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Home / Blog

Blog Washington Watch 12/02/2013

Washington Watch 12/02/2013

December 4, 2013 By Lifeline Landing Washington Watch
December 2, 2013

Back Issues
Contents USF/ICC Transformation Order OTZ Telephone Files Information on Impact of Transformation Order Oppositions Due December 11 on ACS Application for Review of CAF Phase II Service Obligations Order MMTC Asks FCC to Grant Adak Eagle, Windy City Requests for Review/Reconsideration of USF Caps Suddenlink Responds to Price Cap Carriers Replies to Census Blocks Challenges ACS Discusses CAF Cost Model IP Transition Chairman Wheeler to Give Speech on FCC Role in Network Revolution WorldNet Discusses IP Transition Issues Universal Service Legislation Introduced on Equitable Distribution of USF Funds to Rural States Comments Filed on Requests for Review of USAC Decision on Private Line Revenue Comments Filed on Proposed Changes to FCC Form 499 Wholeseller/Reseller Instructions Oppositions Due December 11 to SureWest’s Application for Review of Order Denying Waiver of High-Cost Filing Deadlines Washington UTC Corrects TracFone Statements on Lifeline Processes Numbering SmartEdgeNet Responds to CenturyLink on Numbering Trials, Traffic Routing IntelePeer Files Second Report on VoIP Numbering Trial

USF/ICC Transformation Order

OTZ Telephone Files Information on Impact of Transformation Order OTZ Telephone Cooperative filed information on November 26, 2013, on the impact of the Transformation Order on administrative costs and on the nature and impact of disability access requirements, at Commissioner O’Rielly’s request.  OTZ said its corporate operations expenses for outside consultants that provide regulatory expertise have increased 15 percent - 20 percent since 2011, noting this impact does not include the diversion of internal resources for purposes of meeting new reporting requirements. OTZ also filed additional detail on the impacts of the Transformation Order on revenues, at the Wireline Competition Bureau’s request.   Oppositions Due December 11 on ACS Application for Review of CAF Phase II Service Obligations Order The Wireline Competition Bureau released a Public Notice on November 27, 2013, reminding parties of deadlines to file oppositions and replies to ACS’ Application for Review of paragraph 41 of the Order specifying the service obligations of price cap carriers that accept CAF Phase II model-based support through the state-level commitment process. ACS requested the FCC reverse or, in the alternative, stay the Bureau’s statement in paragraph 41 that it would entertain challenges that a census block is served by an unsubsidized competitor from any CETC that meets or exceeds the performance obligations established by that Order and whose high-cost support is scheduled to be eliminated during the five-year term of Phase II. Oppositions are due December 11; replies due December 23.   MMTC Asks FCC to Grant Adak Eagle, Windy City Requests for Review/Reconsideration of USF Caps The Minority Media and Telecommunications Council sent a letter to Chairman Wheeler and the FCC Commissioners on November 27, 2013, to ask the FCC to grant Adak Eagle and Windy City’s Petition for Reconsideration and Application for Review of the Order denying their Petitions for Waiver of the $250 per-line per-month cap on high-cost USF support.  MMTC said both of these companies provide the only data service, the only wireline service, and the majority of wireless service to residents, businesses and public institutions in Adak Island and represent the pinnacle of engagement in the telecommunications industry by a minority-owned firm.   Suddenlink Responds to Price Cap Carriers Replies to Census Blocks Challenges Suddenlink Communications filed a letter on November 27, 2013, to respond to the replies filed by AT&T, CenturyLink, and Windstream on its challenge to CAF Phase I census block lists. Suddenlink said as ACA explained, the price cap LECs’ attempt to exclude further evidence in this proceeding is wrong as a matter of law, equity and policy.  Suddenlink responded that, contrary to AT&T and Windstream assertions, the signatory to its certification is an officer of the company and it properly redacted confidential information consistent with the Bureau’s direction, FCC practice and industry standards.   ACS Discusses CAF Cost Model Alaska Communications Systems met with Chairman Wheeler’s Legal Advisor on November 26, 2013, to urge Chairman Wheeler to take an active role in ensuring that the model adopted for CAF Phase II and the resulting high-cost support serve the Commission’s universal service goals, including ensuring that Alaska consumers retain essential voice services and have greater access to high-speed broadband service. ACS said the model must account for the unique challenges of serving Alaska, and said the Bureau should not be permitted to depart from the FCC’s policy to support all price cap areas not served by an unsubsidized competitor at the time the model is adopted.

