FCC Extends ICC/USF Reply Comments to Dec. 22 December 3rd, 2008

Late Tuesday, the FCC extended the deadline for Reply Comments in the Intercarrier Compensation/USF proceeding by three weeks to December 22.  As a result, the Commission will not be able to take up this issue at its December 18 Open Meeting.

USTelecom filed comments in the proceeding last Wednesday, November 26.  The comments supported a reasonable glide path to a unified rate structure, sufficient restructure mechanism funds to assure companies the ability to continue investing in broadband, movement to a numbers oriented universal service fund contribution methodology, better targeting of universal service distributions, addressing of the twin arbitrages of “phantom traffic” and “traffic pumping”, and determining the proper compensation to be paid by VoIP providers when they terminate calls on the public switched network.  USTelecom believes that companies and consumers will be best served if the FCC addresses these issues soon and will continue its advocacy before the FCC.

Significant Step in FCC Back Up Power Reporting Requirements December 2nd, 2008

This week saw another significant milestone in USTelecom’s long-running effort relating to the extremely burdensome reporting requirements imposed by the FCC concerning network back-up power capabilities.  The Office of Management and Budget has released a one page letter rejecting the FCC’s analysis of the burden that this information collection would impose on the industry, as required by the Paperwork Reduction Act. USTelecom filed with the OMB in October urging them to reject the PRA analysis.

Last year, the Commission issued an Order imposing back-up power requirements and standards on critical network facilities.  The original requirements were extraordinarily costly and burdensome, and USTelecom was able to work with the Commission to have those obligations reduced. These obligations are currently stayed pending resolution of an appeal to the DC Circuit.  At the same time, however, the FCC has sought to move forward with very detailed data reporting requirements concerning existing back-up power standards in the industry.  As we explained in the OMB filing, the FCC’s analysis of the burden that would be imposed on companies to comply with this data collection was extremely understated.  For these reasons, OMB has now rejected the FCC’s analysis.

We will keep you informed as we learn additional information on how the FCC intends to proceed with this matter.

USTelecom Calls for Action on Intercarrier Compensation Reform October 14th, 2008

Late last week, USTelecom filed a letter with the FCC urging the adoption of the industry-backed Missoula Plan for intercarrier compensation reform.  In the letter, we pointed out that the current regulatory system for payments between carriers is unsustainable in today’s environment of new competitors and rapidly evolving technologies.  No one is hurt more by this broken system than Americans living in rural areas and the telecommunications companies that serve them.

We urged the FCC to act to simplify and unify compensation rates and ensure that carriers, particularly smaller and more rural carriers, can stabilize and maintain their current revenue streams.  The Missoula Plan offers the FCC a golden opportunity to realize those goals, which are the key to helping carriers better serve the communities they cover.  Comprehensive intercarrier compensation will help carriers get the resources they’ll need to invest in, build, and operate networks that can bring the benefits of broadband—better education for our students, health care, economic opportunity, and a cleaner environment—to all Americans.

Pandemic Preparedness Summit Tomorrow September 17th, 2008

Tomorrow, I’m going to be taking part in the FCC’s Summit on Pandemic Preparedness here in Washington. According to the FCC, the summit will “focus on communications and coordination between the health care sector, first responders, government and the communications industry in preparation for a pandemic” and “highlight ways that communications may be expanded and enhance in response to a pandemic.”

I’ll be speaking on the second panel, which is at 11:30. We’ll be discussing ways the industry can remain operational during a pandemic in order to support response efforts from first responders, the health care industry, and government.

You can watch the entire summit online here, beginning at 9am.

FCC Releases September Meeting Agenda September 10th, 2008

The Commission has announced a tentative agenda for its next open meeting scheduled for Thursday, September 25, 2008. The agenda is pretty light on issues that are of immediate concern to USTelecom members, although there will tentatively be a discussion of the public safety airwaves auction. The auction is important to broadband providers because the proposed auction rules would, if adopted, require the auction winner to offer free broadband service. Obviously a mandated offering of “free” broadband service could mean serious trouble for the state of broadband competition. We’ll be sure to keep you posted about the outcome of the meeting regarding the auction.

FCC Granting STAs in Storm Aftermath September 3rd, 2008

The FCC issued a public notice yesterday to announce that “Bureaus and Offices of the Federal Communications Commission (FCC) have been granting hurricane-related requests for emergency Special Temporary Authorizations (STAs) to communications providers.”  The agency will release daily updates

—available here

—on carriers that have been granted to operators in areas affected by Hurricane Gustav.

Gone Phishing September 2nd, 2008

The FCC released an announcement today indicating that they’ve received phishing complaints from various parties who are trying to pay their regulatory fees to the agency.

The Federal Communications Commission (Commission) has received complaints that nongovernment entities may be using Internet sites to misdirect parties seeking to submit their regulatory fee payments. The complainants have alleged that these non-government websites are attempting to collect financial information.

The announcement went on to encourage those paying regulatory fees to do so only through the Commission’s authorized site at www.fcc.gov/feefiler.

Rural Carriers Withdraw USF Petition for Reconsideration August 27th, 2008

As we’ve reported in our newsletter Crossroads Express (members only), a group of small, rural, wireless CETCs filed a petition for reconsideration with the FCC on the agency’s order imposing a cap on funding to the high cost portion of the Universal Service Fund.  The group’s petition was the only one submitted to the FCC opposing the order.  In an ex parte filed on Friday, however, the group withdrew its petition with no explanation.  It seems logical to conclude that the group is instead opting to challenge the order in court, although that’s just speculation at this point.  Because implementing the cap has been an important goal of USTelecom, we’ll be sure to keep you posted on any developments.

FCC Releases Net-911 NPRM August 26th, 2008

Last night, the FCC released a Notice of Proposed Rulemaking that covers the implementation of the New and Emerging Technologies 911 Improvement Act of 2008.  I spoke a bit about the issue in last week’s Vidcast.  We’re currently looking over the NPRM to see what it includes, and we’ll be sure to give you an update when we’ve finished.The FCC is statutorily obligated to issue regulations to implement the bill no later than October 21, so the agency has abbreviated the standard comment cycle a bit. Comments on the NPRM will be due 12 days after publication in the Federal Register (which has not yet occurred) and replies 20 days.

Comcast Order Released August 20th, 2008

This morning, the FCC released a Report and Order in its investigation of Comcast’s traffic management practices.  Although we’re still looking over the order for specifics, as expected, the order found generally that Comcast had violated the agency’s statement of principles regarding network management.

When the decision was announce several weeks ago, USTelecom President and CEO Walter B. McCormick Jr. released a statement that supported what appears to be a case-by-case approach to regulating network management:

We believe that case-by-case enforcement is the right way for the Commission to proceed in evaluating claims that companies have not honored the FCC’s Internet policy principles. Given this Commission’s record of pro-competition, pro-investment broadband actions, we are confident that FCC action here will be carefully targeted.

We’ll bring you more information as we have an opportunity to look more closely at the order, especially as we see what its repercussions might be in the future.