Fifteen small rural telcos would lose almost $9 million in annual USF subsidies under preliminary FCC findings to phase out support where carriers completely overlap with unsubsidized broadband competitors. A Wireline Bureau public notice posted Wednesday in docket 10-90 sought comments by Aug. 28 and replies by Sept. 28 on the initial determinations.
Federal Universal Service Fund
The FCC's Universal Service Fund (USF) was created by the Telecommunications Act of 1996 to fund programs designed to provide universal telecommunications access to all U.S. citizens. All telecommunications providers are required to contribute a percentage of their end-user revenues to the Fund, which the FCC allocates for four core programs: 1. Connect America Fund, which subsidizes telecom providers for the increased costs of offering services to customers in rural and remote areas 2. Lifeline, which directly subsidizes low-income households to help pay for the cost of phone and internet service 3. Rural Health Care, which subsidizes health care providers to offer broadband telehealth services that can connect rural patients and providers with specialists located farther away 4. E-Rate, which subsidizes rural and low-income schools and libraries for internet and telecommunications costs The Universal Service Administrative Company (USAC) administers the USF on behalf of the FCC, but requires Congressional approval for its actions. Many states also operate their own universal service funds, which operate independently from the federal program.
FCC Enforcement Bureau letters notifying Icon Telecom and Oscar Enrique Perez-Zumaeta of their suspension from participating in the Lifeline USF program are to be published Thursday in the Federal Register, said two FR notices including the letters (here and here) posted Wednesday. The letters, which also give notice of the commencement of debarment proceedings against Icon and Perez-Zumaeta, were dated May 26 and June 8, respectively, and released at the time by the FCC (see 1505260027 and 1506080067), but the parties have 30 days to contest the suspensions upon receipt of the letter or publication of the suspension in the Federal Register, whichever comes first. Icon, a Lifeline participant, pleaded guilty "to knowingly making a false statement to the Universal Service Administrative Company through its submission of 58 fabricated customer recertification forms," the bureau said in its letter notifying Icon. In April, Wes Yui Chew, president and owner of Icon, was ordered to serve four years in federal prison and pay a fine of $117,166 after pleading guilty to money laundering for transferring $20.5 million from an Icon bank account to his own, "despite knowing that Icon had thousands fewer customers than it reported to the Commission," said the bureau in a separate letter notifying Chew of his own suspension (which was not part of Wednesday's FR notices). Chew also agreed to forfeit $27 million seized during a Department of Justice investigation. Perez-Zumaeta owned and managed PSPS Sales, which recruited low-income people to apply for Lifeline-supported phone services through Icon. He pleaded guilty to money laundering for depositing a $52,390 check from Icon into a PSPS bank account "despite knowing that more than $10,000.00 of those funds was the result of criminal fraud against the Commission," the bureau said in its letter to Perez-Zumaeta.
State policymakers must continue to address how to ensure communications services are available and affordable for consumers so industry can adapt and bring everything into the now broadband-focused playing field, USF experts said in interviews Friday. A white paper, released Friday, by Sherry Lichtenberg, National Regulatory Research Institute principal researcher, said state USF support includes high-cost support, funds for broadband access for schools and libraries, funding for Lifeline and dedicated broadband funding. A key finding in the review is the limitation on high-cost support for areas where competition has driven down the cost of service, reducing the need for support, Lichtenberg said.
Sen. Amy Klobuchar, D-Minn., urged the White House to support reauthorization of the Broadband Technology Opportunities Program, in comments posted Friday on the Broadband Opportunity Council’s (BBOC) request for comment on broadband availability and deployment issues. A group of House Democrats led by House Communications Subcommittee ranking member Anna Eshoo, D-Calif., and Rep. Jared Huffman, D-Calif., urged the U.S. Department of Agriculture in a separate filing to “modernize” regulations for the Rural Utility Service’s Telecom Infrastructure Loan and Loan Guarantee program to “better facilitate high-speed rural broadband deployment.” BBOC, which the White House created March 23 to spur broadband investment and adoption (see 1503230064), sought comment on ways the federal government can modernize “outdated regulations,” identify regulatory barriers to broadband deployment and promote broadband adoption.
FCC Chairman Tom Wheeler’s proposal for changing the $1.7 billion USF Lifeline program to cover Internet access could face some resistance from FCC Republicans, industry officials told us Monday. An order and further rulemaking on Lifeline are teed up for a vote at the FCC’s June 18 meeting (see 1505280037). Wheeler proposed an examination of a cap on the program as part of the proposal circulated last week to commissioners. The Senate Communications Subcommittee plans a hearing on Lifeline Tuesday (see 1506010050) The Lifeline item is lengthy and various commissioner offices were still taking a closer look as of Monday, FCC officials said.
Lawmakers in both chambers are preparing a letter to the FCC to address one of NTCA’s USF priorities on stand-alone broadband, reviving a bicameral, bipartisan letter sent to the FCC last Congress. NTCA also received promises from two lawmakers Tuesday that they will take the group’s priorities to heart, with legislation if need be. Prominent topics included overhaul of the USF, call completion problems and net neutrality, a controversial and partisan item in Congress.
Sprint and T-Mobile spent less on lobbying so far this year, Q1 lobbying reports showed. Monday was the deadline for quarterly lobbying reports, but many trade associations and companies hadn't filed theirs by our deadline. Observers have said net neutrality and proposed acquisitions are big drivers of spending in the telecom space, and those issues turned up repeatedly in the Q1 forms posted this week.
Beyond the usual difficulty in getting the Supreme Court to take a case, petitions (see 1504080050) seeking review of the 2011 USF/intercarrier compensation order (see 1405270045) face some obstacles, former FCC Chairman Reed Hundt and other telecom attorneys told us. U.S. Cellular’s argument that the net neutrality order adds to the urgency to deal with the agency’s Telecommunications Act 706 authority through the Universal Service Fund/ICC case is unlikely to move justices, they said.
Industry groups are upset over an FCC policy statement creating what they call “draconian” treble damages for amounts owed to USF and other funds. CTIA, Comptel, NCTA and USTelecom filed petitions for reconsideration and a stay, saying the statement violates notice requirements and the “inflexible” triple damages violates the Communications Act. ITTA filed comments supporting the joint petitions.
FCC Commissioner Ajit Pai intends to ask Congress to strip the agency of money to execute its net neutrality order, he said in written testimony for a House Appropriations subcommittee scheduled for Tuesday. “Congress should forbid the Commission from using any appropriated funds to implement or enforce the plan the FCC just adopted to regulate the Internet,” Pai plans to testify. “Not only is this plan bad policy; absent outside intervention, the Commission will expend substantial resources implementing and enforcing regulations that are wasteful, unnecessary, and affirmatively detrimental to the American public.” Pai, one of two GOP commissioners, is “unable to support” the FCC’s FY 2016 budget request, he will say.