The Kentucky Public Service Commission will temporarily increase its connections-based state universal service fund charge to 25 cents per line, from 18, due to increased demand, the agency said in an order Friday. Without the increase, the fund would have started running a deficit in March, the PSC said in case 2016-00059. “The Commission will initiate a review of the fund in March 2025, which includes a review of the adequacy of the surcharge and whether support levels should be revised.”
Stronger state laws are needed to combat a rising trend of copper thieves damaging telecom infrastructure, panelists said Tuesday at NARUC’s conference in Anaheim, California. On Wednesday, the NARUC board passed resolutions on phone number conservation, the Universal Service Fund and utility coordination on broadband deployment. The Telecom Committee cleared those measures Monday (see 2411120014). Copper prices are up and therefore so is theft, said Dan Gonzalez, Charter Communications group vice president-state regulatory affairs. The cable company’s lines don’t contain copper, which is common in traditional phone networks, but thieves don’t know the difference, and they damage Charter infrastructure when seeking copper, he said. Networks are exposed and easily accessible, making theft a low-risk, high-reward activity, he said. In addition, many state laws don’t classify the networks as protected critical infrastructure or impose adequate penalties, said Gonzalez. Charter sees fewer incidents in states with broader definitions of critical infrastructure and stronger penalties, including Florida, Tennessee and the Carolinas, he said. The U.S. Cybersecurity and Infrastructure Security Agency is receiving more copper theft reports than previously, said Richard Mitchem, CISA supervisory protective security adviser. Mitchem agreed that identifying the networks as critical infrastructure is a good idea because that would mean stronger repercussions for damage. Todd Foreman, Recycled Materials Association law enforcement outreach director, said raising awareness about the issue is important because law enforcement resources are limited and not all police are looking closely for sales of stolen copper. He agreed that increasing penalties would help discourage theft.
ANAHEIM, Calif. -- The NARUC Telecom Committee on Monday cleared draft resolutions on phone number conservation, the Universal Service Fund and utility coordination on broadband deployment. A USF panel that day described how reform could happen with Republicans controlling the FCC and Congress next year. Also, the affordable connectivity program (ACP) could return in 2025 despite Washington’s partisan climate, said Sanford Williams, deputy chief of staff for FCC Chairwoman Jessica Rosenworcel, during a collocated National Association of State Utility Consumer Advocates (NASUCA) meeting. State utility regulators are holding their annual meeting here this week.
Republican FCC Commissioner Brendan Carr, an overwhelming favorite to become chairman when President-elect Donald Trump returns to office Jan. 20 (see 2411060042), said Thursday the FCC should stand down from working on controversial matters during the transition from President Joe Biden to Trump’s second term. House Commerce Committee Chair Cathy McMorris Rodgers, R-Wash., sent FCC Chairwoman Jessica Rosenworcel a “pencils down” letter Wednesday (see 2411060043). Senate Republicans will likely send Rosenworcel similar demands soon.
The Nebraska Public Service Commission sought additional feedback on Nebraska Universal Service Fund (NUSF) distribution (docket NUSF-139). Commissioners voted 5-0 at their livestreamed session Tuesday to approve an order seeking comments by Nov. 25 and schedule a hearing for Dec. 4 at 10 a.m. CST. The commission hopes to “further refine” a proposed mechanism for distributing high-cost support next year, the order said. The PSC considers the 2025 support mechanism “transitional” as it moves through remaining issues in the docket. “The Commission emphasizes that more work will need to be done to transition the high-cost distribution support mechanism to account for federal and state infrastructure programs, the sustainability of broadband networks, and to ensure that the affordability goals of the NUSF Act will be met.” Under the PSC proposal, released for comment, the commission would keep providing high-cost support to wireline ILECs offering 100 Mbps download and 20 Mbps upload speeds in areas without wireline competitors providing service at that speed. It would also continue supporting ILECs offering 25/3 Mbps speeds, provided it’s in a location that’s “subject to a federally enforceable commitment to provide service at speeds of at least 100/20 Mbps” and that lacks wireline competitors with 25/3 Mbps speeds.
The GOP seemed poised to sweep state commission elections Tuesday, based on unofficial results Wednesday. All the races were in states that went red for President-elect Donald Trump and mostly for commissions that the GOP already dominated. It appeared that Democrats would lose their lone seat on the Arizona Corporation Commission (ACC) and miss a chance at flipping the Louisiana Public Service Commission blue.
CTIA and other commenters urged the FCC to proceed slowly when finalizing rules for a program that would allow schools and libraries to use E-rate support for off-premises Wi-Fi hot spots and wireless internet services. Reply comments were due Monday in docket 21-31 on a Further NPRM, which was approved as part of the hot spot item in July (see 2407180024). Commissioners Brendan Carr and Nathan Simington dissented. “Wireless providers are significant contributors to the universal service fund, and CTIA strongly supports the efficient and effective use of all universal service support, including E-Rate funding,” CTIA said. “Stakeholders will be better able to comment on the controls in the program once they have gained experience with them” and “program requirements should not impose burdens that outweigh the program’s benefits, as that could deter participation,” the group said. The Schools, Health & Libraries Broadband Coalition said the FCC shouldn’t set "overly burdensome administrative requirements or punitive solutions that diminish a school or library’s flexibility to structure its lending practices.” Don’t mandate defined hot spot lending periods, SHLB advised: “Schools and libraries should be able to style their lending practices to better meet users’ educational endeavors.” SHLB also opposed “a data use threshold higher than zero to consider a line ‘used.'” Such thresholds would introduce “assumptions about acceptable and unacceptable broadband use that ignore variables in connectivity needs,” the group said. The North American Catholic Educational Programming Foundation and Mobile Beacon jointly called on the FCC to refrain from imposing new rules at this moment. “Adding burdensome new requirements, in the absence of any compelling need, will unnecessarily burden schools, libraries, and other program participants, and make it harder for students to connect,” they said: “The Commission should increase, not restrict, applicant flexibility.” The American Library Association earlier said final rules would be premature (see 2410040033).
Rural and high-cost areas throughout Alaska remain "some of the hardest and most costly to serve in the country," the FCC acknowledged in a Monday order establishing the Alaska Connect Fund (ACF), complementing the 2016 Alaska Plan (see 2410150048). The order will take effect 30 days after Federal Register publication. Also adopted on Monday was a Further NPRM seeking comment on implementation of the fund.
A three-judge panel on the U.S. Court of Appeals for the D.C. Circuit pressed LTD Broadband Tuesday on its challenge of the FCC's denial of its Rural Digital Opportunity Fund Phase I auction long-form application (see 2405090056). Judges during oral argument questioned LTD and the FCC on the standard of review applied to the ISP compared with other RDOF applicants, as well as the potential impact on rural broadband access in the areas where LTD won bids.
U.S. Supreme Court justices Monday appeared divided on telecom industry arguments that reimbursement requests submitted to the Universal Service Administrative Co.-administered E-rate program can’t be considered “claims” under the False Claims Act (FCA). Justices peppered lawyers for both sides with questions during oral argument as they heard Wisconsin Bell v. U.S., a case from the 7th U.S. Circuit Appeals Court (see 2410070047).