NARUC Telecom Subcommittee staff killed 5 proposed policy resolutions that: (1) Expressed NARUC support for policies that would facilitate availability of advanced services to all customers over multiple broadband networks. (2) Supported legislation providing loans or grants to encourage rapid deployment of broadband services in rural and other underserved areas. (3) Urged FCC to obtain full and accurate cost-benefit information before making any change in services to be supported by federal universal service fund. Those 3 were tabled indefinitely because states couldn’t agree whether they were necessary or what message they were supposed to send. Also killed were 2 resolutions relating to jurisdiction over Internet-bound traffic, offering made suggestions to FCC for clearing up jurisdictional confusion over Internet-bound calls. States decided the resolutions were premature because they assumed the states would lose their intended appeal of FCC remand order’s finding that Internet access was interstate.
N.H. legislature passed bill to require state’s PUC to conduct study into whether N.H. needed state universal service fund (USF) and, if yes, to propose rules for implementation. Measure (HB-402) doesn’t create state fund but was passed to provide legislature with information to be used in considering any future bill to authorize state USF. Measure directs PUC to assume that all intrastate telecom providers, including wireless phone and paging companies, will contribute to fund, that fund must provide support for low-income customers and may support public interest payphones at needed but unprofitable locations. Bill directs PUC to estimate costs and suggest services to be included in state universal service entitlement. It doesn’t specify timetable for PUC to conduct USF study
U.S. Appeals Court, D.C., sided with FCC twice Fri. in 2 separate rulings, backing regulations on pricing for traffic that travels between ILECs and paging companies and upholding unrelated order on formula for Universal Service Fund (USF). In first case, D.C. Circuit unanimously rejected petitions by LECs, including Qwest,, that sought to overturn agency’s interpretation of regulations that bar LEC from assessing charges on another carrier for local traffic that originates on LEC’s network. That case turned on Qwest challenge involving one-way paging company TSR Wireless, which Qwest had charged for dedicated transmission facilities needed to pass paging calls on to its customers. Court also struck down challenge by National Exchange Carrier Assn. (NECA) to FCC order on USF formula. It said NECA had failed to demonstrate Common Carrier Bureau decision to retain 1998 formula for calculating those payments was arbitrary and capricious.
S.C. PSC ordered 50% reduction of intrastate access charges for all incumbent telcos, effective Oct. 1, to reflect establishment of state universal service fund that will make universal service subsidies explicit rather than implicit. Cut will reduce access charges to 3 cents per min. from 6 cents. Interexchange carriers must pass along their shares of the $38.4 million annual savings through lower rates. PSC (Doc. 97-239C) also ruled that wireless carriers were exempt from paying contributions into state USF because they didn’t compete against wireline telcos. Agency said state law authorizing USF defined participating telecom providers as incumbents and those that competed against incumbents. PSC said there was no evidence that any wireless carriers competed against any wireline telco in state, so they were exempt from USF assessments, but also couldn’t receive payments from fund. Payphone providers’ assessments will be based on their end-user revenues only, and not also payphone access line providers’ charges, PSC said.
FCC approved proposal Tues. to explore whether and how to reform way agency assesses carrier contributions to Universal Service Fund (USF) and how carriers can recover such costs from customers. Notice of proposed rulemaking unanimously approved by Commission solicits feedback on continuing to require carriers to contribute to USF based on percentage of collected revenue or whether agency should move toward flat-fee alternative, such as per-line charge. Companies that have recovered universal service contributions from customers haven’t historically been held by FCC to particular cost recovery method, with agency instead generally requiring contributors not to shift more than “equitable” amount of contributions to any customer or group of customers. FCC said changes under examination are response to industry trends, including new entrants such as RBOCs into long distance market because contributions now are based on historical, not current, interstate revenue.
