HOT SPRINGS, Virginia -- Expect increasingly heated clashes in coming years between factions advancing exclusive use of spectrum and those supporting spectrum sharing, as well as policy discussions about USF contribution changes, aides to the FCC commissioners said Friday at the FCBA annual seminar here. Meanwhile, AI experts said that in the absence of congressional action they see the FTC and states becoming vigorous in regulating generative AI.
Most industry groups opposed the FCC's decision restoring net neutrality rules and reclassifying broadband internet access service (BIAS) as a Communications Act Title II service Thursday. Most disagreed with Chairwoman Jessica Rosenworcel on the order's legal standing, warning it could likely be overturned if a challenge is brought (see 2404250004). The Wireless ISP Association will "carefully review" the order and "determine what legal recourse we should take," Vice President-Policy Louis Peraertz said. Several consumer advocacy groups praised the order.
Industry and consumer groups have lobbied the FCC in recent days on whether to maintain its proposed language regarding forbearance of Universal Service Fund (USF) contributions for broadband internet access service (BIAS) in its draft order restoring net neutrality rules, according to an analysis of recent ex parte filings in docket 23-320. The FCC in its draft order to be considered Thursday during the commissioners' open meeting tentatively decided to grant ISPs forbearance from Communications Act Section 254(d) requirements, which govern USF contributions (see 2404050068).
NTCA raised concerns about the FCC's proposed decision to grant ISPs forbearance from USF contributions under Communications Act section 254(d), holding separate meetings with aides to Commissioners Geoffrey Starks and Anna Gomez (see 2404050068). The FCC "would be on sounder legal footing" if it issued a Further NPRM "to consider how and whether to reform universal service contributions," the group said in an ex parte filing posted Thursday in docket 23-320. Forbearance is "a blunt instrument where a lighter touch that has similar effect would be far more appropriate," NTCA said, asking the commission to "adopt a procedural approach that will at once enable more careful consideration of the merits of contribution reforms and potential impacts."
Affordable Connectivity Program Extension Act (HR-6929/S-3565) lead House sponsor Rep. Yvette Clarke, D-N.Y., told us she's cautiously optimistic ahead of the opening of a discharge petition Thursday to force a floor vote on the measure (H.Res. 1119). HR-6929/S-3565 proposes allocating $7 billion for FY 2024 to the ailing FCC connectivity program. Thursday marks the end of a seven-legislative-day waiting period before Clarke can begin collecting signatures on the petition, which would require backing from at least 218 members before becoming effective (see 2404100075). Republican observers, even those who support giving ACP stopgap money, are skeptical the discharge petition bid will succeed.
Broadband officials and experts Wednesday called for continued pressure to replenish the FCC's affordable connectivity program (see 2404100075). Some panelists during Next Century Cities' bipartisan tech policy conference also urged community leaders to engage with their state broadband offices as NTIA approves states' plans for the broadband, equity, access and deployment program.
The connections-based Utah Universal Service Fund (UUSF) surcharge could increase by 27 cents to 98 cents monthly per access line, a 38% increase, the Utah Public Service Commission said in a Monday notice. The increase is needed due to AT&T overcounting access lines subject to the surcharge for nearly two years, from August 2021 to July 2023, the PSC said. After correcting the reporting error, “the actual number of access lines subject to the surcharge have now been reduced by approximately 260,000 per month and thus results in less revenue to meet the costs associated with the UUSF statutory obligations.” Also, UUSF distribution estimates “were significantly underestimated,” the PSC said. “Unless public comment convinces the PSC to alter its plans,” the new rate will take effect July 1. Comments are due June 3.
Price-cap carriers appear to fail state service quality standards, the Nebraska Public Service Commission found. The commission voted 5-0 at its Tuesday meeting to require the carriers -- Windstream, Frontier Communications and Lumen’s CenturyLink to submit reports and corrective action plans. Also, commissioners voted 5-0 to seek comments by May 3, and schedule a May 15 hearing, on a second 2024 NUSF reverse auction that could distribute $18.4 million (docket NUSF-131). A multiyear investigation (see 2311280061 and 2210260052) showed customers "are experiencing significant difficulty in obtaining adequate telephone service” from the three carriers, despite receiving large amounts of Nebraska USF (NUSF) support, said the service-quality order in docket C-5303. The PSC is especially troubled that some carriers “do not appear to have taken steps since the investigation was opened to proactively improve their service,” it added. Fiber cuts comprise only "a small percentage" of recent outages, said the PSC: The rest "appear to result from the carriers’ maintenance and repair practices on their own facilities." It’s likely that the carriers “failed to meet the standard of six trouble reports per one hundred access lines per month, per exchange,” the PSC said. The commission ordered each carrier to submit information by May 31 on how many trouble reports it received in each exchange monthly from November to April. Carriers must identify any exchange averaging eight or more trouble reports per 100 lines in any of those months. By June 28, each carrier "must develop a plan to improve service in" each identified exchange “sufficient to ensure the exchange does not exceed six trouble reports per one hundred lines each month.” In addition, the PSC said it found many customers complained about inadequate customer assistance and missed technician appointments. So, each carrier must develop a plan and report to the PSC on how they improved in those areas by June 28, the commission said. "The plan must ensure customers are able to call and reach a customer service representative familiar with Nebraska’s network and customers." Committed to reliability, Windstream is "reviewing the order and will work with the Commission on any findings," a spokesperson said. CenturyLink disagrees with the order’s conclusions and believes “these reports will show that we’re providing good service to our Nebraska customers,” a Lumen spokesperson said. Frontier didn’t comment.
The net neutrality draft order on the FCC's April 25 open meeting agenda (see 2404030043) will face much the same legal arguments as the 2015 net neutrality order did, with many of the same parties involved, we're told by legal experts and net neutrality watchers.
An FCC order modifying certain administrative and reporting requirements for the USF high-cost program takes effect May 10, said a notice for Wednesday's Federal Register. Commissioners adopted the item in October (see 2310190056).