The lawyer for the Tri-County Telephone Association challenging the FCC’s nearly $1 billion USF telecom rebuild program for Puerto Rico and the U.S. Virgin Islands faced questions Thursday as the U.S. Court of Appeals for the D.C. Circuit heard oral argument in TCT's case (docket 20-1003 in Pacer). Judges challenged the group’s argument that the FCC doesn't have authority to use high-cost USF support dollars for disaster relief.
As T-Mobile follows through on regulatory commitments to build out 5G to cover most of the U.S., population density often isn’t as big a challenge as topography, said Chris Wieczorek, senior director-spectrum policy, at the Americas Spectrum Management Conference. In mountainous areas, “you get a lot more coverage holes,” he said. Wednesday's conference focus was on rural and hard-to-serve areas.
Several members of the Senate Commerce and Judiciary committees face tough reelection fights, elections experts told us. Most of the vulnerable lawmakers are Republicans, including Judiciary Committee Chairman Lindsey Graham of South Carolina, Judiciary Intellectual Property Subcommittee Chairman Thom Tillis of North Carolina and Commerce Security Subcommittee Chairman Dan Sullivan of Alaska. Sen. Gary Peters of Michigan is the only Democrat on either committee who faces similarly long odds. The House Commerce and Judiciary panels face far less potential turnover among incumbents seeking to return in the next Congress.
Commissioners affirmed an FCC private line order but gave TDS Metrocom and XO Communications relief they sought in 2017 (see 1705020039). The two asked to reverse a staff order denying requests to review Universal Service Administrative Co. audit findings on USF contributions. “We affirm the Commission’s long-standing contribution reporting requirements that direct all contributors to obtain and provide to USAC or the Commission upon request documentation that supports the jurisdictional allocation of their revenues,” the FCC said in Tuesday's Daily Digest. “Our decision ensuring that our filing requirements are adhered to by all contributors helps to safeguard the integrity of the Fund.” Based on “unique circumstances,” the FCC said TDS has “shown good cause to grant a waiver of our rules and we direct USAC to reverse its decision.” The commission said USAC didn’t give “sufficient weight to the additional evidence XO submitted to demonstrate it had allocated its private line revenue to the proper jurisdiction” and remanded its determination letter.
The Oregon Public Utility Commission will weigh reducing the state USF surcharge to 5%, at its Oct. 20 meeting, said a staff memo released Tuesday. Staff will answer questions by conference call Monday. The current surcharge is 8.5%, a PUC spokesperson said.
A possible switch from an elected to governor-appointed New Mexico Public Regulation Commission is dividing current and possibly future members. New Mexicans will vote Nov. 3 on that issue and on who will fill two commissioner seats at least until 2023, when the change would take effect. Nine other states also have utility regulator elections this year, with several candidates talking broadband.
Computer matching programs to verify the eligibility of applicants to and subscribers of the USF Lifeline program that the FCC and Universal Service Administrative Co. will conduct with Florida and Minnesota will start Nov. 4 and conclude May 5, 2022, says Monday's Federal Register. The verification is to see that applicants or subscribers in Florida and Minnesota are enrolled in the Supplemental Nutritional Assistance Program and/or Medicaid programs, it said. Comments are due Nov. 4.
Chairman Ajit Pai said the FCC will take up an order at the Oct. 27 commissioners’ meeting addressing the points raised by the U.S. Court of Appeals for the D.C. Circuit on the agency’s order largely overturning the 2015 rules.
The FCC Wireless Bureau gave Pine Cellular an additional year to meet the tribal lands bidding credit construction requirements for a 600 MHz license in Texarkana, Texas, to serve Choctaw Nation of Oklahoma communities. The carrier had problems because it’s using Huawei equipment at the site, the bureau said. “Because Pine Cellular is prohibited from using USF funds to maintain, improve, modify, operate, manage, or otherwise support its Huawei equipment, it asserts that it cannot act without a significant cost burden until the Commission acts in the Supply Chain proceeding to establish a cost reimbursement program for USF recipients to replace equipment from covered companies,” said the Thursday order. “Pine Cellular is presented with limited options for network deployment to the Choctaw Nation communities: build out its existing Huawei network and try to prove it used non-USF funds (recognizing that it also may need to replace this network); or build out an expensive parallel network for which it has no guarantee of reimbursement.” The extension is through Jan. 9, 2022.
Commissioner Mike O'Rielly's nearly seven-year FCC career will wrap up by year's end. During the agency's September meeting Wednesday, he said he's folding on others' efforts to get himself renominated. He said he's leaving regardless of how the November presidential election plays out (see 2009300014).