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Missouri PSC Staff Says State USF May Support Broadband; Big Carriers Say No

“It would be statutorily permissible” for the Missouri USF to support broadband-only services, even though state laws are “unclear,” Public Service Commission staff commented Monday in docket TX-2018-0120. AT&T, Verizon, CenturyLink and the Missouri Cable Telecommunications Association said the PSC…

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lacks this authority. Expanding state Lifeline to support broadband and creating a new high-cost program within Missouri USF "exceeds the Commission’s authority under current law and raises significant policy matters,” said AT&T. USF support is limited to local voice services; adding broadband support would create a “mismatch” between contributing and supported services because “assessments fall solely on the state’s diminishing customer base of wireline voice services,” said the state’s biggest ILEC. The FCC bars states from requiring fixed and mobile broadband internet access services (BIAS) to contribute to USF, it said. CenturyLink said there are many statutory constraints to PSC authority over broadband, showing “the need for a legislative mandate that establishes both clear broadband policy priorities and a clear demarcation between detailed legislative prescriptions and matters delegated to the Commission.” Supporting broadband may not be necessary with the federal Connect America Fund, it said. “With an active multi-year effort underway by the FCC and broadband providers to implement the CAF programs, Missouri needs to be extremely careful in developing a State-sanctioned program for increasing broadband availability.” Twenty-five small phone companies supported expanding state USF to include BIAS. “This would be consistent with" FCC action "expanding the federal Lifeline program and recognize that essential telecommunications services no longer are limited to voice service but should also include access to Broadband services,” the small carriers commented.