Senate Commerce Committee members’ treatment of Democratic FCC nominee Gigi Sohn during her Wednesday confirmation hearing is likely to sharply divide along party lines, in sharp contrast to a potential overwhelming bipartisan panel vote to advance commission Chairwoman Jessica Rosenworcel’s reconfirmation to the full chamber (see 2111300064), lawmakers and lobbyists said in interviews. NTIA administrator nominee Alan Davidson may also get some senators’ attention during the hearing but is likely to avoid harsh questioning due to expectation that Sohn will be the main focus. The hearing will immediately follow the 10:15 a.m. Senate Commerce executive meeting in 253 Russell.
Expand the USF contribution base to include broadband internet access services, 254 organizations said Monday in a call-to-action letter to broadband policymakers (see 2109130053). Among signers were Public Knowledge, the National Digital Inclusion Alliance, the Schools, Health & Libraries Broadband Coalition, the Ad Hoc Telecom Users Committee, Incompas, NTCA, WTA, the Rural Wireless Association and dozens of broadband providers. This change would “reduce regulatory uncertainty … better reflect evolving uses of services … be straightforward to administer, and would be more equitable and nondiscriminatory for residential and business consumers than the current system,” the letter said, saying the FCC can do this “under its existing authority without requiring new legislation.” The agency didn’t comment.
Broadband and housing advocates want more FCC scrutiny over multi-tenant environments and the deals MTE building owners make with providers, said replies posted Monday in docket 17-142 (see 2110210053). Some said exclusivity agreements could hamper enrollment efforts in the upcoming $14.2 billion Affordable Connectivity Program (ACP). MTE trade groups rejected additional regulation.
The 6th U.S. Circuit Court of Appeals granted a motion to intervene in Consumers Research's challenge of the FCC's USF Q4 contribution factor, in an order posted Thursday in case 21-3886 (see 2111010070). Filing the petition were the Benton Institute for Broadband & Society, National Digital Inclusion Alliance, Center for Media Justice, Schools, Health & Libraries Broadband Coalition, USTelcom, NTCA and the Competitive Carriers Association. The groups are allowed to file intervener briefs and "any determination regarding oral argument, including time allotted, if any, to the intervenors are reserved to the ultimate merits panel," the order said.
A Further NPRM on an enhanced competition incentive program (ECIP) that would benefit small carriers and tribes is expected to be approved Thursday largely as circulated by Chairwoman Jessica Rosenworcel, agency officials told us. One likely change is language requiring staff to prepare a five-year report on the effectiveness of the program, proposed by Commissioner Geoffrey Starks, officials said. In 2019, Starks proposed a similar 10-year, data-focused, look-back report on the high cost USF program.
Senate Commerce Committee Democrats found ample support during a Wednesday confirmation hearing for plans to speed panel and floor consideration of FCC Chairwoman Jessica Rosenworcel’s renomination, in part citing Republicans’ expected somewhat supportive reception for the nominee (see 2111160001). Democratic FTC nominee Alvaro Bedoya got stronger criticism. At least two committee Republicans indicated they’re considering placing holds that would delay Bedoya’s progress on the floor (see 2111170059).
The Oregon Health Authority “accepts some criticisms” about a 2020 report that found insufficient evidence that cellphone exposure can cause cancer, said Center for Health Protection Administrator Andre Ourso at an Oregon Senate Education Committee virtual hearing Monday. Ourso generally defended the agency’s work after RF safety advocates urged state lawmakers to retract the report.
The Utah Public Service Commission is seeking comments by Dec. 15 on proposed state USF rule changes, said a Utah State Bulletin issue Monday. The draft rules may take effect Jan. 1, it said. Proposed changes include establishing an $18 per line monthly broadband subsidy for low-income customers and setting a standard $25 per line monthly rate to be imputed to rate-of-return regulated providers for wholesale consumer broadband-only loops, up from the current weighted average rate of $8.97, it said.
LOUISVILLE -- Just as states are pursuing a few approaches to shore up their own USFs, state regulators have a similar array of ideas about how the federal government can put its funds for broadband and other telecom services on sounder financial footing. In interviews on the sidelines of NARUC's gathering and in phone interviews for those who didn't travel here for the Sunday-Wednesday event, commissioners generally agreed the path the federal USF is on isn't sustainable because the percentage fee on some telecom services that consumers are levied on their monthly bills has gone up in recent years.
Texas urged a state court to again dismiss carrier claims that the Public Utility Commission didn’t adequately fund Texas USF (TUSF). Judge Karin Crump of Travis County District Court in Austin heard livestreamed, virtual oral argument Tuesday on a challenge by AMA TechTel. Crump dismissed a similar challenge by two state telecom associations June 7 (see 2106210048). The Texas Appeals Court for the 3rd Judicial District in Austin will hear the associations’ appeal of that decision Dec. 15, said Texas Assistant Attorney General Carl Myers. “This case is about AMA and AMA only,” and the court should decline relief because “it would take the pot of money ... from the case pending before the 3rd Court of Appeals” and due to lack of jurisdiction, he said. The legislature, not the court, should fix TUSF, he said. The other case’s plaintiffs are ILECs, but AMA is suing from its perspective as a CLEC, said its attorney Kevin Terrazas of Cleveland Terrazas. AMA isn’t asking the court to order the PUC to increase TUSF surcharges, but to follow a law requiring the commission to maintain an adequately funded TUSF. The PUC set the amount AMA should receive, but it isn’t paying that amount, he said: The law gives the PUC discretion on how to fund TUSF but not whether to fund it. Crump believes she made the right decision in the first case but wants to understand the distinctions between cases, the judge said. The hearing continued after our deadline.