USTelecom asked Congress to "stay closely engaged" with the Biden administration and states to ensure broadband funding from the Infrastructure Investment and Jobs Act results in "maximum program effectiveness," in a letter Tuesday. The group is seeking legislation to "help ensure timely infrastructure permitting" and "appropriate oversight" of grant recipients. It also asked that the FCC's affordable connectivity program be made permanent: "While most customers enjoy faster speeds and lower broadband prices, those struggling financially need additional assistance." Congress should work with the FCC to expand the contribution base for the USF, USTelecom added, noting edge providers and platforms are "the greatest beneficiaries of high-speed networks." The group also sought action on public-private cybersecurity partnerships, privacy protections and eliminating the tax on federal broadband grants.
The feud over whether content providers should pay for use of telco networks ratcheted up after Deutsche Telekom (DT) sued Meta for compensation and European internet exchange points urged the European Commission not to regulate fees. The two sides published dueling reports last year, and the EC promised to launch a consultation on the matter (see 2210130001).
Supporters of FCC nominee Gigi Sohn have gotten indications the Biden administration wants to renominate her in January, but there’s been no definitive word this will happen amid uncertain internal Senate dynamics. That lack of clarity in part stems from Senate leaders not yet being able to guarantee Sohn would get as swift a confirmation process as the White House and others want, lawmakers and lobbyists said in interviews. The Senate failed to hold any floor votes on Sohn before the chamber left town just before Christmas, and it won’t return until just before the 118th Congress gavels in Tuesday. Sohn’s 2022 confirmation process stalled in March after the Commerce Committee tied 14-14 on advancing her to the floor (see 2203030070). Biden first nominated her in October 2021 (see 2110260076).
Rural Wireless Association representatives warned of problems if removing insecure equipment from carrier networks isn’t fully funded by Congress (see 2212150076). “Due to uncertainty about the timing and availability of Reimbursement Program funding, Reimbursement Program participants are finding it difficult even to borrow the funds needed to remove, replace, and destroy their covered equipment,” said a filing posted Monday in docket 18-89. “The difficulty in finding lenders has forced many to halt the removal, replacement, and destruction of equipment, leaving networks to deteriorate as time goes on and service to be lost as Universal Service funds cannot be used to upgrade the networks that contain covered equipment,” RWA said: “Without the ability to obtain funds to replace equipment, providers experience reduction in network coverage in otherwise unserved areas.” RWA met with FCC Wireline Bureau staff. SI Wireless, NTCH Cleartalk, PTCI, Widelity, Strata Networks and Americrew were also at the meeting. RWA also reported on a call with aides to Chairwoman Jessica Rosenworcel on the 5G Fund. RWA members said they "deployed and are operating mobile networks in areas not served by the nationwide providers, providing needed connectivity to their customers and the public generally though roaming agreements and E-911 services,” said a filing in docket 20-32: “In many cases, this could not have been done without the Universal Service Fund … support the carriers receive through the Mobility Fund, and now those carriers are using their USF support to upgrade to 5G coverage. RWA said the current 5G Fund framework risks undermining this progress, stranding those networks, and wasting current USF support because it lacks a reasonable transition between the legacy support mechanism and a future 5G Fund.”
Telephone companies must allow New York state customers to use preferred names and pronouns, under a new Home Energy Fair Practices Act regulation adopted Thursday by the New York Public Service Commission. All utilities in New York state, including telephone service providers, must "provide residential customers and applicants for residential service with an option to request the use of a preferred name and/or preferred pronouns in all written or oral communications," the rule said. "These regulations continue our advancement for a more diverse, equitable, and inclusive society,” said New York PSC Chair Rory Christian. “Acknowledging a person’s gender identity is an essential step along that path.” Also Thursday, commissioners unanimously supported adopting a draft order to require local exchange carriers to notify customers at least 45 days before transitioning their service to fiber from copper (docket 22-C-0540). Also, commissioners agreed to renew the state USF through December 2026 but freeze it to current recipients (docket 15-M-0742). ILECs seeking to further extend the fund must petition the PSC by Sept. 1, 2025, and include at least one alternative that would target support to at-risk consumers rather than the ILEC as a whole. Any ILEC seeking state USF funding after 2026 must file location and financial data showing availability of competitive and substitute services by Dec. 31, 2025. In the same docket, commissioners decided to allow nine small ILECs facing revenue losses from the FCC’s mandated phase out of intercarrier compensation charges to get additional state USF support.
FCC commissioners and panelists at the Practising Law Institute’s Institute on Telecommunications Policy & Regulation Thursday outlined expectations for 2023 involving employment data collection, enforcement and the USF, but many speakers were focused on cyber and national security, such as compromised apps and obsolete devices. “It’s time to turn our attention to the millions of wireless devices in our country that are insecure,” said Commissioner Nathan Simington. “There’s an industry-wide acquiescence to careless practices.”
Senate Communications Subcommittee members from both parties targeted FCC and NTIA implementation of connectivity programs created in the Infrastructure Investment and Jobs Act and COVID-19 aid measures Tuesday, as expected (see 2212120064), including concerns about deficient data the commission used to develop its new broadband maps. Lawmakers also touched on other telecom policymaking matters they hope Capitol Hill can address during the lame-duck session or in the next Congress. Senate Commerce Committee leaders saw a potential one-week extension of their talks on one lame-duck priority, a compromise spectrum legislative package (see 2212070068), appear via a proposed continuing resolution to fund the federal government past Friday.
A Tuesday Senate Communications Subcommittee hearing on implementation of broadband funding from the Infrastructure Investment and Jobs Act and other recent measures is likely to include a heavy focus on GOP leaders’ concerns about federal agencies’ oversight of those disbursals, lawmakers and other officials told us. There also may be discussion about other pressing issues, including recent pushes to include additional money for the FCC’s Secure and Trusted Communications Networks Reimbursement Program in a FY 2023 appropriations omnibus package (see 2212070068) and to enact legislation that ensures broadband funding from IIJA and the American Rescue Plan Act doesn’t count as taxable income, observers said.
Carriers raised concerns in response to an FCC Further NPRM proposing to extend USF support to eligible mobile and fixed carriers in Puerto Rico and the U.S. Virgin Islands, approved by commissioners 4-0 in October (see 2210270046). The proposals fall short of meeting ongoing needs, commenters told the agency, posted Monday in docket 18-143.
A possible Pennsylvania USF review must be comprehensive, said Commissioner John Coleman at a livestreamed Pennsylvania Public Utility Commission meeting Thursday. Commissioners voted 5-0 for an order setting a Pennsylvania USF budget and surcharge for 2023 (docket M-00001337). The PUC will increase the USF surcharge to 2.53% of 2021 average monthly intrastate retail revenue, from 2.13% of 2020 average revenue, an increase of about 19%, the order said. The fund administrator says the contribution base may need to be expanded due to continuing declines in the base and annual reported revenue, which caused increases to the surcharge, noted Coleman. “Any review of the fund should not be done on a piecemeal basis” or “limited to the contribution base alone.” Commissioner Ralph Yanora agreed. Also at the meeting, commissioners voted 5-0 to approve a settlement with Lumen’s CenturyLink in an investigation into alleged outages and unreliable service (see 2209150025). The telco agreed to pay a $45,000 civil penalty and implement remedial measures including a quality assurance program and required public service announcements to educate the public on how to report damaged facilities (docket M-2022-3028754).