NARUC Draft Resolutions Take Aim at BDAC Membership, USF Funding

The FCC should increase state and local membership on the BDAC and its working groups “to an amount that equitably balances with membership by industry representatives,” said the draft resolution sponsored by Kane. The 30-member BDAC has 21 representatives from industry, but just two from state agencies, two from city governments, one from tribes and four from academic and nonprofit organizations, the resolution noted. The lone NARUC representative is Massachusetts Department of Telecommunications and Cable Commissioner Karen Charles Peterson. The FCC recently added City Council Member Andy Huckaba of Lenexa, Kansas, after local officials raised concerns about only one representative on the full BDAC (see 1706010054).

The NARUC resolution also would urge the FCC to work with states on broadband deployment issues through the Federal-State Joint Conference on Advanced Telecommunications Conference. The conference was established by Section 706 of the Telecom Act to consider ways to spur deployment of advanced services including broadband.

“It’s unclear why the FCC chairman thought there was a need for a new federal advisory committee,” considering the 706 Joint Conference has a similar mission, Kane said. Bypassing the joint conference with a committee that has few state members “gives the impression that the FCC is uninterested in continuing to partner with the states,” she said. States are more likely to accept recommendations from a body with more state and local representatives, she said. NARUC should take a stand on BDAC membership because “there’s a statutory role for the states,” said Kane, predicting strong support for the resolution. “NARUC is always on the lookout for anything that looks like an attempt to bypass or pre-empt state authority.” The D.C. PSC chairman said she expects to add “a couple” co-sponsors ahead of NARUC’s meeting. Peterson, NARUC’s BDAC representative, is aware of the resolution, Kane said.

The other NARUC draft resolution on USF supports recent calls in Congress for the FCC to address insufficient funding for rural broadband, with 57 senators and 102 House members seeking changes (see 1704110052). “NARUC joins these Congressional leaders in urging the FCC to take those steps necessary to address the effects of this lack of sufficient USF resources on availability and affordability of voice and broadband services in rural America,” the NARUC draft resolution said. It’s sponsored by Commissioners Chris Nelson of South Dakota, Dan Lipschultz of Minnesota, Randy Christmann of North Dakota, and Tim Schram and Crystal Rhoades of Nebraska.

The FCC should provide more funding to “finish the job” started by the agency when it updated the Alternative Connect America Cost Model and the Connect America Fund’s Broadband Loop Support and High-Cost Loop Support, emailed Nelson. Those programs “are making positive strides in assisting rate of return companies in providing broadband infrastructure in parts of the country which don’t have that service today,” Nelson said. “Unfortunately, the good work on these mechanisms is falling short of its potential for broadband buildout due to the failure to fully fund those mechanisms.” The resolution doesn’t say where the FCC should get the money, “but certainly looking at some of the existing reserves in the Universal Service Fund would be a place to start,” Nelson said.

“We know that these rate of return programs work,” Nelson said. “Broadband infrastructure is being built. Residents of former ‘broadband deserts’ now have access to the economic opportunities available to the rest of the country through the internet. Let’s not short-change that progress but rather maximize the existing mechanisms to truly provide universal service throughout this country.” The FCC declined comment. The draft resolutions are available on the NARUC Summer Policy Summit website.