The Utah Public Service Commission should repay AT&T for the carrier's error of assessing a higher Utah Universal Service Fund (UUSF) surcharge than the PSC required for two years, AT&T officials said during testimony Friday. AT&T seeks recovery of overpayment to the Utah USF from July 2021 to June 2023 totaling $2.26 million, AT&T tax directors Jannet Tolley and Randy Phoenix testified in docket 24-087-02. The mistake occurred because AT&T failed to fully implement a July 2021 drop in the UUSF surcharge to 36 cents from 54 cents previously. AT&T properly entered the change in its systems for only AT&T affiliates but not the company itself, which uses a different billing system, Tolley testified. "The excess collection and remittances were the result of an inadvertent administrative error. The Company did not benefit from the error as the excess collections for July 2021 through June 2023 were not retained but were remitted to the UUSF each month.” Customers weren’t harmed because AT&T quickly provided credits after learning about the error in July 2023, Tolley said. AT&T has enhanced its billing system with automation features to prevent the problem from recurring, she said. AT&T overpayment to UUSF might mean a 38% increase to the surcharge will be needed, the PSC said in April (see 2404160023).
FCC commissioners approved 5-0 an NPRM Thursday that proposes barring test labs from entities on the agency’s “covered list” of unsecure companies from participating in the equipment authorization process. In addition, the FCC clamped down on political robocall violations. Chairwoman Jessica Rosenworcel, working with Commissioner Brendan Carr, proposed the lab rules (see 2405020071).
Consumers' Research defended its position Tuesday to the U.S. Supreme Court that Congress and the FCC violated the nondelegation doctrine through the Universal Service Fund contributions mechanism (see 2405070042).
Incompas supports the FCC’s proposed 5G Fund but agrees with others who argue the agency should wait on making awards until after funding is released for the broadband access, equity and deployment program, a filing posted Friday in docket 20-32 said. FCC Chairwoman Jessica Rosenworcel circulated an order on the fund in March (see 2403200071). Allowing NTIA to complete the BEAD allocation “will give the Commission a better understanding of where gaps in wireless 5G service exist and will help ensure that funding efforts are not duplicated and that USF funding will reach the areas where there is still a funding need,” Incompas said.
Liberty Communications of Puerto Rico told the FCC it's still working with the Universal Service Administrative Co. to "complete the steps necessary to engage in pre-testing performance measures" for USF Bringing Puerto Rico Together Fund Stage 2 recipients (see 2304190063). In a letter Friday (docket 18-143), Liberty said it "continues to have technical difficulties with accessing and uploading data" to USAC's performance measures module and can't begin pretesting for Q2 2024.
The FCC will take a series of steps aimed at addressing cybersecurity challenges during the commissioners' June 6 open meeting (see 2405150042). A draft NPRM released Thursday would seek comment on a proposal to impose specific reporting requirements on nine service providers as part of the agency's effort to increase border gateway protocol and resource public key infrastructure security, which assist routing traffic across the internet.
The FCC will address "additional measures to combat emerging security challenges of the digital age" during the commissioners' open meeting June 6, said Chairwoman Jessica Rosenworcel in a note Wednesday. Commissioners will consider a proposal requiring that ISPs comply with new rules concerning border gateway protocol (BGP) security and a pilot program supporting cybersecurity services for E-rate participants. Also on the agenda is a proposal that would change existing bank rating standards for high-cost programs and updates to the commission's low-power television rules.
Alaska Telecom Association representatives emphasized to the FCC the importance of the Alaska Connect Fund to improving mobile wireless service in the state and other issues. The representatives met with an aide to Commissioner Nathan Simington. “We urged the Commission to quickly move forward with the Alaska Connect Fund to provide needed certainty to carriers and the consumers they serve in the state,” said a filing posted Tuesday in docket 10-90. USF support is “essential to make service available and affordable in Alaska and the Alaska Connect Fund can build on past successes,” the group said.
The Utah Public Service Commission refused to reconsider its decision not to relieve Lumen’s CenturyLink of carrier of last resort (COLR) obligations. In March, the Utah PSC denied CenturyLink’s original petition in docket 23-049-01 (see 2403180034). On April 11, CenturyLink sought rehearing. But the agency’s three commissioners decided Monday they were right the first time. "CenturyLink has not effectively marshaled the evidence in its Petition and thus has not carried its burden of persuasion,” the commission said. “The errors of fact and law it claims support the exemption largely ignore the persuasive opposing evidence and misconstrue our reasoning.” The Utah PSC added, “While a day may come when CenturyLink is relieved of its COLR obligations, based on the present record, CenturyLink has not carried its burden herein to eliminate this fundamental obligation of the incumbent carrier.” The company didn't "meaningfully contradict or even attempt to explain" the error of the PSC's finding that the carrier provided incomplete evidence showing effective competition, the commission said: CenturyLink didn't show there are functionally equivalent, substitutable and reasonably available alternatives at comparable prices and quality. And the commission disagreed that wholesale broadband can be considered functionally equivalent because it receives funding from Utah USF (UUSF). "The plain language of" Utah Code Section 54-8b-3 "provides no basis for concluding that the wholesale broadband services addressed in the UUSF statute constitute a telecommunications service that is functionally equivalent to, or substitutable for, CenturyLink’s stand-alone voice service." In addition, the record “shows that satellite and broadband services typically only provide voice service as an add-on at an additional cost,” the PSC said. The company’s promise that it will continue serving existing customers doesn’t save the petition for COLR relief, the commission added: "Utah’s population is rapidly growing,” and granting relief “could eliminate the option for customers to have a basic residential voice line if they relocated.” The company can seek Utah Supreme Court review within 30 days. Lumen declined to comment Tuesday.
The Nebraska Universal Service Fund has had “steady and predictable” remittances since adopting a connections-based contribution mechanism, NUSF Director Cullen Robbins said at a Nebraska Public Service Commission hearing Tuesday, so changes aren't needed. The PSC partly moved away from a revenue-based NUSF contribution in 2018 and expanded the policy in 2021(see 2105110045). The NUSF has a $134 million balance, Robbins said. He noted that the commission is considering a change that would use high-cost support more for operating expenses like maintaining networks as opposed to capital expenses for deployments. One possible benefit is that the fund balance wouldn’t build up as much because support could be paid out monthly, the NUSF director said. At another meeting earlier in the day, Nebraska PSC commissioners voted 5-0 to approve an order issuing the 2024 schedule and application materials for the Nebraska Broadband Bridge Program. ISPs may apply for NBBP grants from June 17 through July 8. Under the program, $20 million is available annually for deploying networks capable of at least 100 Mbps symmetrical speeds in unserved and underserved areas. “NBBP has proven to be an effective way to get broadband to unserved and underserved areas of the state, and we are eager to begin the fourth cycle of this program,” Commission Chair Dan Watermeier said in a news release.