AT&T Wireless and other mobile operators balked at an AT&T petition for reconsideration on part of a universal service fund order that covered what portion of a wireless bill was considered interstate to recover USF contributions from customers. AT&T said the FCC “blatantly discriminated” against wireline IXCs by allowing CMRS-based interstate long distance providers to charge averaged universal service recovery fees. The FCC decision raised to 28.5% from 15% the safe harbor for wireless carriers that chose not to break out the amount of interstate calling they carried. The FCC said carriers could rely on the 28.5% safe harbor or break out the percentage of revenue based on interstate calling. “In contrast, wireline providers must charge recovery fees based on a specific customer’s interstate usage,” AT&T argued. “It is time for the Commission to end this ’tangled web’ of special relief for CMRS interstate long distance providers.” It urged the FCC to create a methodology for wireless carriers to conduct and update traffic studies used to set a carrier-specific factor for allocating revenue to interstate traffic. AT&T Wireless last week asked the Commission to dismiss AT&T’s petition as untimely. Even on its merits, AT&T Wireless said, the FCC should reject the challenge because the agency’s decision doesn’t discriminate against interstate long distance carriers. Instead, it said, the order “simply takes into account that wireless carriers do not have the ability to determine the proportion of interstate traffic carried on their networks on a customer- specific basis, either for reporting or recovery purposes.” AT&T Wireless said AT&T never had challenged the earlier USF order that set the original 15% safe harbor for wireless carriers, so its attempt to challenge the idea of a safe harbor by seeking reconsideration of this order should be thrown out. Nextel also opposed AT&T’s challenge. Rather than unfairly favoring wireless providers, it said, the order clarifies that those that “have developed the capability of sampling traffic flows are permitted to estimate in good faith the breakdown of their interstate and international telecommunications traffic as a proxy for interstate revenue.” Nextel said carriers that had developed that capability shouldn’t be penalized by being forced to use the nearly doubled safe harbor percentage of 28.5% or investing in new billing and accounting systems to capture traffic and revenue information. CTIA also opposed the AT&T petition, saying: “In setting the revised safe harbor… the Commission was careful to balance the goal of encouraging reporting of actual interstate revenues with the realization that some wireless carriers are unable to report the exact jurisdictional breakdown of traffic.”
Proposed changes in the universal service fund (USF) contribution process (CD April 22 p1) would “unfairly impact low-use, low income consumers,” the Telecom Research & Action Center (TRAC) told the FCC. It strongly criticized the proposed connection-based methodology, saying it was “just plain wrong, and the FCC should abandon any further consideration of this unfair methodology.” TRAC urged the Commission to “carefully measure the adverse impact” on residential consumers of the proposal to alter how it assessed contributions to the USF. TRAC said the proposed change to a connection-based methodology from the current revenue-based one would shift much of the responsibility for USF funding to residential users from business ones and would increase USF rates for many average-use and low-use residential customers. It said the connection-based methodology, which would shift the assessment from the carriers to end users, would violate the Telecom Act by excluding some parties from contributing to the USF. TRAC Pres. Samuel Simon said under the connection-based system, high-volume residential or volume consumers and low-volume residential consumers would be charged the same flat fee: “This is hardly equitable or nondiscriminatory, given that business consumers, who typically make many interstate calls, would be assessed the same as residential consumers.” TRAC said low-income and low-volume users of prepaid wireless services also would be disadvantaged by the connection-based methodology because they were ineligible to receive the FCC’s “Lifeline” exemption from USF contributions and would be charged a flat connection fee regardless of the number of calls they made. In a separate comment, the National Grange, a rural advocacy organization, said a modified revenue-based methodology was the “most reasonable alternative for funding the USF because it [would] result in the fewest disruptions in the longstanding relationships among various companies and their consumers.” The Grange agreed with TRAC that connection-based methodologies would negatively affect low- volume long distance callers, residential customers and customers on fixed incomes that were “disproportionately represented in rural communities.” It said since one of the major purposes of the USF was to provide or enhance telephone services in high-cost rural residential areas, there was no “logic in any methodology that would effectively increase USF contributions from consumers who already reside in high cost rural areas.”
While telecom carriers continued their battle over the 3 alternative universal service contribution methodologies proposed by the FCC in Dec. (CD Dec 16 p1), consumer advocates said each of the proposed mechanisms would unreasonably burden residential and small business consumers. NASUCA urged the Commission to retain the current revenue- based mechanism, which it said an FCC Wireline Bureau study (CD Feb 28 p7) had shown to be “sustainable for at least the next 4 years.”
