Washington Watch 11/26/2013
| November 26, 2013 | |
Contents
USF/ICC Transformation Order
NTCA Discusses USF Support for Broadband, Reporting Requirements, Safety Net Additive
NASUCA Responds to FCC in Case Addressing Petitions for Review of Transformation Order
NCTA, ACA Discuss CAF Phase II Auction Process
Utilities Discuss CAF Support for Broadband
Troy Cablevision Responds to CenturyLink Reply to Census Blocks Challenge
FCC Authorizes 218 Mobility Fund Winning Bids
IP Transition
AT&T Files Tariff to End Long-Term Special Access Discount Plans
WorldNet Discusses IP Transition Issues
Verizon Provides Update on VoiceLink and Copper Facilities in N.J. Barrier Islands
Universal Service
FCC Grants Requests on Allocation of Revenue for USF Contributions
Oregon PUC, OTA Seek Permanent Waiver of Lifeline Certification Rules
Colorado Department of Education Discusses E-Rate Modernization
McGraw-Hill Education Comments on E-Rate Modernization
Numbering
SmartEdgeNet Files Third Report on VoIP Numbering Trial
Regulatory Fees
FCC Issues Small Entity Compliance Guide on Regulatory Fees
Relay Services
FCC Issues Small Entity Compliance Guide on Closed Captioning of IP-Delivered Video Programming
FCC Seeks Comment on Sprint Petition for Reconsideration of IP Relay Rate Order
CaptionCall Files PRA Comments on IP CTS Requirements
USF/ICC Transformation OrderNTCA Discusses USF Support for Broadband, Reporting Requirements, Safety Net Additive NTCA’s Board of Directors and staff met with Commissioner Jessica Rosenworcel and her Legal Advisor on November 21, 2013, to discuss the need for refinement of USF support in areas served by rate-of-return-regulated RLECs to facilitate consumer choice and stimulate adoption of broadband. They also discussed the need for reconsideration of the elimination of Safety Net Additive support for companies that qualified based upon investments during 2010 and 2011, rational contributions reform, and a balance between the desire for accountability in the use of USF distributions and the burden imposed by reporting requirements. NASUCA Responds to FCC in Case Addressing Petitions for Review of Transformation Order NASUCA filed a letter with the Tenth Circuit Court on November 25, 2013, in the case addressing Petitions for Review of the FCC’s Transformation Order, responding to the FCC’s letter that provided a citation for a 1994 case to which FCC Counsel had referred during oral argument on November 19, 2013. In that case, the D.C. Circuit held the §405 exhaustion requirement is not satisfied until the agency has resolved the issue raised by a reconsideration petition. NASUCA asserted this cited case is not binding on this court, and said if the court does find that NASUCA’s appeal must wait until the FCC decides the D.C. PSC reconsideration petition, the court should retain jurisdiction over any subsequent appeal once the FCC acts. NCTA, ACA Discuss CAF Phase II Auction Process NCTA and ACA met with Wireline Competition Bureau staff on November 21, 2013, to discuss the CAF Phase II program. They said the current ETC designation process is not well suited to the CAF Phase II post-election competitive bidding process, and said requiring providers to obtain ETC designations in areas in which they potentially might be interested in bidding would be unduly onerous and would discourage potential bidders from participating. They suggested the FCC should: make clear that an area is served if the provider can turn-up service in a commercially reasonable amount of time; enable entities to file proprietary information confidentially; issue a notice on public submissions; and permit any officially authorized person in an entity, not just an officer, to sign the certification. Utilities Discuss CAF Support for Broadband Midwest Energy Cooperative, the Utilities Telecom Council and its Rural Broadband Council met with Office of Strategic Planning and Policy Analysis staff on November 19, 2013, to discuss how utilities could gain access to support for broadband deployment to unserved and underserved areas through the CAF. Troy Cablevision Responds to CenturyLink Reply to Census Blocks Challenge Troy Cablevision filed a letter on November 25, 2013, to respond to CenturyLink’s reply on its challenge to the CAF Phase I census block list, providing additional information in support of its challenge. FCC Authorizes 218 Mobility Fund Winning Bids The Wireless Telecommunications Bureau and Wireline Competition Bureau issued a Public Notice on November 25, 2013, announcing they are ready to authorize Mobility Fund Phase I support for 218 winning bids in Auction 901. The Bureaus said the winning bidders are required to submit for each of their specified winning bids an acceptable irrevocable stand-by letter of credit and Bankruptcy Code opinion letter from their legal counsel by December 10, 2013.IP TransitionAT&T Files Tariff to End Long-Term Special Access Discount Plans AT&T posted a blog on November 25, 2013, announcing it filed tariff changes with the FCC that would end its special access discount plans longer than 36 months, but would grandfather those customers already in existing long-term contracts, including those that have terms as long as seven years. AT&T said it takes this action to ensure multi-year contracts for TDM-based services reflect the ongoing transition to IP and do not extend beyond the expected completion of the transition in 2020. AT&T noted these changes are effective December 10, 2013. WorldNet Discusses IP Transition Issues WorldNet spoke with Commissioner O’Rielly and his acting Legal Advisor on November 21, 2013, to ask the FCC not to adopt a “one size fits all” approach to the IP transition, and to consider various options, including requiring local case-by-case proceedings in certain markets, before relieving incumbents of their current obligations or requiring them to offer copper plant to