Federal Universal Service Fund

MOUNTAIN VIEW, Calif. -- The FCC aims to adopt a universal service overhaul by August, Chairman Julius Genachowski said. “Over the next few months, we'll be able to significantly reform this program,” he said Thursday night at the Commonwealth Club civic forum. Genachowski mentioned the Universal Service Fund (USF) more than intercarrier compensation. But the matters are intertwined in a February rulemaking notice and a blog post last month by the commissioners that he discussed.

The FCC should allow an “appropriate transition” before implementing Universal Service Fund and intercarrier compensation regime reforms, Frontier Chief Legal Officer and former commissioner Kathleen Abernathy told staff in meetings earlier this week. “This transition would ensure stability during the reform and ensure that Frontier can continue investing hundreds of millions of dollars to achieve the Commission’s goal of deploying broadband to rural America,” Abernathy told Commissioner Mignon Clyburn’s adviser Angela Kronenberg, according to an ex parte notice filed on dockets 09-51, 07-135 and others.

States have concerns about a revamp of the Universal Service Fund, Indiana Utility Regulatory Commission member Larry Landis said Tuesday. The Republican supported the FCC’s undertaking a USF overhaul that could reallocate some money to broadband service. Some states are worried about how companies that rely on the high-cost part of the fund will be affected by a revamp, Landis said at an American Cable Association conference. Some providers get a large chunk of their revenue from that part of USF, he noted. “The one concern that would be shared by many of my colleagues” is that whenever intercarrier compensation and USF overhauls are done, “you are bound to have some unexpected challenges that come up,” Landis said.

The FCC has many tools at its disposal to tackle spectrum constraints, whether it’s improving spectrum efficiency or freeing up more spectrum, Wireless Bureau Chief Ruth Milkman said at the Wireless Communications Association conference. The commission is looking at spectrum sharing and harmonization opportunities, and is willing to work with industry to come up with a solution to better inform consumers on throughput, she said Wednesday. It takes time to bring spectrum to auction, so “we have to start now” to avoid a spectrum crunch that will result in poor quality of service for consumers, Milkman said.

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A dismal budget climate shouldn’t preclude support for broadband in tribal lands, Sen. Daniel Inouye, D-Hawaii, said at a Senate Commerce Committee hearing Tuesday. Inouye, the Appropriations Committee’s chairman, signaled that he would support increased FCC funding for that purpose. Advocates for Native American communities sought additional broadband funding, including through the Universal Service Fund and a new Native Nations Broadband Fund.

AT&T and USTelecom are trying to revive dormant efforts to create an industry-wide proposal on Universal Service Fund and intercarrier compensation regime reforms ahead of the FCC’s rigid schedule, multiple industry officials told us. Similar efforts have foundered in the past -- including a concerted attempt in 2006-07 -- but this time, “I think there is a possibility for a very broad industry coalition on this,” said USTelecom Vice President Jon Banks. “The FCC knows we're trying to do this,” he added. “Everybody -- ILECs, CLECs, cable wireless, rurals -- is trying to put together a path for the FCC to follow.”

AT&T will have a “steep climb” if it wants to take over T-Mobile, FCC Commissioner Michael Copps said. “You will remember in the Comcast merger that I said at the outset that it would have been a very steep climb for me. I ended up voting against it,” he said in a videotaped interview for C-SPAN’s The Communicators. “This is maybe even a steeper climb from the standpoint of a lot of power, a lot of influence given to one company in a world where two companies are going to control, like, 80 percent of the spectrum.” Copps worries about “what residue of competition will be left if the merger is approved,” what impact it will have on U.S. jobs and whether the bulk of the proceeds will flow into Europe’s telecom market, he said. T-Mobile’s parent is based in Germany.

A recent audit that criticized the FCC for not following federal guidelines on tracking public spending (CD March 28 p11) “may come up” when Chairman Julius Genachowski testifies before a House appropriations subcommittee, said a spokesman for Rep. Jo Ann Emerson, R-Mo. The chairman of the subcommittee on Financial Services and General Government “is aware of the situation,” her spokesman said. Managers at both the FCC and the Universal Service Administrative Co. were recently ordered to “update and reinforce” rules for entering expenses into the federal accounting system, after outside auditors labeled the commission’s accounting system “a significant deficiency."

Two similar Texas bills would define VoIP and prohibit state regulation for IP-enabled services and VoIP. SB-980 also seeks to exempt telecom companies from reporting requirements. It and SB-985 are sponsored by Republican Sen. John Carona.