All 3 alternative universal service contribution systems proposed by the FCC in Dec. (CD Dec 16 p1) would disadvantage consumers, the Institute for Public Representation (IPR) said in comments. It said the Commission should retain the present revenue-based system, which the FCC Wireline Bureau’s study (CD Feb 28 p7) showed to be “sustainable for the foreseeable future.” IPR said the study underestimated the total costs of the proposals “by failing to consider their respective administrative costs.” It said low-volume consumers who were “least able” to afford increases in their phone rates would pay “substantially” more under all 3 proposals: “This result cannot be reconciled with the Commission’s statutory mandate to ensure that consumers receive ‘quality service… at just, reasonable and affordable rates.'” The IPR said concerns over bundling and IP telephony were “not significant enough” to justify replacing the current assessment system, “especially since these problems can be addressed by directly assessing IP telephony and modifying the bundling safe harbor.” It said when and if the present system no longer were sustainable, the Commission would have authority to implement an all- revenue assessment system that “would greatly expand the pool of carriers obligated to contribute to the USF [universal service fund], and would ensure that carrier and consumer USF obligations remained equitably based upon their actual usage of telecommunications services.” In a separate comment, Beacon Telecom Advisors urged the Commission to consider the current revenue-based approach as the “most viable alternative in maintaining and supporting the universal service support funding mechanism in the future.” It criticized a connection-based approach, saying that “while connections may not be relevant to certain interstate services, revenues are relevant to all interstate services and will” better meet the requirements of Sec. 254 that all providers of interstate telecom services contribute on a nondiscriminatory basis.
If there’s to be a universal service fund (USF) summit, then industry groups should be included, several rural telephone associations said in a letter to Senate Communications Subcommittee Chmn. Burns (R-Mont.) In an April 2 hearing on USF, Burns suggested a summit involving the FCC, Congress and the Federal-State Joint Board on Universal Service (CD April 3 p1). In the letter, dated April 15, the groups said industry also should be part of any meeting. The letter was signed by the Independent Telephone & Telecom Alliance, National Rural Telecom Assn., NTCA, OPASTCO and Western Alliance. “We believe it would be important to have industry representation at such a summit, which would speed the effort of identifying the best possible solution for ensuring the future of the program,” the letter said. In the hearing, Burns had expressed concerns about the length of time needed for the FCC to review USF. He suggested a summit as a method in which vested parties could discuss the issue and determine where potential legislation might be needed.
Comments to the FCC on the “definition” of universal service, one of the several universal service proceedings now under way, turned into a debate on whether wireless rural competitors should be required to offer equal access in order to get universal service support. “The debate is not really about equal access,” Western Wireless said in its comments: “The real debate here is about whether universal service support can coexist with intermodal competition.” Equal access was a 1980s requirement that local telephone companies had to provide connections to any long distance companies -- in other words, giving customers the ability to preselect long distance companies to handle their calls automatically.
Correction: It was Robert Orent, pres. of Hiawatha Communications in Mich., who told a Senate universal service fund hearing that state PUCs were viewing eligible telecom carrier (ETC) status as welfare, weren’t taking into account the public needs of USF and didn’t fully understand the USF system (CD April 2 p1).
Legislation introduced Thurs. by Rep. Terry (R-Neb.) would distribute more universal service support to states west of the Mississippi River by changing the distribution formula for a portion of the universal service fund (USF). The bill, which is co-sponsored by Rep. Stupak (D-Mich.), would change the distribution formula for the so-called “nonrural” USF so that more states would get funding from it.
The American Assn. of Paging Carriers (AAPC) said the FCC shouldn’t adopt proposals on alternative universal service contribution methodologies (CD Feb 28 p7). It said neither of the proposals had been “shown to be an improvement over the existing system for the paging industry.” AAPC said an FCC study, which attempted to project the financial impact of the 3 contribution methodologies over the next several years, demonstrated “the hazards involved in changing the current system in the absence of a clear understanding of what the impact will be on different industry segments.” For example, AAPC said, the paging contribution under the first connection-based and 3rd number-based proposals was projected to decline compared with the current system. However, it said, “it is not possible to determine whether the projections represent real declines in the contribution levels, or whether they are artificial ones that are the product of flawed assumptions underlying the projections of current levels.” In a separate comment, the Mo. PSC suggested the FCC revise its current philosophy “to mandate that all contributors treat the recovery of the USF [universal service fund] assessment in a consistent manner, whether it is through implicit innovative pricing options or through an explicit surcharge on end-users.” The PSC expressed concern that the current mechanism was confusing for consumers. Since contributors are allowed to choose whether to recover the assessment through a line-item assessment, include the recovery in rates and bundles or use a blended recovery approach, “it becomes difficult for the consumer to effectively compare pricing among competitors,” it said.
Expressing frustration at the FCC’s pace of developing solutions to problems facing the universal service program, Senate Commerce Communications Subcommittee Chmn. Burns (R- Mont.) said he would like to see a summit involving members of Congress, the FCC and the Federal-State Board on Universal Service. “This horse [the FCC] isn’t going to run any faster unless we put the spurs on,” Burns told reporters after a hearing Wed. on universal service. He said such a summit would help members determine whether legislation was needed in any areas and, if so, whether Congress could begin work on a bill this year.