Beyond the usual difficulty in getting the Supreme Court to take a case, petitions (see 1504080050) seeking review of the 2011 USF/intercarrier compensation order (see 1405270045) face some obstacles, former FCC Chairman Reed Hundt and other telecom attorneys told us. U.S. Cellular’s argument that the net neutrality order adds to the urgency to deal with the agency’s Telecommunications Act 706 authority through the Universal Service Fund/ICC case is unlikely to move justices, they said.

Rep. Adam Kinzinger, R-Ill., wants to pursue “legislation to ensure forbearance will be permanent” in the FCC net neutrality order, which reclassifies broadband as a Communications Act Title II service and forbears from many Title II provisions, his spokeswoman told us this week. Kinzinger pressed FCC Chairman Tom Wheeler on the possibility at an FCC oversight hearing last month, as did Sen. Ted Cruz, R-Texas, zeroing in on making rate regulation forbearance permanent.

Rep. Adam Kinzinger, R-Ill., wants to pursue “legislation to ensure forbearance will be permanent” in the FCC net neutrality order, which reclassifies broadband as a Communications Act Title II service and forbears from many Title II provisions, his spokeswoman told us this week. Kinzinger pressed FCC Chairman Tom Wheeler on the possibility at an FCC oversight hearing last month, as did Sen. Ted Cruz, R-Texas, zeroing in on making rate regulation forbearance permanent.

Industry groups are upset over an FCC policy statement creating what they call “draconian” treble damages for amounts owed to USF and other funds. CTIA, Comptel, NCTA and USTelecom filed petitions for reconsideration and a stay, saying the statement violates notice requirements and the “inflexible” triple damages violates the Communications Act. ITTA filed comments supporting the joint petitions.

FCC Chairman Tom Wheeler backs moving forward with the universal service program's high-cost loop support (HCLS) mechanism, he told Sen. Jerry Moran, R-Kan., in a March 17 letter released last week. “We believe it is important to move forward with implementation of this mechanism to ensure that universal service funds are being used as cost effectively and efficiently as possible,” Wheeler said, noting the FCC will be considering a petition for reconsideration from the National Congress of American Indians. “In the meantime, however, please be assured that we will closely monitor the effects of the interim HCLS mechanism on rate-of-return carriers, particularly those that serve Indian Country, and will revisit this issue in the event that it has unanticipated results,” he said. Wheeler sent a different letter on the same topic to other lawmakers March 16. The FCC Office of Native Affairs and Policy “is considering potential dates in 2015 when I can meet personally with the Tribally-owned rate-of-return carriers to discuss their concerns,” he said in a letter to Sens. Martin Heinrich, D-N.M, and Tom Udall, D-N.M., and Reps. Ben Ray Lujan, D-N.M., Michelle Lujan Grisham, D-N.M., and Steve Pearce, R-N.M.

FCC Chairman Tom Wheeler backs moving forward with the universal service program's high-cost loop support (HCLS) mechanism, he told Sen. Jerry Moran, R-Kan., in a March 17 letter released last week. “We believe it is important to move forward with implementation of this mechanism to ensure that universal service funds are being used as cost effectively and efficiently as possible,” Wheeler said, noting the FCC will be considering a petition for reconsideration from the National Congress of American Indians. “In the meantime, however, please be assured that we will closely monitor the effects of the interim HCLS mechanism on rate-of-return carriers, particularly those that serve Indian Country, and will revisit this issue in the event that it has unanticipated results,” he said. Wheeler sent a different letter on the same topic to other lawmakers March 16. The FCC Office of Native Affairs and Policy “is considering potential dates in 2015 when I can meet personally with the Tribally-owned rate-of-return carriers to discuss their concerns,” he said in a letter to Sens. Martin Heinrich, D-N.M, and Tom Udall, D-N.M., and Reps. Ben Ray Lujan, D-N.M., Michelle Lujan Grisham, D-N.M., and Steve Pearce, R-N.M.

Net neutrality dominated FCC Chairman Tom Wheeler’s fourth hearing in under two weeks Tuesday, as he faced off against a House GOP appropriator expressing the desire to punish the agency financially for its focus on net neutrality. Wheeler said that the FCC FY 2016 budget request of $388 million largely developed from “unavoidable costs” such as the agency’s proposed move. Commissioner Ajit Pai, as expected (see 1503230067), opposed the budget request and asked Congress to defund the net neutrality order’s execution.

Net neutrality dominated FCC Chairman Tom Wheeler’s fourth hearing in under two weeks Tuesday, as he faced off against a House GOP appropriator expressing the desire to punish the agency financially for its focus on net neutrality. Wheeler said that the FCC FY 2016 budget request of $388 million largely developed from “unavoidable costs” such as the agency’s proposed move. Commissioner Ajit Pai, as expected (see 1503230067), opposed the budget request and asked Congress to defund the net neutrality order’s execution.

FCC Commissioner Ajit Pai intends to ask Congress to strip the agency of money to execute its net neutrality order, he said in written testimony for a House Appropriations subcommittee scheduled for Tuesday. “Congress should forbid the Commission from using any appropriated funds to implement or enforce the plan the FCC just adopted to regulate the Internet,” Pai plans to testify. “Not only is this plan bad policy; absent outside intervention, the Commission will expend substantial resources implementing and enforcing regulations that are wasteful, unnecessary, and affirmatively detrimental to the American public.” Pai, one of two GOP commissioners, is “unable to support” the FCC’s FY 2016 budget request, he will say.

FCC Commissioner Ajit Pai intends to ask Congress to strip the agency of money to execute its net neutrality order, he said in written testimony for a House Appropriations subcommittee scheduled for Tuesday. “Congress should forbid the Commission from using any appropriated funds to implement or enforce the plan the FCC just adopted to regulate the Internet,” Pai plans to testify. “Not only is this plan bad policy; absent outside intervention, the Commission will expend substantial resources implementing and enforcing regulations that are wasteful, unnecessary, and affirmatively detrimental to the American public.” Pai, one of two GOP commissioners, is “unable to support” the FCC’s FY 2016 budget request, he will say.