Three telecom policy stakeholder groups urged Senate Communications Subcommittee leaders Friday to include stronger accountability rules in USF revamp legislation but diverged on some other goals. The entities were responding to a late July feedback request from Communications Chairman Ben Ray Lujan, D-N.M., ranking member John Thune, R-S.D., and other USF working group members for feedback on the path forward on legislation (see 2305110066). FCC Chairwoman Jessica Rosenworcel, meanwhile, is pushing back against criticisms from House Commerce Committee Chair Cathy McMorris Rodgers, R-Wash., and Senate Commerce Committee ranking member Ted Cruz, R-Texas, of the agency's Learning Without Limits proposal to allow E-rate program money to pay for Wi-Fi on school buses and for hot spots (see 2307310063).
The Pennsylvania Public Utility Commission voted 5-0 Thursday to move forward on an advance notice of proposed rulemaking (ANOPR) on amending state USF rules. The PUC during a livestreamed meeting approved a bid by Chairman Gladys Brown Dutrieuille to seek comment on what she said are “broad questions about the challenges of supporting voice and internet networks and services” as part of the ANOPR. The PUC postponed considering the rulemaking proposal in early August (see 2308020057). Comments on the ANOPR in docket L-2023-3040646 are due 90 days after its publication in the Pennsylvania Bulletin, with replies due within 120 days.
The FCC wants comments on a notice of inquiry on potential methods to modify the USF's high cost program, said a notice in Wednesday's Federal Register. Comments are due Oct. 23, replies Nov. 21, in docket 10-90. Commissioners adopted the item in July (see 2307240064).
T-Mobile’s MetroPCS asked to dismiss a California Public Utilities Commission investigation into a dispute over USF surcharges due to completion of a related court case at the U.S. District Court for Northern California. MetroPCS won judgment against the CPUC earlier this month (see 2308040071). The federal court decided the resolutions the agency was trying to enforce against MetroPCS “are unlawful (because they are preempted by federal law) and enjoined the Commission from enforcing the Resolutions against MetroPCS,” T-Mobile said in Thursday’s motion.
The FCC unanimously approved an FY 2023 regulatory fee order last week that closely resembles the NPRM issued in May.
The Regulatory Commission of Alaska unanimously voted at a hybrid meeting Wednesday to make permanent an emergency extension of the state’s universal service program. The Alaska USF sunset date is now June 30, 2026. The emergency regulations otherwise would have ended Oct. 28.
DENVER -- The state with the biggest allocation from NTIA’s broadband, equity, access and deployment (BEAD) will probably need more money to connect everyone, a Texas broadband official said on a Wednesday panel at Mountain Connect here. Other states also said they don’t have enough money to connect everyone, though some said alternative technologies like fixed wireless could be used.
Free market-oriented groups filed an amicus brief in support of Consumers' Research's challenge of the FCC's method for funding the USF, the subject of an upcoming en banc rehearing of the group’s challenge of the USF and how it’s funded by the FCC (see 2306290074). “Only Congress has the power to lay and to collect taxes for the universal welfare of all Americans. Regardless of the public policy that it seeks to advance, Congress cannot delegate this power to the FCC or any other executive branch agency,” said an amicus brief by the Competitive Enterprise Institute, the Free State Foundation and former Commissioner Harold Furchtgott-Roth, among others. Consumers’ Research argued the statutory framework for the fund unconstitutionally delegates legislative or taxing authority, and the FCC’s use of the Universal Service Administrative Co. is an impermissible delegation of regulatory authority to a private company. A three-judge panel ruled against Consumers' Research in March (see 2303240049). Said the filing Friday in case 22-60008: “The Constitution does not permit Congress to circumvent the legislative process by allowing an independent agency (guided by a private company owned by an industry trade group) to raise and to spend however much money it wants every quarter for ‘universal service’ at the expense of every American who pays a monthly phone bill. Elected representatives of the people, not the [FCC], must be responsible for making the difficult decisions to raise the revenue that funds this program.”
Consumers' Research filed an objection against the FCC's proposed Q4 2023 USF contribution factor and asked the Office of Managing Director to set the factor at zero. The USF "has been established and operates in excess of statutory authority and the commission ... should not permit further collections," the group said in comments posted Friday in docket 96-45, citing the nondelegation doctrine.
T-Mobile’s MetroPCS won judgment Friday against the California Public Utilities Commission in a dispute about USF surcharges (case 3:17-cv-05959-JD). "The Court concludes that the CPUC’s 2017 and 2018 resolutions are preempted as applied to MetroPCS because they would impose surcharges on revenues from services that are not subject to surcharge, in violation of federal law,” Judge James Donato of the U.S. District Court for Northern California wrote.