Past FCCs have continued to do work after “change” elections, in which the party in charge lost the White House but have generally steered clear of major policy calls. If Chairman Tom Wheeler, as expected (see 1611100041), pushes forward on broadband data services (BDS) rules and the creation of a new phase of the mobility fund at Thursday’s commission meeting, he will essentially be bucking a trend. Former FCC officials, Democrats and Republicans, said Wheeler hasn't been a traditional chairman and may steam ahead even if any new rules are in immediate peril of being reversed once Republicans at the commission and the administration of Donald Trump take control Jan. 20.

Verizon opposed expanding the District of Columbia Universal Service Trust Fund to support broadband for low-income households. "The Commission lacks jurisdiction over broadband services, and thus may not regulate the provision of broadband services," the company commented Monday on the D.C. Public Service Commission’s notice of inquiry in docket FC988. The D.C. Office of the People’s Counsel supported expanding the District’s USF to include broadband as a measure to close the digital divide. “Federal and state programs, like the Lifeline program, designed to facilitate universal access to communications services, must continually evolve to ensure that cost and social barriers do not foreclose the participation of low-income and marginalized consumers,” OPC commented. The USTF should be “updated to reflect changes to the manner in which District residents use communications technologies,” it said. It’s legal for the D.C. program to support broadband because the Communications Act allows states to adopt regulations that advance universal service consistent with FCC rules, and the federal program now supports broadband, OPC said. Section 706(a) directs state commissions to encourage deployment of advanced telecommunications capability, it said. To further close the divide, OPC said the PSC should set up a schools and libraries fund through USTF to supplement the federal E-rate program, and help subsidize the cost of computers for District schoolchildren who participate in the National School Lunch program. In an interview last week, PSC Chairwoman Betty Ann Kane said she expects the her agency will align Lifeline rules with the updated federal program ahead of the December implementation deadline but supports a NARUC resolution seeking waivers for states that need more time (see 1611020045). “It will be tight” meeting the deadline in the District, but doable, she said. Lifeline isn’t a statutory program there, so the PSC merely must make rule changes, she said. However, some other states need legislators to change the statute and probably won’t make the FCC’s deadline, she said.

Verizon opposed expanding the District of Columbia Universal Service Trust Fund to support broadband for low-income households. "The Commission lacks jurisdiction over broadband services, and thus may not regulate the provision of broadband services," the company commented Monday on the D.C. Public Service Commission’s notice of inquiry in docket FC988. The D.C. Office of the People’s Counsel supported expanding the District’s USF to include broadband as a measure to close the digital divide. “Federal and state programs, like the Lifeline program, designed to facilitate universal access to communications services, must continually evolve to ensure that cost and social barriers do not foreclose the participation of low-income and marginalized consumers,” OPC commented. The USTF should be “updated to reflect changes to the manner in which District residents use communications technologies,” it said. It’s legal for the D.C. program to support broadband because the Communications Act allows states to adopt regulations that advance universal service consistent with FCC rules, and the federal program now supports broadband, OPC said. Section 706(a) directs state commissions to encourage deployment of advanced telecommunications capability, it said. To further close the divide, OPC said the PSC should set up a schools and libraries fund through USTF to supplement the federal E-rate program, and help subsidize the cost of computers for District schoolchildren who participate in the National School Lunch program. In an interview last week, PSC Chairwoman Betty Ann Kane said she expects the her agency will align Lifeline rules with the updated federal program ahead of the December implementation deadline but supports a NARUC resolution seeking waivers for states that need more time (see 1611020045). “It will be tight” meeting the deadline in the District, but doable, she said. Lifeline isn’t a statutory program there, so the PSC merely must make rule changes, she said. However, some other states need legislators to change the statute and probably won’t make the FCC’s deadline, she said.

A draft order on a new mobility fund, circulated by FCC Chairman Tom Wheeler for the Nov. 17 commissioners' meeting (see 1610270054), is raising some concerns in industry. AT&T complained about the approach in a Monday blog post. Other industry players are reporting on recent meetings with officials prior to an expected sunshine notice cutting off further lobbying. The agency approved a one-time mobility fund in 2011 and five years later is moving forward on Phase II, as Wheeler promised the Competitive Carriers Association in September (see 1609200058).

A draft order on a new mobility fund, circulated by FCC Chairman Tom Wheeler for the Nov. 17 commissioners' meeting (see 1610270054), is raising some concerns in industry. AT&T complained about the approach in a Monday blog post. Other industry players are reporting on recent meetings with officials prior to an expected sunshine notice cutting off further lobbying. The agency approved a one-time mobility fund in 2011 and five years later is moving forward on Phase II, as Wheeler promised the Competitive Carriers Association in September (see 1609200058).

Tuesday's elections could spell the end of line for some of Capitol Hill’s prominent voices on telecom and tech policy, particularly in the Senate but also the House. Senate Commerce Committee members up for re-election have been particularly vulnerable in a chamber where Democrats are believed to have a decent chance of retaking power, while lawmakers of both parties on the House Communications Subcommittee are virtually all safe. Telecom has seeped into some campaigning.

Tuesday's elections could spell the end of line for some of Capitol Hill’s prominent voices on telecom and tech policy, particularly in the Senate but also the House. Senate Commerce Committee members up for re-election have been particularly vulnerable in a chamber where Democrats are believed to have a decent chance of retaking power, while lawmakers of both parties on the House Communications Subcommittee are virtually all safe. Telecom has seeped into some campaigning.

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 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.”

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 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.”

NARUC may formally ask the FCC to postpone a Dec. 2 deadline to align state low-income programs with updated federal rules that added broadband as a supported Lifeline service. Association members plan to vote on a resolution seeking a delay at its annual meeting Nov. 13-16 in La Quinta, California, said draft resolutions released Tuesday. NARUC also plans to vote on three other telecom resolutions related to the Connect America Fund (CAF), VoIP applications for phone numbers and numbering best practices.