IP Transition

Chairman Wheeler to Give Speech on FCC Role in Network Revolution The FCC issued a News Release on November 27, 2013, announcing Chairman Wheeler will deliver a speech to his alma mater, Ohio State University, on December 2 and will discuss the FCC’s role in tackling the challenges and seizing the opportunities of the ongoing network revolution and the FCC’s commitment to protecting the public interest.   WorldNet Discusses IP Transition Issues WorldNet spoke with the Interim Director and staff members of the Technology Transitions Policy Task Force on November 25, 2013, to discuss the Task Force’s work and its potential impact on WorldNet. WorldNet urged 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.

Universal Service

Legislation Introduced on Equitable Distribution of USF Funds to Rural States Senator Kelly Ayotte (R-NH) introduced the bill S. 1766, the USF Equitable Distribution Act of 2013, which seeks to provide for equitable distribution of USF funds to rural states. The bill would amend Section 254 of the Communications Act such that not less than 75 percent of all amounts collected by interstate telecommunications providers from consumers in a rural state for the purpose of USF contributions shall be allocated to the provision of USF to consumers in that rural state.   Comments Filed on Requests for Review of USAC Decision on Private Line Revenue Comments were filed on November 29, 2013, on US Link’s and DeltaCom’s separate Requests for Review and reversal of a USAC private line revenue audit finding. COMPTEL said the FCC should reverse USAC’s audit finding that US Link’s intrastate private line revenues should be reclassified as interstate, claiming USAC misconstrued the FCC’s  ten percent rule and has exceeded the scope of its authority. EarthLink also said USAC’s interpretation of the ten percent rule was incorrect. U.S. TelePacific commented on US Link’s and Deltacom’s requests, and asserted USAC’s interpretation of the ten percent rule mistakenly assumes that circuits are interstate until proven otherwise and that carriers have an obligation to verify the intrastate use of private line circuits. Replies on USLink’s request are due December 16.   Comments on DeltaCom’s request are due December 2; replies due December 17.   Comments Filed on Proposed Changes to FCC Form 499 Wholeseller/Reseller Instructions Comments were filed on November 27, 2013, on proposed changes to FCC Form 499-A and Form 499-Q and accompanying instructions. AT&T, BT, CenturyLink, Orange, Sprint, Verizon, and XO submitted additional language and edits to their proposal for revised Form 499-A Instructions language regarding reseller certifications. COMPTEL supports further revisions proposed by the Industry Group, saying they help clarify the obligations of wholesalers and resellers when adding services after a reseller’s annual certificate has been provided. Nexus said its understanding of the proposed revisions to the Form 499-A Instructions will not affect the substance of the rule that Lifeline support is exempt from assessment with respect to these fees.  The Ad Hoc Coalition of International Telecommunications Companies asked the FCC to provide notice and clear procedures that enable providers to segregate private carriage revenue from common carriage revenue to avoid Title II fees on the former, and acknowledge the existence and effect of the federal default statute of limitations as it pertains to USAC’s back-billing authority. Public Notice   Oppositions Due December 11 to SureWest’s Application for Review of Order Denying Waiver of High-Cost Filing Deadlines The Wireline Competition Bureau released a Public Notice on November 27, 2013, reminding parties of deadlines to file oppositions and replies to SureWest’s Application for Review of the Order that denied its request for waiver of the filing deadline for state certification regarding the use of high-cost support.  Oppositions are due December 11; replies due December 23.   Washington UTC Corrects TracFone Statements on Lifeline Processes The Washington Utilities and Transportation Commission filed a letter on November 27, 2013, correcting Washington-related information regarding the processes for determining Lifeline eligibility and the participation rates of ETCs in Washington state that TracFone Wireless provided to the FCC in its September 13, 2013 and September 19, 2013 letters. The WUTC said TracFone incorrectly reported that 81 percent of ETCs in Washington are not utilizing a state database to verify an applicant's eligibility for Lifeline.

Numbering

SmartEdgeNet Responds to CenturyLink on Numbering Trials, Traffic Routing SmartEdgeNet filed a letter on November 27, 2013, to respond to CenturyLink’s ex parte on interconnection arrangements to facilitate the trial of VoIP providers accessing numbering resources directly. SEN claims CenturyLink’s professed need to track and measure traffic is irrelevant to the purpose of the trial.  SEN said the requirement for separate trunks may be an industry standard approach for TDM carriers, but it is not an industry standard approach for interconnected VoIP providers, and said it defeats one of the benefits of interconnected VoIP services by adding additional, unnecessary costs.   IntelePeer Files Second Report on VoIP Numbering Trial IntelePeer filed a Second Report on its VoIP numbering trial on November 26, 2013, pursuant to the April 18, 2013 Order.  IntelePeer said because this report is dated prior to the effective dates of the telephone numbers and LRNs, IntelePeer has nothing to report for the specific reporting categories identified by the FCC in the Order.

Editor: Teresa Evert  |  Assistant Editor: Shawn O'Brien

 

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