New York Denies Legal Issues With CAF Waiver Request
New York state officials cited wide support for the state's request for expedited waiver of Connect America Fund requirements that Phase II broadband subsidy support in New York be awarded through competitive bidding. But some in the industry said in…
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replies posted in FCC docket 10-90 that legal issues remain. Empire State Development Corp. is seeking a waiver that would allow it to tap federal CAF II support, declined by Verizon in New York, to help fund the state's own reverse auction of broadband subsidies for the same areas targeted by the FCC auction (see 1610260057). “The minimal opposition to the Petition was based on inaccurate factual and legal assertions of the waiver request and the many public interest benefits it would bring,” New York said. ViaSat said the record confirms legal barriers to granting the request. The waiver sought by New York is inconsistent with federal universal service policy and the statute governing federal USF distribution, the company said. The American Cable Association said the petition has “many potential benefits” for spreading broadband, but opposed it as “legally infirm” and suggested New York reconsider. USTelecom cautioned the FCC not to lose a national focus. It said the agency "must ensure that it balances any equitable allocation of CAF funds among the states, with the need to ensure the overall integrity of the CAF fund.”