FCC Comr. Adelstein has “long supported a revenue approach” for raising money for the Universal Service Fund “because it’s easier to administer,” he told OPASTCO members Wed. at their winter meeting in Maui. That doesn’t mean he would reject proposals to move away from revenue, he told them. “I'm open to exploring all alternatives; I don’t reject any of these” proposals for reforming the USF contributions system, but none of them is “a panacea,” he said. The FCC is considering changing the way carriers contribute to the USF because of concern the current revenue-based approach no longer works due to changes in industry technology. Adelstein told the group universal service reform is one of the top 3 issues before the FCC this year. Others are intercarrier compensation and IP-based services -- and all 3 are interrelated. “I don’t know if we ever had such a big nut to crack” at the FCC, he said: “Each one of those 3 proceedings is a huge challenge and complicated on its own” and all have to be done in concert. During a Q-&-A session after Adelstein’s speech, rural telecom executives emphasized their concern about phantom traffic. Phantom traffic needs to be dealt with before the FCC takes on USF reform because “the basics need to be handled first,” said a telecom official from Minn. Adelstein said he agreed there was “a good argument for doing it first.” He told the group that “some people, I think, prefer to have this [issue] out there as a driver” to force consensus among supporters of various proposals. However, phantom traffic “may be harder” to fix if regulators wait, he said. In answer to another question, Adelstein said FCC rules require video content providers to offer nondiscriminatory access to their content at reasonable rates but the rules are limited. It’s “contrary to the intent” of the rules for companies to use their “vast hold on the market” to impede access to content, he said. One audience member asked if it made sense for rural carriers to keep “pouring” money into networks while intercarrier compensation and USF reform remained pending. Adelstein told him the FCC, and the Senate Commerce Committee, strongly support USF. “We can’t afford to let these networks go. They are critical to future economic competitiveness.”
The House will pass a telecom bill this year, although agreement has yet to be reached on sticky issues such as net neutrality, Commerce Committee aides told an FCBA lunch Fri. The legislation will be “market-based and market-driven,” said Howard Waltzman, the committee’s majority chief telecom counsel: “We're going to rely on the market to regulate these services and not have a heavy hand in govt. regulation. That’s what’s going to drive this legislation.”
The first session of the 109th Congress started on a fast track for telecom when the House quickly approved a broadcast decency bill in March, but its performance leaves much for the second session to complete. Chances for completing action on long-awaited DTV provisions ended when no deal was reached 2 days before Christmas. Congress approved a one-year exemption from Anti- Deficiency Act rules for the Universal Service Fund (USF) in Nov. In an effort led by Senate Commerce Committee Chmn. Stevens (R-Alaska), the measure was included in the Commerce-State-Justice appropriations bill.
Lobbying spending among telecom, cable and broadcast groups increased about 9% in the first half of 2005 compared with the same period in 2004, according to mid- year reports filed with the Secy. of the Senate. The reports examined for this article include only the internal spending reported by trade associations and companies. Most companies and trade associations supplement their internal resources with outside lobbying groups and law firms that have special expertise in topic areas for contracts ranging from $10,000 to $250,000 per filing period, which is 6 months.
Universal service subsidies totaled nearly $5.7 billion in 2004, the Federal-State Joint Board said in an annual report issued Thurs. About 61.5% of that went to rural telcos with high costs, 24.8% to schools and libraries, 13.4% for subsidies to low-income consumers and 0.3% to support communications services used by rural health care facilities. Other statistics in the report: (1) Telecom industry revenues were about $228 billion in 2004, down from $231 billion in 2003. (2) Local wireline providers saw $86 billion in revenue, reflecting little change from 2003, while wireless providers’ revenue rose to $96 billion from about $85 billion the year before. Revenue from long distance calling dropped to about $51 billion from $59 billion in 2003. The Joint Board report said interstate toll use declined from 444 billion min. in 2003 to 422 billion min. in 2004. Carriers contribute to the Universal Service Fund (USF) based on a percentage of their interstate long distance revenue -- a method the FCC has proposed changing.
A bill introduced by Sen. DeMint (R-S.C.) that would give the FCC authority to define what constitutes fair competition for consumers is based largely on ideas from the Progress & Freedom Foundation’s project on telecom reform. The bill, which has no co-sponsors, includes a substantial section on universal service fund (USF) reform -- the first major Senate telecom bill to address the matter. The provisions are based on research by experts PFF convened from universities, law firms and research groups (CD Dec 9 p3). DeMint’s bill would require the FCC to adopt within 6 months after enactment a new contribution mechanism based on phone numbers; place a $3.6 billion cap on distribution, in the form of performance-based block grants to states.
A bill to create a market-oriented, competition-based communications regulatory system was introduced Thurs. at our deadline by Sen. DeMint (R-S.C.). Under it, communications firms would be regulated like other businesses, to protect consumers and ensure there’s no unfair competition, he said. Services alike from a consumer’s perspective would be treated alike. As such, phone service offered by a cable, land line or wireless firm would come under standard rules. The USF program would be reformed so all service providers contribute equally and funds go out more efficiently, transparently and in a technologically neutral way. Cable TV franchises would be phased out over 4 years. States’ enforcement roles would be preserved, preserving their authority to protect consumers and manage public rights-of-way. “We can no longer force a modern, dynamic industry to operate on archaic rules that destroy job creation, limit consumer choice and needlessly raise prices,” DeMint said. He urged Congress to “wake up” to the fact that today’s rules date to the days of rotary phones.
Telecom will be a “high priority” at the Senate Commerce Committee in 2006, Committee Staff Dir. Lisa Sutherland told a CompTel conference Thurs. It’s premature to say if the House, which has released 2 versions of its draft bill, will take the lead, Sutherland said. “Our bill will take a broader approach and Universal Service Fund (USF) reform will be an important element,” she said. Senate Democratic Counsel Rachel Welch agreed, saying both House and Senate will be looking at one another’s telecom reform efforts.
An FCC Office of Inspector Gen. (OIG) effort to audit more Universal Service Fund (USF) contracts remains stymied by an auditor shortage, OIG said in a report to Congress for the 6 months ending Sept. 30. OIG has long wanted more auditors, especially for E-Rate projects. “Unfortunately, we have made no additional progress in either obtaining additional staff or completing the 3-way contract with USAC (the Universal Service Administrative Co.)” meant to get auditors from an accounting firm, the OIG said. A staff member was to transfer from the Commission’s Office of Managing Dir., but “personnel actions were frozen shortly after Chairman Martin assumed his position and no action has been taken to complete this transfer.” OIG said the 3-way contract for contractors seemed to have FCC approval but in mid-Aug. the FCC Gen. Counsel’s Office raised concerns about the vendor selection process. The OIG said: “We have been working with USAC since the summer of 2004 to establish a three- way contract under which the OIG and USAC can obtain audit resources to conduct USF audits. In addition to providing access to resources to conduct audits, the three-way agreement was intended to provide access to resources necessary to provide support to criminal investigations of E-Rate and USF fraud. As a result of delays in establishing the three-way agreement, the FCC OIG has struggled to provide adequate investigative support to federal law enforcement.”
Universal Service Fund (USF) reform should be a pillar of telecom reform, FCC Comr. nominee Copps told Senate Commerce Committee Chmn. Stevens (R-Alaska) at his Tues. confirmation hearing. The FCC needs to hear from Congress what “universal service” means, Copps said. He also said the contribution methodology needs repair. Responding to Stevens’ query on Copps’s top priority in updating the ‘96 Telecom Act, he said: “USF is so essential to the future of this country… I think we've got to fix that system.”