The FCC Wireline Bureau granted Hargray's transfer of control request to Cable One, said a public notice Friday. It's subject to conditions adopted in the Hargray/ComSouth order because some of Hargray's subsidiaries receive cost-based USF and alternative Connect America cost model I support (see 1805110048).
Don’t adopt state USF connections-based contribution, the Voice on the Net Coalition replied Friday in California Public Utilities Commission docket R.21-03-002. “Though imperfect, the revenue-based model is consistent with the current federal structure, complies with existing California law and, unlike the per-line model, will not cause disruptions to any group of ratepayers or changes to the accounting and billing systems of contributing service providers.” Big wireless carrier comments warned against the change, while some wireline companies and consumer advocates supported connections (see 2104060029).
A Pennsylvania bill meant to spur broadband by waiving Public Utility Commission ILEC rules “is not full deregulation,” stressed sponsor and Senate Communications Committee Chair Kristin Phillips-Hill (R) at a livestreamed meeting. The panel voted 7-3 for SB-341 and the same for SB-442 ordering an inventory of state-owned broadband assets. Also Tuesday and in California, a Senate panel supported a bill to increase PUC authority to check if state video franchisees are deploying enough broadband.
Lunex Telecom agreed to pay a $216,000 civil penalty as part of a consent decree for failing to file USF worksheets and customer proprietary network information certifications, an FCC Enforcement Bureau order said Friday. Lunex is also required to develop a compliance plan and file reports with the commission until the consent decree expires in 60 months.
In an interview scheduled to air Saturday on C-SPAN’s The Communicators, FCC Commissioner Brendan Carr wouldn't say whether he supports acting Chairwoman Jessica Rosenworcel being nominated as the permanent chair. "I'm not sure my endorsement of a Democrat chair would help or hurt them at this point, so I'll refrain from weighing in on that," Carr said, "but it's been great having her reach across party lines and compromise." Carr said President Joe Biden's infrastructure package ignores the "billions of dollars that we already have in the pipeline to further close the digital divide." The FCC should be allowed time to disburse existing funds before additional funds are approved, he said (see 2104080059). The challenge is coordinating those efforts because "money at this point is not the problem," and it comes down to administering existing programs, Carr said. The commission's current broadband maps are also "outdated," he said, and "we can't take $100 billion without knowing where there is still a problem." Efforts to create broadband price regulation could disincentivize private investment, Carr said: "There's nothing that's going to scare those dollars away more quickly than the threat of rate regulation." There could be a lot of common ground on net neutrality if rate regulation is taken off the table, he said: "I'm still hopeful we can have an objective conversation." California's net neutrality law is "pretty remarkable," he said, and "an example of the real harms that come from those extreme approaches." Another pressing challenge is addressing the "spiraling" USF contribution factor, Carr said (see 2103230032). "I think that's an issue that is going to demand the attention of Congress in pretty short order." He also said the FCC made the "right call" in freeing up prime spectrum, and he's "very worried that there could be some backsliding with respect to those initiatives." Carr said he's still "very much open and interested" in Communications Decency Act Section 230 reform, citing Twitter's decision to block former President Donald Trump (see 2103300074). "The reasons that they articulated for kicking the president off the platform didn't really seem to line up with the actual tweets that they were referencing."
Groups representing smaller carriers emphasized the importance of giving carriers with fewer than 2 million subscribers priority as the FCC establishes rules to pay for ripping and replacing network gear from Chinese vendors. Huawei protested any requirement that equipment be removed from networks and said the program should be voluntary. The FCC should be aware that a global shortage of chipsets (see 2104120057) could complicate replacement, USTelecom warned. Comments were posted Tuesday in docket 18-89.
Telecom and technology are finally converging, but the FCC has been slow to keep up with the change, Commissioner Brendan Carr said Tuesday at FCBA's first “all chapter” virtual event, with members watching from across the U.S.
Big wireless carriers sounded the alarm about California considering a connections-based USF contribution mechanism. Some wireline companies and consumer advocates supported the change, in Monday comments at the California Public Utilities Commission. They highlighted ways to mitigate possible regressive impacts of moving from a revenue-based mechanism for California’s public purpose programs (PPPs). Oklahoma and Nebraska commissions may soon adopt state USF contribution changes, said agency officials in those states.
Some members of Congress are taking a tentative renewed look at legislation to reallocate proceeds from the FCC's recent auction of spectrum from the 3.7-4.2 GHz C band to pay for broadband, before Capitol Hill's debate over infrastructure spending. President Joe Biden proposes $2.3 trillion for infrastructure, including $100 billion for broadband (see 2103310064). Republicans criticized the administration for pursuing corporate tax increases to help pay for it.
A federal court agreed with CTIA that a Kentucky 911 law conflicts with the 2018 federal Wireless Telecommunications Tax and Fee Collection Fairness Act. Responding to that federal statute, the 2020 state law made Lifeline providers directly liable for 911 fees and barred them from passing the charge to users. In an opinion (in Pacer) entered Tuesday, U.S. District Court in Frankfort, Kentucky, granted an injunction and restraint against the Kentucky 911 Service Board in case 3:2020-cv-00043. Judge Gregory Van Tatenhove agreed with industry that the Kentucky law is preempted by Section 1510 of the Fairness Act, which limits states from requiring someone out-of-state from collecting state or local fees. “Though the Board alleges that Kentucky’s intention” with the 2020 law “was to comply with Section 1510, the state has failed to do so,” wrote Van Tatenhove. The judge disagreed with CTIA that the law violated two sections of the Communications Act, and he didn’t address the association’s constitutional claims. Section 254(f) on USF doesn’t preempt the Kentucky charge because the fee “has no relation to the manner by which Kentucky operates its universal service fund,” he said. Section 332(c)(3) stopping states’ from regulating wireless provider rates and entry can’t “be read so broadly as to prevent any incidental effects on entry or rates that a [statute] might impose,” he said. The judge disagreed with the state board that CTIA lacks standing as an association representing affected carriers and that Communications Act Section 616a-1(f)(1) exempts state 911 charges from preemption. Such a “broad reading ... would allow states to impose extreme requirements, like the taking of large portions of the service providers’ subsidies, in the name of ‘collecting fees for 911 services,’” he wrote. CTIA is glad the court recognized that the Kentucky law "discriminated against Lifeline providers serving low income consumers," said General Counsel Tom Power. "We are committed to working with policymakers at all levels to ensure all Americans benefit from wireless connectivity and ensure that 9-1-1 systems are appropriately funded." The Kentucky board didn’t comment.