NARUC Task Force Draft Emphasizes Joint Board Referral, Collaboration

The FCC once worked well with state officials, but that cooperation has happened on “a more limited basis in current policy decisions,” the task force said. The FCC is ignoring what the task force sees as vital collaboration through the Federal-State Joint Board on Universal Service and the Federal-State Joint Board on Jurisdictional Separations, it said. The question of referring FCC decisions to the joint boards has been controversial at past NARUC meetings, where USTelecom has objected that referral may delay FCC action. The paper elaborates on NARUC’s criticism of the FCC in recent resolutions, such as last February’s meeting where NARUC adopted a policy slamming the FCC’s ex parte communications system and lack of outreach to the states. Among its recommendations, the task force emphasizes the role of the joint boards and the FCC’s ability, in referring certain key decisions to them, to acquire “direct insight into the potential effects of proposed communications rules and policies on individual States and their citizens.”

"By returning to its earlier policy of actively seeking input from the States via the Joint Boards, the FCC can ensure that its rules positively impact the States and their communications end users,” the NARUC group said in the draft. “To do this, the Task Force recommends that the FCC refer matters to the joint boards more regularly; follow the [Administrative Procedure Act] rules in its formal and informal rulemakings; and seek diverse regulatory input from a variety of sources."

The new draft takes on the question of federalism directly. States are “uniquely positioned” on telecom issues, it said. The paper noted the way states carry out carrier-of-last-resort obligations “where required under applicable State law.” Several goals should inform telecom policy, the group said. It laid out its priorities as “protecting consumers; ensuring that networks remain ubiquitous and interconnected regardless of communications technology or end user location; Ensuring public safety by maintaining universally available, robust, and reliable networks regardless of communications protocol or end user device; Ensuring that voice and broadband service are ubiquitously available to all citizens at rates that are affordable and reasonably comparable and with reasonably comparable functionality regardless of technology.” The paper calls cooperative federalism “an important cornerstone” in 21st century telecom policy.

The FCC welcomes and values NARUC’s input and regularly solicits the association for its feedback, an FCC official told us in response. The official described multiple instances of such communication and said it exists on a number of fronts, citing a relationship the official called collaborative.

"We were very pleased to see that the Task Force recognizes and stresses the importance of both the FCC and the States to protect and promote robust competition,” CompTel Vice President-Regulatory Affairs Karen Reidy told us by email in response to questions about the latest document. “As such, we are hopeful that State commissions will take an active role in ensuring the existence of such competition, and that the technology transitions underway will not lead to policies that will interfere with the goals of the Communications Act to protect consumers through effective competition.” CompTel also is “encouraged” to see the commissioners recognize whole issues such as interconnection agreements, she added. She cited last-mile access as an important priority for CompTel. “In their efforts to ensure competition, State commissions should investigate and provide the FCC guidance as to the impact the FCC’s existing rules and policies related to last mile access will have on the future of competition,” Reidy said. “We plan to continue to advocate our positions with the Task Force and NARUC as this report is considered."

The task force intends the paper as a “guide for their interaction with State and federal legislators and agencies, industry, and others in reviewing and implementing communications policy and legislation going forward,” it said. The 1996 Telecommunications Act envisioned states and the federal government “working jointly to identify and resolve end user and carrier issues and ensure competition,” it said. The group consists of seven commissioners, with NARUC Telecom Committee Chair John Burke an ex-officio member, as well as multiple staff. NARUC President Philip Jones formed the group at last November’s NARUC meeting in Baltimore, tasking it with revising the association’s 2005 telecom paper (CD Nov 14 p5).

"This draft continues the strong work the Task Force is producing,” said Jones, a commissioner from the state of Washington, in a statement. “The Task Force is continuing their outreach to all stakeholders, which is essential to informing our final product.”

The task force had released a set of principles for comment earlier this year (CD March 18 p3) that provoked a sharp response from critics such as CTIA and NCTA. Other groups, including NASUCA and NTCA, generally applauded that document. NARUC is holding its summer meeting July 21-24 in Denver, with multiple sessions planned on the task force. The association plans to discuss the document “thoroughly,” according to a press release (http://bit.ly/16Xm4Se). It will release a final version of the paper by its November meeting.