing for plans to speed panel and floor consideration of FCC Chairwoman Jessica Rosenworcel’s renomination, in part citing Republicans’ expected somewhat supportive reception for the nominee (see 2111160001). Democratic FTC nominee Alvaro Bedoya got stronger criticism. At least two committee Republicans indicated they’re considering placing holds that would delay Bedoya’s progress on the floor (see 2111170059).
The Oregon Health Authority “accepts some criticisms” about a 2020 report that found insufficient evidence that cellphone exposure can cause cancer, said Center for Health Protection Administrator Andre Ourso at an Oregon Senate Education Committee virtual hearing Monday. Ourso generally defended the agency’s work after RF safety advocates urged state lawmakers to retract the report.
The Utah Public Service Commission is seeking comments by Dec. 15 on proposed state USF rule changes, said a Utah State Bulletin issue Monday. The draft rules may take effect Jan. 1, it said. Proposed changes include establishing an $18 per line monthly broadband subsidy for low-income customers and setting a standard $25 per line monthly rate to be imputed to rate-of-return regulated providers for wholesale consumer broadband-only loops, up from the current weighted average rate of $8.97, it said.
LOUISVILLE -- Just as states are pursuing a few approaches to shore up their own USFs, state regulators have a similar array of ideas about how the federal government can put its funds for broadband and other telecom services on sounder financial footing. In interviews on the sidelines of NARUC's gathering and in phone interviews for those who didn't travel here for the Sunday-Wednesday event, commissioners generally agreed the path the federal USF is on isn't sustainable because the percentage fee on some telecom services that consumers are levied on their monthly bills has gone up in recent years.
Texas urged a state court to again dismiss carrier claims that the Public Utility Commission didn’t adequately fund Texas USF (TUSF). Judge Karin Crump of Travis County District Court in Austin heard livestreamed, virtual oral argument Tuesday on a challenge by AMA TechTel. Crump dismissed a similar challenge by two state telecom associations June 7 (see 2106210048). The Texas Appeals Court for the 3rd Judicial District in Austin will hear the associations’ appeal of that decision Dec. 15, said Texas Assistant Attorney General Carl Myers. “This case is about AMA and AMA only,” and the court should decline relief because “it would take the pot of money ... from the case pending before the 3rd Court of Appeals” and due to lack of jurisdiction, he said. The legislature, not the court, should fix TUSF, he said. The other case’s plaintiffs are ILECs, but AMA is suing from its perspective as a CLEC, said its attorney Kevin Terrazas of Cleveland Terrazas. AMA isn’t asking the court to order the PUC to increase TUSF surcharges, but to follow a law requiring the commission to maintain an adequately funded TUSF. The PUC set the amount AMA should receive, but it isn’t paying that amount, he said: The law gives the PUC discretion on how to fund TUSF but not whether to fund it. Crump believes she made the right decision in the first case but wants to understand the distinctions between cases, the judge said. The hearing continued after our deadline.
As states prepare for a significant role spending broadband funds from the bipartisan infrastructure bill, telecom industry representatives cautioned NARUC Tuesday against applying traditional telephone rules. “States will have a bigger role than they’ve ever had before” since the infrastructure package includes $42.5 billion for broadband deployment that NTIA will distribute to states, said Verizon Director-Public Policy Paul Vasington on a livestreamed, partially virtual NARUC conference panel. State commissioners asked companies to do more to help them resolve customer complaints.
Expand the USF contribution base to include "broadband internet access revenues," Schools, Health & Libraries Broadband Coalition board Chair and former FCC Commissioner Rachelle Chong asked FCC Commissioner Nathan Simington and staff, said a filing posted Friday in docket 13-184. SHLB backed the use of E-rate funding for cybersecurity expenses and said it's "assembling a new group to promote anchor institution broadband connectivity." The group noted it filed a motion to intervene to back the FCC in Consumers' Research's USF challenge (see 2111010070).
The Regulatory Commission of Alaska will keep general regulatory powers over intrastate telecom providers from Alaska laws AS 42.05.141(a) and AS 42.05.151 despite a deregulatory 2019 law, said an RCA order posted Thursday in docket R-19-002. “The legislature has prescribed for us a very limited but important role in overseeing Alaska telecommunications. Our intent is to fulfill that limited prescribed role completely with care not to exceed it,” the RCA said. "After much thought and deliberation, we conclude, though not unanimously, that to effectively exercise the role given us we need the general powers and rulemaking authority contained in AS 42.05.141(a) and AS 42.05.151. We cannot conclude that the legislature intended to strip us of the tools we need to effectively fulfill the role it gave us.” Legislators meant with the 2019 law to revise the RCA's non-inmate telecom jurisdiction to remove rules on ratemaking and tariffing, give more flexibility to facilities-based carriers to make network and managerial decisions, and “proscribe efforts to distinguish between competitive and non-competitive areas ...and designate and assign duties to carriers of last resort,” the commission said. They intended to preserve RCA authority on access charge ratemaking, eligible telecom carrier designation, Alaska USF, interconnections and joint use oversight, telecom relay service and reviewing new services, transfers and discontinuances, it said. The RCA maintains general rulemaking authority and can still compel reports and data and investigate and respond to complaints, it said. Chairman Robert Pickett and Commissioners Janis Wilson, Antony Scott and Keith Kurber voted for the order Oct. 13. Commissioner Dan Sullivan didn’t vote.