The Kan. Corporation Commission (KCC) concluded federal law hasn’...
The Kan. Corporation Commission (KCC) concluded federal law hasn’t preempted its authority to impose billing standards on wireless carriers that receive universal service subsidies. The KCC said it has authority under both state and federal law to enforce state…
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billing standards that are consistent with federal truth-in-billing rules, and it has authority under federal law to qualify wireless companies as eligible telecom carriers (ETC) for universal service funding. It said its proposed billing standards for wireless ETCs are clearly related to its obligation of ensuring that universal service subsidies are used for their intended purpose. The KCC came to this conclusion in a generic proceeding on billing standards for all local service providers (Case 06-GIMT-187-GIT). The KCC said that while one section of state law denies it any jurisdiction over wireless services, another section gives it authority to designate telecom providers as ETCs and to exercise the full authority available to states under federal law. Wireless carriers have objected to the proposed billing rules as being too wireline oriented and unworkable if applied to wireless service. They also have argued that applying the billing standards only to wireless ETCs and not to all wireless carriers would be discriminatory. The KCC said it needed to resolve the fundamental jurisdictional question before addressing any substantive issues relating to the proposed standards.