FCC Chairwoman Jessica Rosenworcel noted work the agency has done in recent months that addresses broadband for students following the loss of the emergency connectivity fund and affordable connectivity program in a Monday speech. Speaking to the Consortium of State School Boards Association, Rosenworcel mentioned a July FCC order that lets schools and libraries use E-rate support for off-premises Wi-Fi and an order from 2023 allowing use of E-rate to support school bus Wi-Fi, both of which have been challenged in court (see 2408300027). She also discussed a three-year, $200 million cybersecurity pilot program for schools and libraries that commissioners approved in June (see 2406060043). Republican commissioners dissented on all three items. “Every child needs internet access at home to really thrive,” Rosenworcel said: “This was not true when I was growing up. I didn’t need the internet for homework. All I needed was paper, a pencil, and my brother leaving me alone.” Rosenworcel warned that the 5th U.S. Circuit Court of Appeals' recent 9-7 en banc decision that found the USF contribution factor is a "misbegotten tax” that could undermine FCC education efforts (see 2408140055). The 5th Circuit decision “is misguided and wrong,” she said. “It reflects a lack of understanding of the statutory scheme that helped create the world’s best and most far-reaching communications network” and “that is why we are asking the Supreme Court to overturn” the decision.
With Congress back for a three-week sprint before Election Day, Competitive Carriers Association CEO Tim Donovan remains convinced lawmakers will fully fund a program that removes unsecure gear from U.S. networks. In an interview, Donovan also said he expects at least some groups will seek reconsideration of the FCC’s recent order creating a 5G Fund.
The National Association of Surety Bond Producers urged the FCC to allow performance bonds to be used as an alternative to letters of credit for USF high-cost program recipients (see 2408200021). The FCC in July sought comment on whether it should amend its letter of credit rules. In separate meetings with an aide to Chairwoman Jessica Rosenworcel and Wireline Bureau staff, the group noted that performance bonds "guarantee the funding recipient's performance of the construction and installation of the broadband network needed" to provide broadband services "even in bankruptcy" for the amount of the bond, per an ex parte filing Friday in docket 10-90. It's also "in the public interest" to let performance bonds be used as NTIA did for the broadband, equity, access and deployment program.
Maurine and Matthew Molak filed a petition Thursday seeking review of a July FCC order that lets schools and libraries use E-rate support for off-premises Wi-Fi hot spots and wireless internet services (see 2407180024), in the 5th U.S. Circuit Court of Appeals. The Molaks previously sought reconsideration of the July order, which three public interest groups and T-Mobile opposed last week (see 2408280029).
The Rural Wireless Association expressed disappointment after the FCC released an order Thursday launching a multi-round reverse auction that will pay up to $9 billion to bring voice and 5G mobile broadband service to rural areas of the U.S. otherwise unlikely to see 5G deployments (see 2408290022). The Competitive Carriers Association also expressed concerns.
The FCC is seeking nominations by Oct. 28 in docket 96-45 for eight board member positions on the Universal Service Administrative Co.'s board of directors. The Wireline Bureau, in a public notice Monday, sought nominations for a representative for interexchange carriers with annual operating revenue of more than $3 billion, rural health care providers eligible for USF support, state telecom regulators, incumbent local exchange carriers with more than $40 million in annual revenue, information service providers, interexchange carriers with annual operating revenue of $3 billion or less, and two representatives for schools eligible for USF support.
The 5th U.S. Circuit Court of Appeals granted the FCC's unopposed motion to stay its ruling in favor of Consumers' Research's USF contributions challenge pending the commission's petition for a writ of certiorari before the U.S. Supreme Court in an order Monday (docket 22-60008). The stay will expire Oct. 1, the order said. The FCC said in its motion that the Solicitor General "recently authorized the filing of a petition," adding that the decision "threatens to disrupt the operation of a multi-billion-dollar subsidy program."
Universal Service Administrative Co. board member Daniel Domenech will resign effective Dec. 31, USAC told the FCC in a letter Friday. Domenech, who serves as the executive director of the American Association of School Administrators and represents schools and libraries eligible for USF support on the board, gave no reason for his decision in a resignation letter. USAC requested that the Wireline Bureau begin a nomination and selection process to fill the seat "in conjunction with the board members whose terms will expire on Dec. 31."
CHARLESTON, S.C. -- Federal lawmakers from both parties back reforming the Universal Service Fund (USF), but whether that happens likely will depend on the November elections, speakers said Monday at NATOA’s annual local government conference. Localities will increasingly face broadband-only providers wanting right of way (ROW) access, and those cable competitors raise questions of whether they too should pay franchise fees, said localities lawyer Brian Grogan of Moss & Barnett.
Senate Commerce Committee ranking member Ted Cruz, R-Texas, latched on to a new Government Accountability Office report about the Universal Service Administrative Company’s handling of the Universal Service Fund to criticize the program’s spending and repeat his call for Congress to make USF subject to the federal appropriations process (see 2403060090). Democratic FCC Commissioner Anna Gomez, meanwhile, told us earlier this month that Congress must prioritize a legislative fix for the USF contribution mechanism after the 5th U.S. Circuit Court of Appeals' recent ruling that the current funding factor is unconstitutional (see 2407240043).