Federal Universal Service Fund

The FCC scored a court victory Friday as a three-judge panel held unanimously that petitioners were “unpersuasive” in their “host of challenges” to the 2011 USF/intercarrier compensation order (http://1.usa.gov/1r18uaa). The 31 consolidated petitions for review were denied by the 10th U.S. Circuit Court of Appeals. It’s a validation of the agency’s power to condition the receipt of USF money on the promise of broadband buildout. The decision also affirms the agency’s authority over access charges on all telecom traffic. NARUC General Counsel Brad Ramsay told us he'd be “stunned” if no one appealed this to the Supreme Court, something others predicted (CD Nov 21 p6) after almost five hours of USF oral argument in November.

FCC Chairman Tom Wheeler will recommend raising the USF contribution rate and sending more money to schools and libraries, if that’s necessary, he told a meeting of the Council of Chief State School Officers in Washington Monday. “I will recommend this to my colleagues if warranted,” Wheeler said, according to prepared remarks (http://fcc.us/1qMDLLo) for the event, which was not open to the public. “But my colleagues and I can’t just pour more money into the program as it presently stands,” he said. “The first step in expansion is introspection."

The White House included provisions on school and rural broadband, spectrum license fees, the FCC’s USF and more in its proposed $3.9 trillion 2015 budget, partially revealed Tuesday in a 218-page document and requiring the approval of Congress (http://1.usa.gov/1c5yFWg). It would include a $56 billion Opportunity, Growth, and Security Initiative, which promises funding toward various goals in this sphere. The administration will roll out its budget in two phases, the first of which started Tuesday, and then post some other parts a week later. Congressional Republicans have already complained of the broader details.

The FCC would receive $339.84 million for its salaries and expenses under a consolidated 2014 appropriations deal, lawmakers said this week as details of the legislation were unveiled. The FCC had requested a budget of $359.3 million for FY2014 (http://fcc.us/1aC0J0L). The $1.012-trillion spending package’s details were released in several documents covering how different government branches and agencies are funded by 12 appropriations bills. The continuing resolution and sequestration had left the FCC with $322 million for FY2013, despite a request for $346.8 million for that year (http://fcc.us/1alfuos). “The bill provides that $339,844,000 be derived from offsetting collections, resulting in no net appropriation,” said the explanatory document covering the FCC (http://1.usa.gov/1a4fY4A). It said the total includes $300,000 for “consultation with federally recognized Indian tribes, Alaskan Native villages, and entities related to Hawaiian Home Lands, and $11,090,000 for the FCC Office of Inspector General.” It also included provisions on in-flight mobile services emphasizing that the FCC can determine its rulemaking only from a technical perspective and cannot determine the “social or security implications,” the text said. “The FCC is directed to consult with the Secretaries of Transportation and Homeland Security, and the Federal Bureau of Investigation prior to a final rulemaking,” it said. “The Chairman of the FCC shall keep the House and Senate Committees on Appropriations apprised of any developments in this rulemaking.” There are also administrative provisions for the FCC in sections 510 and 511. The first extends an exemption for the USF and the second prevents the agency from “changing rules governing the Universal Service Fund regarding single connection or primary line restrictions,” it said. The same statement mentions the FTC, which would receive $298 million for salaries and expenses, under the act. NTIA would receive $46 million and the National Institute of Standards and Technology $850 million, according to a different explanatory statement (http://1.usa.gov/1hTJ2xY). “This appropriation is partially offset by premerger filing fees estimated at $103,300,000 and $15,000,000 from fees to implement the Telemarketing Sales Rule,” it said of the FTC appropriations.

Rural ILECs urged the Pennsylvania House Consumer Affairs Committee to eliminate carrier-of-last-resort (COLR) obligations and revise the state Universal Service Fund, at a hearing Thursday. CenturyLink, Frontier and Windstream were among the companies whose executives testified on House Bill 1608 at the hearing, sponsored by Rep. Warren Kampf (R). The committee also heard testimony from AT&T, AARP and the 60 Plus Association. This hearing was the continuation of one last month (CD Nov 22 p14) where Verizon, two Pennsylvania public utility commissioners and the state’s consumer advocate testified.

Pennsylvania residents could see major changes to their wireline services in the state if the Legislature votes for a bill that would eliminate carrier of last resort obligations (COLR) for local exchange carriers in competitive areas and limit the USF, said industry, two Pennsylvania Public Utility commissioners, the state’s consumer advocate and other interested parties at a House Consumer Affairs Committee hearing Thursday. House Bill 1608, sponsored by Rep. Warren Kampf (R), would remove the PUC’s oversight of ILECs, and it would allows ILECs to self-declare whole exchanges as competitive. The bill would end the state’s USF on Jan. 1, 2019, and prevent the PUC from raising the amount of money contributed to the fund each year.

DENVER -- Judges seemed generally receptive Tuesday to FCC arguments that the agency acted reasonably when it implemented its landmark 2011 Connect America Fund order. The 10th U.S. Circuit Court of Appeals panel spent several hours hearing challenges to the order, which rewrote the $4.5 billion USF and set intercarrier compensation on a path toward bill and keep. As judges told challengers that ambiguous terms in the Telecom Act should be resolved in favor of reasonable FCC interpretation, challengers responded either that the terms weren’t ambiguous or the interpretation wasn’t reasonable.

The FCC should refrain from setting one-size-fits-all requirements for the E-rate program, and use its limited E-rate funds responsibly instead of simply aiming to double the fund’s size, parties said in reply comments.

Agencies across the federal government must embrace broadband adoption strategies, with congressional prompting if necessary, some broadband adoption advocates told a Senate Communications Subcommittee hearing Tuesday. They highlighted where gaps still exist and discussed the role of public-private partnerships and ways companies have tried to close the digital divide.

Beleaguered Alaskan telco Adak Eagle Enterprises, whose requests for waiver of the FCC’s new Universal Service Fund rules have been roundly denied by the Wireline and Wireless bureaus (CD July 17 p14), pleaded with the commission to reconsider. In a filing Wednesday the company and subsidiary Windy City Cellular characterized themselves as “tiny companies that worked tirelessly against the odds” to offer phone service in the Alaskan wilderness “when no one else would” (http://bit.ly/1hcWStf). They urged the agency to stop its ceaseless requests for more supplemental information, which have ravaged the carriers: “The FCC is now on the verge of completely destroying the companies.” The Alaskan congressional delegation sent a letter to acting Chairwoman Mignon Clyburn last week warning of the harm that could befall the Adak community if the commission lets its decision stand.