Federal court decision last week on ILEC access charges has ramifications for other proceedings such as FCC’s attempts to overhaul access charge and universal service regimes for rural telcos, industry observers said Mon. Fifth U.S. Appeals Court, New Orleans, ruled May 3 that ILECs couldn’t recover their Universal Service Fund (USF) contributions through access charges levied on long distance companies. Court, which remanded FCC regulations for 2nd time on this issue, said such action constituted implicit subsidy, which is barred by Telecom Act. At issue are contributions that all carriers must make to USF. Long distance companies, for example, recover those contributions directly from their customers. FCC in 1997 ordered ILECs to recover their costs from long distance companies as part of access charges. Fifth Circuit remanded that rule in 1999 because of implicit subsidy problem. Commission rewrote rule and said ILECs no longer were required to recover costs from access charges but were permitted to do so if they wished. FCC said it interpreted court’s decision to mean it couldn’t require contributions through access charges but instead had to give ILECs choice of how they recovered contributions. In latest ruling, court said FCC interpretation was wrong. It said ILECs couldn’t recover universal service contributions from access charges, period: “The distinction the agency draws between ‘require’ and ‘permit’ is one without a difference.” Court said its original ruling “turned on the recovery method per se, not whether the Commission permitted or mandated it.” AT&T Vp Joel Lubin said he was cheered by strong language court used in defining access charge recovery as implicit subsidy. Lubin said court’s ruling could affect decision FCC is expected to make Thurs. on rural universal service. At very least, proposals under study by FCC, such as one proposed by Multi-Assn. Group, should be revised to eliminate implicit USF subsidies in access charges, he said. AT&T and several other carriers proposed such action to FCC last month, Lubin said, so court’s ruling was pleasant coincidence. Appeals Court ruling doesn’t have as much effect on large price-cap-regulated ILECs because FCC directed them last year to stop recovering USF contributions through access charges. Action was taken as part of Commission’s adoption of CALLS proposal. Lubin said court’s strong statements barring implicit subsidies in access charges applied to other industry practices as well. Among them, he said, is practice of pooling carrier common line (CCL) charges for rural carriers. Because National Exchange Carrier Assn. (NECA) pools those charges, by nature they are not cost-based, he said. Pooling access charges discourages competition, he said. Competitors such as Western Wireless can’t share in that subsidy because it’s “buried in the pool,” he said. Judge Emilio Garza wrote decision. Also on panel were Judges Eugene Davis and Donald Pogue. Pogue concurred because he disagreed with 1999 decision, saying it might have gone too far
Federal appeals court upheld district court decision striking down Wis. state e-rate program as violating constitutional separation of church and state. Three-judge panel of 7th U.S. Appeals Court, Chicago, said Wis. program for supplementing federal e-rate program was unlawful because it gave money directly to religious schools without any restrictions to ensure they didn’t use funds for religious support. Court in case brought by Freedom from Religion Foundation (Case 99-2850) said both programs taxed telecom service providers. But federal program, court said, compensated carriers from federal universal service fund for e- rate discounts to schools, so schools never actually received federal funds. Court also faulted state program for lacking any rules to ensure that state e-rate subsidies given to parochial and other religiously affiliated schools weren’t used to benefit campus religious facilities such as chapels or religious classrooms.
Interagency task force led by Justice Dept. April 15 will publish final revised standards on federal appraisal of public lands, action that telecom and energy interests said could increase cost of using rights-of-way (ROW). They said such action also would violate restrictions last year set in 2001 Interior and Related Agencies Appropriations bill. Edison Electric Institute (EEI) spokesman said task force, known as Interagency Land Acquisition Conference, was attempting to slip under Congressional radar by publishing revised govt. land appraisal desk guide, rather than formal regulations, enabling federal appraisers to assess inflated costs on companies seeking to deploy fiber and other utility infrastructure on public land.
FCC declined to specify what Internet security measures schools and libraries must use in order to continue to receive E- rate funding for Internet facilities through Universal Service Fund (USF). In decision released Thurs., Commission said local communities should select appropriate security measures, schools and libraries didn’t have to certify the effectiveness of measures and they wouldn’t be liable if measures failed.
AT&T said it was “encouraged” that FCC shortened lag time between carrier’s accrual of revenues and assessment of its Universal Service Fund (USF) contribution (CD March 15 p5). However, that won’t solve problem entirely, carrier said. AT&T said it looked forward to participating in FCC’s upcoming proceeding to consider ways to simplify entire USF cost recovery process and eliminate lag entirely.