Alaska Commission Opens New Comment Period on USF Sunset

The Regulatory Commission of Alaska unanimously tabled action on Alaska’s June 30 USF termination to hold a supplementary 10-day comment period for feedback on last-minute draft regulations from the Department of Law (see 2305080035). The additional comment period was jointly requested just before Wednesday’s meeting by many entities, including Alaska's Office of the Attorney General, the Alaska Telecom Association, Alaska Communications, the city of Ketchikan and public interest group Native Movement. The DOL proposal is “different than anything we’ve seen” and “merits feedback,” said Birch Horton attorney Elisabeth Ross, who represents Alaska Communications. The supplementary comment period is from Friday to May 22.

Commissioner Robert Pickett, who made the motion for the supplementary comment period, seemed concerned the delay would worsen the RCA’s timing problems. “Keep in mind we have serious issues with the calendar and the clock. And quite frankly, there's been a lot of naivety in this docket up to this point,” said Pickett, though he also said allowing additional comments is “appropriate.” A supplemental notice “gives us more time, but it also takes away more time,” said Commissioner Robert Doyle. “If we get a bunch of convoluted legal arguments that we have been unable to deal with, not just in the last two years, but quite frankly, in the last five years, it's going to make it all the more difficult to do anything to have this program continue,” said Pickett.

“With a short, ten (10) day supplemental comment period, the RCA will still have time to adopt emergency regulations, or take other interim action, before the AUSF June 30, 2023 sunset date, if it chooses,” said the joint request for supplementary notice and comment, which the commissioners said they received only shortly before Wednesday’s meeting. The commission briefly adjourned Wednesday’s meeting to allow the commissioners to read the joint request. “The issues presented in this docket are extremely important and the RCA’s decision in this matter will have major impacts on residents across the State,” said the joint request.

The joint request argues a supplementary comment period would allow the RCA to take notice of a number of comments on proposed changes to the USF regulations that came in after Friday’s comment deadline, but the commissioners said that won’t be the case. Such comments won’t be in the record unless they're resubmitted during the supplementary comment period, said Doyle and the RCA’s legal adviser.

Keeping the USF open is “in the public interest,” said Doyle. Commission Chair Keith Kurber said he supports the additional comment period, but the goal should be for industry to seek a fix outside of government agencies. “The comments we received were robust,” Kurber said. “I would really hate to see the USF program shut down on June 30 in this fashion with a total lack of planning, total lack of preparation,” said Pickett.