The administrative law judge process at the FCC is “completely broken” and “something you would find in a banana republic,” not the U.S., former FCC Commissioner Mike O’Rielly said during a Georgetown Center for Business and Public Policy webinar Wednesday. O’Rielly noted review by an ALJ was recently “activated” as part of the review of the Standard/Tegna deal (see 2303100082.)

Inmate calling services providers and consumer advocacy organizations welcomed a draft NPRM and order the FCC will consider during the commissioners' open meeting Thursday that would begin implementation of the Martha Wright-Reed Just and Reasonable Communications Act of 2022. Advocates sought some clarifying language in the final item, and ICS providers sought additional language in the draft on how the agency should establish just and reasonable rates.

California Public Utilities Commission opposition to T-Mobile’s challenge of USF contribution changes “is as legally indefensible as it is inequitable,” the carrier said Thursday at the U.S. District Court of Northern California. T-Mobile and subsidiaries seek a preliminary injunction to stop the CPUC’s October decision to switch to connections-based contribution from taking effect April 1 (see 2302280037 and 2302020058). T-Mobile disagreed with CPUC opposition that it lacks standing and failed to show the new surcharge is inconsistent with federal law.

The USF contribution factor has “gone up really through the roof” and “led to a pretty vibrant debate right now about what the future of the universal service is going to be funded going forward,” said Keller and Heckman partner Casey Lide during a firm webinar Thursday. The telecom lawyer noted some groups sought direct congressional appropriations to fund USF, while others urged the FCC to include broadband internet access service revenue in the contribution base. Consumers’ Research’s challenge of the USF contribution factor in the 5th U.S. Circuit Court of Appeals based on the nondelegation doctrine could “force the hand on this kind of reform discussion,” he said (see 2301180054). If the court finds in favor of the petitioners, “it's undoubtedly going to go before the Supreme Court,” Lide said: "This Supreme Court could well uphold that [and] if that happens, then you're in a scenario where the universal service program is effectively gutted by judicial process.”

The FCC Wireline Bureau granted the Schools, Health & Libraries Broadband Coalition's request to extend until May 1 the rural healthcare program filing window Wednesday (see 2302270070). It declined to grant the New England Telehealth Consortium and the Connections Telehealth Consortium's joint request for a two-month extension. The "lingering effects of the COVID-19 pandemic provide the necessary special circumstances to support a limited 28-day extension," said an order in docket 02-60. The bureau said it expects the latest extension to be the last one related to the COVID-19 pandemic. The bureau also directed the Universal Service Administrative Co. to file the program's gross demand estimate by July 1 and the determination of unused funding from previous funding years during Q3 of 2023.

The FCC provided "no evidence" that it "actually reviewed and accepted" the Universal Service Administrative Co.'s figures for the Universal Service Fund 2021 Q4 contribution factor, Consumers' Research told the 6th U.S. Circuit Court of Appeals. The commission "couldn't even be bothered to issue a separate approval document," the group said in a letter posted Monday in docket 21-3886. The group said such "rubber stamping" violates the private nondelegation doctrine, citing the court's recent ruling in Oklahoma v. United States regarding the FTC' and the Horseracing Authority. The FCC disagreed in a letter posted Monday, saying USAC is "subordinate to a federal agency" and the commission "exercises extensive oversight." USAC "has no rulemaking or policy-making authority," the FCC said.

Disagreement continued between inmate calling services providers and consumer advocacy organizations about how the FCC should proceed with setting permanent ICS rates, in reply comments posted Monday in docket 12-375 (see 2212160061). Some also disagreed whether all facilities, regardless of size, should be required to provide telecom relay services. The FCC will consider an item during its March 16 meeting on implementing the Martha Wright-Reed Act (see 2302230059).

NARUC raised concerns about Rural Digital Opportunity Fund Phase I support in areas covered by rejected applicant, in separate meetings with aides to all four FCC commissioners. "Any equitable solution would assure that funds awarded for service in specific states remain available to support service in those same states," the group said, per an ex parte filing posted Tuesday in docket 19-126. It encouraged the FCC to refer the issue to the Federal-State Joint Board on Universal Service for a recommendation. The group approved a resolution on the matter earlier this month (see 2302150032).

T-Mobile seeks to cloak its "private concern” with a change to California USF “in the language of equity and solicitude for low-income Californians,” the California Public Utilities Commission said Monday at the U.S. District Court of Northern California. T-Mobile and subsidiaries seek a preliminary injunction to stop the CPUC’s October decision to switch to connections-based contribution from taking effect April 1 (see 2302020058). Opposing that motion in case 3:23-cv-00483, the CPUC said T-Mobile lacks standing and fails to show California’s connection-based surcharge violates federal law.

The Schools, Health & Libraries Broadband Coalition asked the FCC to extend until May 1 the rural healthcare program filing window. Many of the group's members participating in the program are "experiencing unique challenges" with the Universal Service Administrative Co.'s MyPortal updates, SHLB said in a letter posted Monday in docket 02-60. USAC is also "still processing a significant number" of FY 2022 applications. The group noted that USAC's decision to report FY 2022 progress based on forms processed rather than funding amounts requested "arguably overstates progress" and "suggests USAC may indeed be de-prioritizing the processing of applications that have large dollar amounts."