Monica Hogan

ISPs and state telecom authorities asked the FCC to delay the first-round auction for its $20 billion Rural Digital Opportunity Fund until it gets better broadband mapping data. In replies posted through Tuesday in docket 19-126, the California Public Utilities Commission, National Association of State Utility Consumer Advocates (NASUCA) and Navajo Telecommunications Regulatory Commission, among others, supported delay.

Trade groups representing Connect America Fund ISP auction participants urged in interviews and filings with the FCC to fine-tune a draft order on reconsideration that would update broadband performance measurements for the rural, high-cost USF program. Commissioners vote on the order, in docket 10-90, Friday (see 1910040053). Interested parties met with officials, sometimes repeatedly, in recent weeks.

Industry groups representing telcos, cable companies and telecom service bundlers endorsed an FCC draft declaratory ruling to ensure 911 regulatory fee parity between VoIP and functionally equivalent traditional phone services, in interviews last week. Commissioners will vote on the draft at Friday's meeting (see 1910040053). The ruling, on docket 19-44, is an attempt to answer a referral from the U.S. District Court for the Northern District of Alabama on litigation between AT&T's BellSouth and some 911 districts (see 1909110027).

FCC Commissioner Brendan Carr wants more healthcare providers to contribute to a docket on a proposed Connected Care pilot program before it moves from NPRM to order. Carr touted the pilot Thursday at a Schools, Health & Libraries Broadband Coalition conference.

State Federal-State Joint Board on Universal Service members asked the FCC to expand the contribution base for federal USF programs to include a fee on broadband internet access service, filing in docket 96-45 Tuesday. Commissioners Chris Nelson of South Dakota, Sally Talberg of Michigan and Stephen Bloom of Oregon recommend "a connections-based assessment on residential services and an expanded revenues-based assessment on business services." Having different contribution methodologies for residential and business services is "equitable and nondiscriminatory," they said. Under a new contribution mechanism, the FCC would assess fees on businesses that use virtual private network services, video conferencing, web conferencing, unified communications and business wireless broadband access services. For residential customers, a separate fee should be assessed for voice and broadband connections, they proposed. "A connections-based mechanism will provide stability for the Commission, administrative efficiency for carriers, and transparency for customers." About 50 percent of USF support would come from residential connections, and an initial surcharge for wireline, wireless and broadband would be 55 to 60 cents per connection, they suggested. The state commissioners recommend the FCC establish a firm budget for each of the four USF programs "with those budgets not growing any more than the Consumer Price Index for any given year." They want the FCC to "take specific steps to assure the continued viability of state universal service mechanisms promoted by Congress." It's "up to the FCC to determine what to do with the State Members’ recommendation," emailed South Dakota's Nelson (R), the joint board's state chair. "It became clear to the State Members that it was not going to be possible to get a recommendation from the full joint board, so we moved forward with this release of our work product." The other state Joint Board members didn't comment right away. The contribution factor for this quarter is a record 25 percent (see 1909130003). Commissioner Jessica Rosenworcel this summer asked the states to raise their concerns about needed action on revisions to the USF contribution mechanism and not wait for an FCC rulemaking (see 1907110020). Commissioner Mike O'Rielly, who chairs the Joint Board, opposes a fee on broadband access or use (see 1906250011). His office didn't comment now. "The filing is very interesting, and we are looking at it closely," said Schools, Health & Libraries Broadband Coalition Executive Director John Windhausen.

As public safety power shutoffs (PSPS) in California become longer and extend across wider territories, regulatory authorities and consumer advocates want telecom companies to harden their networks and better educate their customers about how to stay connected. Utility company Pacific Gas and Electric alerted the public Oct. 8 it would begin its PSPS rollout in the early hours of the following day due to heavy winds and the possibility of wildfires, and warned some outages could extend for five days or more. Southern California Edison followed suit.

A USTelecom executive and a former FCC adviser debated net neutrality and a recent decision from the U.S Court of Appeals for the D.C. Circuit Court on The Communicators scheduled to be televised this weekend on C-SPAN and available online Friday. Patrick Halley, USTelecom senior vice president-advocacy and regulatory, and Gigi Sohn, a former aide to then-Chairman Tom Wheeler, discussed Chevron, Brand X, state vs. federal jurisdiction over broadband, and other details. Halley noted that the court ruled the FCC was within its discretion to regulate broadband as an information service, and while the court said the FCC can't expressly pre-empt state laws on the matter, "it would be an over-reach to say states can write their own laws," especially as much of internet use is interstate, not intrastate. Sohn suggested the FCC has abdicated its authority to regulate the broadband market: "The court was really clear: If an agency lacks authority, it can't then tell a state it can't regulate." Sohn was not suggesting states would have an easy time, but nor will industry, in determining when states can regulate over issues of net neutrality: "It will be case by case. It won't be a slam dunk." With the recent court decision, states will test the boundaries, she said, "and to me that argues for a federal law." Halley "completely" agreed with the need for a federal law, and said the sides likely agree on the concept of net neutrality as well. "The best answer for all of this is a federal, modern national framework that provides the net neutrality protection" that most consumers and businesses want. When it comes to one of the issues that the court remanded to the FCC, on how it will regulate broadband in the USF Lifeline program, the court said only that the agency did not sufficiently address the matter in its arguments, Halley said, not that it lacks such authority. Last week, the court upheld most of a 2017 FCC net neutrality repeal but remanded several matters to the FCC for clarification (see 1910010018).

Pursue granularity and accuracy of broadband mapping data so consumers aren't trapped in broadband deserts when government funding is unavailable in areas deemed served, NTCA replied on FCC digital opportunity data collection (see 1909240005). Commenters differed on a latency-reporting obligation and most opposed collecting prices. DODC replies posted through Tuesday in docket 19-195.

If a coalition of ex-FCC and other officials prevails against the agency, consumer costs could fall after changes, those in the Irregulators informal group told reporters Thursday. In July, they asked the U.S. Court of Appeals for the D.C. Circuit to hear oral argument on an order that extended a freeze on rules allocating most telecom costs to intrastate rather than interstate services, case 19-1085 (see 1907220051). "If we win and the FCC is forced to revisit" telecom accounting rules, Mark Cooper, Consumer Federation of America director-research, predicted "a scrum at the local level" over fee revenue and investments in legacy networks. "It's impossible for the consumer not to be better off" after such a win because it would reinvigorate state commissions to examine the issue more closely, said Bruce Kushnick, New Networks executive director. Reallocation could disrupt the flow of money from legacy phone services that subsidizes competitive services like wireless and broadband, speakers said. The petitioners plan reply in Irregulators v. FCC next week, said Cooper.

FCC Commissioner Mike O'Rielly renewed calls to prohibit E-rate funds to schools and libraries that receive broadband service from one provider when another has already received USF dollars at the same location. "It's awful enough when the government subsidizes network builds in areas where the private sector can or does provide service, but it's a separate layer of hell when E-rate money goes to an area already being subsidized by the FCC," O'Rielly told an FCBA USF seminar. O'Rielly has corresponded with school superintendents and consortium leaders in Texas and Arizona about their plans to build self-provisioned wide-area networks that would overbuild a local incumbent's fiber facilities. "I have never been presented with credible evidence that E-Rate funded overbuilding has been anything other than wasteful for the USF," he said, citing "copious evidence of bidding matrices designed to favor a particular outcome and schools buying far more bandwidth than they use or need."