Washington Watch 11/27/2013
| November 27, 2013 | |
Contents
USF/ICC Transformation Order
NECA, NTCA, et al. Discuss USF Support for Broadband, Changes to QRA-Based Caps
NTCA Responds to FCC in Case Addressing Petitions for Review of Transformation Order
Order on Service Obligations of CAF Phase II Support Recipients Effective December 27
Cable Companies Discuss CAF Phase I Challenge Process
IP Transition
The Free State Foundation Releases Paper on IP Transition
Local Competition
FCC Releases Local Telephone Competition Report
Universal Service
GCI Discusses Proposed Changes to Form 499-A Instructions
New America Foundation Discusses E-rate Reform
Tempo Telecom Amends ETC Designation Request
FCC Oversight
House Subcommittee to Hold FCC Oversight Hearing on December 12
Cramming
FCC Extends Due Date for Cramming Reply Comments
Today’s News Clips
Rural County Residents Fear Landline Phaseout
Rally Cry Sounds To Save Landlines From Extinction
Jim Murray: The Truth About Your Landline Phone
USF/ICC Transformation OrderNECA, NTCA, et al. Discuss USF Support for Broadband, Changes to QRA-Based Caps NECA, NTCA, WTA, USTelecom, TDS Telecom, Totah Communications, and FWA met with Wireline Competition Bureau staff on November 22, 2013, to discuss refining USF support mechanisms in areas served by rate-of-return-regulated RLECs to facilitate consumer choice and stimulate adoption of broadband. They also discussed how to proceed with changes to the QRA-based caps, and discussed their proposal to establish a capital budget mechanism as an alternative to and substitute for the current application of the QRA caps. NTCA Responds to FCC in Case Addressing Petitions for Review of Transformation Order NTCA filed a letter with the Tenth Circuit Court on November 26, 2013, in the case addressing Petitions for Review of the FCC’s Transformation Order, responding to the FCC’s letter that asserted a 1994 D.C. Circuit decision held that issues raised in an undecided petition for reconsideration filed with the agency by one party do not satisfy the exhaustion requirement in Section 405 in a petition for review filed with a court by another party. NTCA noted the decision also stated, “Had the Commission already completed its review of this petition for partial reconsideration, we would find the exhaustion requirement vicariously satisfied as to petitioners.” NTCA asserted this is the situation in the present case with respect to the regression or benchmark rule limiting high-cost support: two petitions for reconsideration were filed with the FCC challenging aspects of that rule and the FCC acted on those petitions in its Sixth Order on Reconsideration. Order on Service Obligations of CAF Phase II Support Recipients Effective December 27 The FCC published in the Federal Register the Report and Order issued on October 31, 2013, that specifies the service obligations of price cap carriers that accept CAF Phase II model-based support through the state-level commitment process. The Order provides two options for meeting the FCC’s requirements for reasonably comparable pricing of voice and broadband services, and specified the broadband usage allowance and latency requirements that will be deemed reasonably comparable. The Bureau also addressed how it will determine what areas it will consider as served by an unsubsidized competitor, and thus not eligible for CAF Phase II support. The Order is effective December 27, 2013, except for section 54.313(a)(11), which requires approval by the Office of Management and Budget. Cable Companies Discuss CAF Phase I Challenge Process Charter Communications, Comcast, Cox, Time Warner Cable, and NCTA met with Wireline Competition Bureau staff on November 25, 2013, to discuss the CAF Phase I Round 2 challenge process. They said to the extent conflicting evidence is submitted by both a price cap LEC seeking funding and an unsubsidized provider arguing it is capable of serving that area, the Bureau should not award CAF Phase I incremental support. They discussed the types of evidence required in the challenge process and said the Bureau should place no weight on price cap LEC evidence that shows only a portion of a census block is not served by an unsubsidized provider.IP TransitionThe Free State Foundation Releases Paper on IP Transition The Free State Foundation issued a paper on November 26, 2013, entitled “Cooperative Federalism and the IP Transition: The Need to Clarify Federal Jurisdiction Over IP-based Services.” Free State said the transition requires that IP-based networks be subject to federal, not state, authority in order to promote regulatory certainty and ensure the continued success of the ongoing IP transition. Free State stated NARUC’s recent white paper on “Cooperative Federalism and Telecom in the 21st Century” is fine regarding state roles, but said it is important for the FCC to declare that communications utilizing IP-based networks are interstate in nature.Local CompetitionFCC Releases Local Telephone Competition Report The FCC released the Local Telephone Competition Report on November 26, 2013, which summarizes information about telephone services as of December 31, 2012. The report shows there were 96 million end-user switched access lines in service, 42 million interconnected VoIP subscriptions, and 