competitors at salvage prices. Verizon Provides Update on VoiceLink and Copper Facilities in N.J. Barrier Islands Verizon met with Wireline Competition Bureau staff on November 20, 2013, to respond to FCC questions on its discontinuance of service in the New Jersey barrier islands where Verizon’s sole offering is VoiceLink. Verizon said it continues to offer VoiceLink in the storm-affected parts of the N.J. Barrier Islands, other parts of N.J., and elsewhere, as an option for consumers encountering problems with copper facilities. Verizon said, if asked, it will continue to provide Lifeline in the affected areas using VoiceLink.Universal ServiceFCC Grants Requests on Allocation of Revenue for USF Contributions The Wireline Competition Bureau released a Declaratory Ruling on November 25, 2013, granting RICA’s Petition that asked the FCC to clarify CLECs are under no legal obligation to report on their Form 499-A any portion of their end-user revenues that are not received pursuant to rates explicitly designated as charges for the provision of interstate service. The FCC also granted a request filed by Blackfoot Communications that sought review of a USAC decision to reclassify as interstate revenue a portion of its fixed local service revenues, directing USAC to review Blackfoot’s 2010 FCC Form 499-A and issue refunds as appropriate. The Bureau also allowed RICA members who filed amended FCC Forms 499-A under protest, based on USAC’s direction, to revise their filings and provide any relevant documentation in support of such filings, and directed USAC to refund any resulting overpayments to these parties. Oregon PUC, OTA Seek Permanent Waiver of Lifeline Certification Rules The Oregon PUC and Oregon Telecommunications Association filed a Petition on November 25, 2013, seeking a permanent waiver of the Part 54 rules requiring the OPUC, the state Lifeline administrator, to provide a copy of the subscriber’s certification form to the ETC, before the ETC can claim reimbursement from the federal USF. Colorado Department of Education Discusses E-Rate Modernization The Colorado Department of Education held a teleconference with Wireline Competition Bureau staff on November 22, 2013, to discuss modernization of the E-rate program. It provided information on E-rate in Colorado, and said Colorado supports increasing state-level control over E-rate support, including providing block grants to the states, and eliminating the distinction between priority one and priority two services. It also said the overall cap on E-rate support should be increased. McGraw-Hill Education Comments on E-Rate Modernization McGraw-Hill Education filed ex parte comments on November 25, 2013, on modernizing the E-rate program. McGraw-Hill said significant progress for students and schools can be achieved if the Commission considers the rapidity with which digital technology advances, and sets standards that will enable digital learning today and in the future.NumberingSmartEdgeNet Files Third Report on VoIP Numbering Trial SmartEdgeNet filed a Third Report on its VoIP numbering trial on November 25, 2013, pursuant to the April 18, 2013 Order. SmartEdgeNet said the total of new numbers placed in service is zero; there are no port-in requests, nor port-out requests from a number held directly by SEN; no routing failures; and no billing or compensation disputes. It also reported that on October 15, 2013, trial numbers went live in NPAC; voice testing began and IXC interstate traffic has completed to SEN's network without issue; and local and toll calls are completing from incumbent lines tested in Key West, Florida and Dallas, Texas.Regulatory FeesFCC Issues Small Entity Compliance Guide on Regulatory Fees The FCC released a Small Entity Compliance Guide on November 25, 2013, to help small businesses and organizations comply with new rules for assessment and collection of regulatory fees for Fiscal Year 2013. The FCC provided information on payments, administrative and operational issues, recordkeeping requirements, and enforcement. The FCC changed the way regulatory fees would be assessed and collected for FY 2013 and beyond in its August 2013 Order.Relay ServicesFCC Issues Small Entity Compliance Guide on Closed Captioning of IP-Delivered Video Programming The FCC released a Small Entity Compliance Guide on November 25, 2013, to help small businesses and organizations comply with new rules governing the closed captioning requirements for the owners, providers, and distributors of video programming delivered using Internet Protocol and capabilities of certain apparatus on which consumers view video programming. The Commission amended these rules in its January 2012 Report and Order, and June 2013 Order on Reconsideration. FCC Seeks Comment on Sprint Petition for Reconsideration of IP Relay Rate Order The FCC released a Public Notice on November 25, 2013, seeking comment on Sprint’s Petition for Reconsideration of the FCC’s IP Relay Rate Order. Sprint said the rates established in the Order are too low to ensure high quality service, suggesting the “rapid exodus” of three of the five IP Relay providers from the marketplace appears to be evidence of inadequate compensation of providers for provision of IP Relay services. Comments are due December 5; replies due December 12. CaptionCall Files PRA Comments on IP CTS Requirements CaptionCall filed Paperwork Reduction Act Comments on November 25, 2013, on information collection requirements imposed by the FCC’s IP CTS Order. CaptionCall claims the Notice fails to meet any notice requirements of the Paperwork Reduction Act, and asserted the FCC must recognize the information collections mandated in its IP CTS Order require the collection of personally identifiable information that have privacy impacts.Editor: Teresa Evert | Assistant Editor: Shawn O'Brien |
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