Trade Law Daily is a service of Warren Communications News.

The Rural Cellular Association questioned both the timing and findings...

The Rural Cellular Association questioned both the timing and findings of an FCC Wireline Bureau staff white paper released last week on where mobile service is available only from a small provider receiving high-cost support (CD Oct 24 p1). “RCA…

Sign up for a free preview to unlock the rest of this article

Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.

is troubled that the Commission would submit a study addressing something as critical as rural consumers’ access to mobile voice and broadband services on the eve of the Commission’s Sunshine period,” the group said in a letter to the agency (http://xrl.us/bmgwa4). “The Commission released its Notice of Proposed Rulemaking on February 9, 2011, yet the staff did not make available its study until the 252nd of 253 days leading up to the Sunshine period. Allowing such minimal time for interested parties to analyze and comment on the Staff Study raises significant due process and other legal concerns.” RCA also questioned the conclusions drawn. “The Staff Study concludes that relatively few areas would have no service at all absent a supported wireless provider, and in turn suggests that only approximately $45 million in support is necessary for wireless carriers going forward. The study is flatly inconsistent with the extensive record evidence ... regarding the actual cost to deploy ubiquitous wireless broadband service.” Eight carriers also filed a joint letter criticizing the staff study. “The Bureau’s introduction of such a complex analysis that appears relevant to the substantive outcome of the proceeding is objectionable and violates the letter and spirit of the Administrative Procedure Act,” said U.S. Cellular, C Spire, Allied Wireless, Commnet Wireless, MTPCS, NE Colorado Cellular, Nex-Tech Wireless and PR Wireless (http://xrl.us/bmgwbv).