305 million mobile subscriptions as of December 2012. Over the three-year period, interconnected VoIP subscriptions increased at a compound annual growth rate of 17 percent, mobile telephony subscriptions increased at a compound annual growth rate of about 4 percent, and retail switched access lines declined at about 9 percent a year. Commissioner Pai issued a statement on the report.Universal ServiceGCI Discusses Proposed Changes to Form 499-A Instructions GCI met with Wireline Competition Bureau staff on November 25, 2013, to discuss proposed changes to FCC Form 499-A instructions that impact attributing revenues from contributing resellers. GCI discussed the difficulty some filers will have in certifying reseller revenues under the new Form 499-A instructions that implement the 2012 Wholesaler-Reseller Clarification Order. GCI asked the Bureau to amend the FCC Form 499-A instructions to include language on the upstream and downstream certification process and reliable proof. New America Foundation Discusses E-rate Reform Members of the New America Foundation’s Open Technology Institute and Education Policy Program met with Chairman Rosenworcel’s staff on November 25, 2013, to discuss E-rate reform. They discussed several key points from their comments and reply on E-rate reform, including the need for more robust fiber investment and the flexibility for schools and libraries to leverage the resulting capacity in new and innovative ways to promote connectivity both inside and outside institutional walls. They also discussed ways the FCC could improve its data collection processes within the E-rate program. Tempo Telecom Amends ETC Designation Request Tempo Telecom filed a Third Amended Petition for ETC designation on November 25, 2013. Tempo seeks ETC designation for Lifeline support only to provide prepaid wireless services in certain states. This amended request adds Connecticut, Delaware, District of Columbia, New Hampshire, New York, and Virginia, and provides other updates regarding the company, its Lifeline service plans, and its ETC designation efforts.FCC OversightHouse Subcommittee to Hold FCC Oversight Hearing on December 12 House Communications and Technology Subcommittee Chairman Greg Walden (R-Ore.) announced on November 26, 2013, the subcommittee will hold a hearing on December 12, 2013, to receive testimony from the five FCC Commissioners. Walden said they will have “an open, wide ranging discussion that will include everything from cell phones on airplanes to FCC process reforms and the status of the incentive auctions, as we work on the 2014 telecommunications agenda.”CrammingFCC Extends Due Date for Cramming Reply Comments The Consumer and Governmental Affairs Bureau released an Order on November 26, 2013, extending the date to file reply comments on its Public Notice seeking to refresh the record on cramming from December 2 to December 16, 2013.Today’s News ClipsRural county residents fear landline phaseout By Christopher Behnan, Daily Press & Argus Livingston Daily.com Deb Taylor relied on her landline to contact a doctor from her rural Livingston County home when her 2-year-old granddaughter had an asthma attack. Joyce Rivette, 82, used a push-button device connected to her landline to alert EMS when she pinched her sciatic nerve at her Cohoctah Township home. An ambulance arrived in five minutes. A bill pending in Lansing could, in four years, force both women to rely on cellphones to make such calls in an area where, they say, wireless reception is mediocre at best. http://www.livingstondaily.com/article/20131126/NEWS01/311260005/Rural-county-residents-fear-landline-phaseout Rally Cry Sounds To Save Landlines From Extinction By Craig Galbraith Channel Partners As AT&T and other major carriers look to do away with traditional landline service by the end of the decade, opponents are lining up against the move – or at the least, to give consumers plenty of warning that it's happening. One such group is the AARP, which has concerns about its members' access to emergency services. "While AARP embraces new technology and we understand an increasing number of seniors have wireless smartphones, our members are telling us they don’t want to lose their landline phone service," wrote Michigan AARP president Thomas Kimble, in the Lansing State Journal. "They want the security of having both types of service." http://www.channelpartnersonline.com/news/2013/11/rally-cry-sounds-to-save-landlines-from-extinctio.aspx Jim Murray: The truth about your landline phone By Jim Murray, President of AT&T Michigan Lansing State Journal Recent stories in the Lansing State Journal and other news outlets may have scared some people about Senate Bill 636, which would update Michigan regulations to make it easier for phone companies like AT&T to invest in new, more efficient communications services. Unfortunately, the stories have misled — even frightened — some people about what the bill would do. This legislation will not remove landlines from peoples’ homes or businesses. http://www.lansingstatejournal.com/article/20131126/OPINION02/311260006/Jim-Murray-truth-about-your-landline-phone?gcheck=1&nclick_check=1Editor: Teresa Evert | Assistant Editor: Shawn O'Brien |
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