The 6th U.S. Circuit Court of Appeals denied a Consumers' Research motion for an extension to file its initial brief in its challenge to the FCC Q4 USF contribution factor as moot, said a letter Friday in case 21-3886 (see 2201130030). Briefing was temporarily held in abeyance until the FCC motion to hold the case in abeyance is resolved, the letter said. An attorney for Consumers' Research didn't comment.
The FCC report on the future of USF should consider where support is needed to "sustain networks and keep services affordable," in addition to unserved areas, NTCA told Commissioner Brendan Carr and his staff, per a filing Friday in docket 21-476. The group suggested adopting "a holistic perspective" on USF's role in "enabling and sustaining access to broadband as compared to other programs focused narrowly on network construction alone."
Total demand for USF programs topped $9 billion in 2021, reported the Federal-State Joint Board on Universal Service on Friday. About $5 billion in high-cost support was claimed in 2020, with FCC staff estimating a similar amount claimed in 2021. Demand for low-income programs in 2021 was more than $1 billion. More than 7 million consumers participated in Lifeline in 2020, with 7,000 tribal subscribers participating in Link Up. More than $1 billion of the $2.4 billion committed to E-rate in 2021 was disbursed. Total rural healthcare funding disbursed was $49 million as of June 30. The USF Q4 2021 contribution factor was 29.1%, down from 31.8% in Q3.
Consumers' Research sought a 14-day extension, until Feb. 9, to file its initial brief for its challenge to the FCC Q4 USF contribution factor, in a motion Thursday before the 6th U.S. Circuit Court of Appeals in case 21-3886. It said the motion was unopposed by the FCC and intervening groups. It "makes little sense" to "push forward on an extensive brief raising numerous very significant constitutional issues about a multi-billion-dollar government program when the case may be stayed anyway," Consumers' Research said. The FCC recently sought to have the case be held in abeyance until it completes its report to Congress on the future of USF (see 2201110075).
Arizona Corporation Commissioners voted 3-2 Tuesday to require staff to open a state USF rulemaking in docket T-00000A-20-0336. Chairwoman Lea Marquez Peterson (R) seeks to support broadband (see 2111090001). Democrats Sandra Kennedy and Anna Tovar voted no.
Hold Consumers' Research's challenge of USF's Q4 contribution factor in abeyance until the FCC issues its report to Congress on the future of USF, the agency asked the 6th U.S. Circuit Court of Appeals, per a filing Tuesday in case 21-3866 (see 2111180018). The report "should address petitioners’ arguments with respect to the lawfulness of the FCC’s rules and procedures for adopting the universal service contribution factor," the agency said: Consumers' Research opposed the motion and interveners supported it.
The Oklahoma Corporation Commission is open to renewing, at least temporarily, an interim change to the state USF contribution method. At a livestreamed meeting Tuesday, OCC members reviewed the state’s November’s shift to a connections-based mechanism. Commissioner Todd Hiett reserved his right to support moving back to revenue-based reporting if he doesn’t see progress on legislative changes.
FCC Commissioner Geoffrey Starks will vote “later this week” on draft affordable connectivity program rules, funded by the Infrastructure Investment and Jobs Act, he said during an Information Technology Industry Council webinar Tuesday. “I expect a lot from this program going forward” (see 2201070060). ACP rules must be finalized within 60 days of the law's enactment, which is Friday.
Open a rulemaking "promptly" to consider "potential modifications" to the FCC high cost Connect America Fund and "whether high-cost support is available for operating expenses in high-cost areas after network deployment is completed," Premier Communications told an aide to Chairwoman Jessica Rosenworcel, per a filing Monday in docket 21-476. Premier said waiting for a notice of inquiry for the future of USF report to be submitted to Congress would "delay resolution of this issue" (see 2112220051): It would "be desirable" for the FCC to complete a rulemaking before 2023 when states are expected to receive broadband grants (see 2111240021).
The FCC Wireline Bureau granted a request by more than a dozen groups to extend the comment period for its notice of inquiry on a report on the future of USF, said an order Tuesday in docket 21-476 (see 2112220051). The bureau said the record would "benefit from commenters having had the opportunity to further monitor the commission’s implementation of the affordable connectivity program and NTIA’s implementation of broadband programs." Comments are now due by Feb. 17, replies by March 17.