Supreme Court pick Neil Gorsuch appears highly skeptical about broad deference justices have given expert agencies, and he has cited the FCC as a prime example. Gorsuch, the 10th U.S. Circuit Court of Appeals judge whom President Donald Trump tapped to fill the seat of the late Justice Antonin Scalia, is seen by FCC watchers as a likely vote to rein in the deference the high court has given agencies under its 1984 Chevron precedent, including in the 2005 Brand X broadband ruling.
Supreme Court pick Neil Gorsuch appears highly skeptical about broad deference justices have given expert agencies, and he has cited the FCC as a prime example. Gorsuch, the 10th U.S. Circuit Court of Appeals judge whom President Donald Trump tapped to fill the seat of the late Justice Antonin Scalia, is seen by FCC watchers as a likely vote to rein in the deference the high court has given agencies under its 1984 Chevron precedent, including in the 2005 Brand X broadband ruling.
NARUC and 12 states said an FCC Lifeline order improperly bypassed state authority to designate USF-eligible telecom carriers (ETCs) under the federal Communications Act. NARUC said the commission's Lifeline broadband provider designation process order "displays a purposeful disregard of the Congressional scheme and lack of reasoned decision making" and deserved no judicial deference under the Chevron precedent. "Congress specified that State commissions, in the first instance, designate all ETCs," said the state regulators' association brief (in Pacer) Monday to the U.S. Court of Appeals for the D.C. Circuit in NARUC v. FCC, No. 16-1170. The order "claims to 'preempt' that §214(e)(2) State procedure based on the facially illogical claim that this Congressional mandate 'thwart[s] federal universal service goals.' Instead, the Order permits only the FCC to designate a new category of the federal Lifeline carriers -- Lifeline broadband internet access service providers," a process that also "undermines State universal service programs, service quality to the end-user, and increases the chances for ETC fraud and abuse," NARUC said. It asked the court to vacate the designation process and other aspects of the order, including FCC decisions giving federal ETCs the initial say over low-income consumer access to state Lifeline subsidies and using forbearance authority to eliminate state service mandates. Twelve states led by Wisconsin's attorney general filed another brief (in Pacer) saying the order "attempted to amend federal law by regulatory fiat to increase its own authority, while taking away the States' statutory rights." Joining were officials from Arkansas, Connecticut, Idaho, Indiana, Michigan, Mississippi, Montana, Nebraska, South Dakota, Utah and Vermont. An intervenor brief from the National Association of State Utility Consumer Advocates is due Monday. The FCC brief is due March 16.
NARUC and 12 states said an FCC Lifeline order improperly bypassed state authority to designate USF-eligible telecom carriers (ETCs) under the federal Communications Act. NARUC said the commission's Lifeline broadband provider designation process order "displays a purposeful disregard of the Congressional scheme and lack of reasoned decision making" and deserved no judicial deference under the Chevron precedent. "Congress specified that State commissions, in the first instance, designate all ETCs," said the state regulators' association brief (in Pacer) Monday to the U.S. Court of Appeals for the D.C. Circuit in NARUC v. FCC, No. 16-1170. The order "claims to 'preempt' that §214(e)(2) State procedure based on the facially illogical claim that this Congressional mandate 'thwart[s] federal universal service goals.' Instead, the Order permits only the FCC to designate a new category of the federal Lifeline carriers -- Lifeline broadband internet access service providers," a process that also "undermines State universal service programs, service quality to the end-user, and increases the chances for ETC fraud and abuse," NARUC said. It asked the court to vacate the designation process and other aspects of the order, including FCC decisions giving federal ETCs the initial say over low-income consumer access to state Lifeline subsidies and using forbearance authority to eliminate state service mandates. Twelve states led by Wisconsin's attorney general filed another brief (in Pacer) saying the order "attempted to amend federal law by regulatory fiat to increase its own authority, while taking away the States' statutory rights." Joining were officials from Arkansas, Connecticut, Idaho, Indiana, Michigan, Mississippi, Montana, Nebraska, South Dakota, Utah and Vermont. An intervenor brief from the National Association of State Utility Consumer Advocates is due Monday. The FCC brief is due March 16.
Rural telco groups are pushing the FCC to hike funding for rate-of-return USF mechanisms, but urging the commission to move ahead with a new model-based mechanism, even if the funding comes up short. NTCA stressed to agency officials the importance of providing enough funding for the model-based and nonmodel (revised legacy) USF mechanisms, "and the negative effects on consumer rates and broadband access" absent adequate funding, said a filing from the RLEC group posted Friday in docket 10-90 on a meeting with aides to Chairman Tom Wheeler and Commissioners Ajit Pai and Mike O'Rielly. NTCA noted its recent filing in which it said consumer broadband rates could spike without $260 million in additional annual funding -- $160 million for model-based support and $100 million for nonmodel support (see 1611210042).
Rural telco groups are pushing the FCC to hike funding for rate-of-return USF mechanisms, but urging the commission to move ahead with a new model-based mechanism, even if the funding comes up short. NTCA stressed to agency officials the importance of providing enough funding for the model-based and nonmodel (revised legacy) USF mechanisms, "and the negative effects on consumer rates and broadband access" absent adequate funding, said a filing from the RLEC group posted Friday in docket 10-90 on a meeting with aides to Chairman Tom Wheeler and Commissioners Ajit Pai and Mike O'Rielly. NTCA noted its recent filing in which it said consumer broadband rates could spike without $260 million in additional annual funding -- $160 million for model-based support and $100 million for nonmodel support (see 1611210042).
Democrats could take control of Louisiana's telecom regulator after commissioner elections, but no other such dramatic shifts are possible in states that elect utility commissioners. A Democrat running for a Republican seat at the Louisiana Public Service Commission -- and who has listed affordable internet as a campaign priority -- could give her party a 3-2 majority. In another race, NARUC Telecom Committee Chairman Chris Nelson is running for re-election in South Dakota. In total across the country, elections will be held for 17 state commissioner seats in 10 states.
Democrats could take control of Louisiana's telecom regulator after commissioner elections, but no other such dramatic shifts are possible in states that elect utility commissioners. A Democrat running for a Republican seat at the Louisiana Public Service Commission -- and who has listed affordable internet as a campaign priority -- could give her party a 3-2 majority. In another race, NARUC Telecom Committee Chairman Chris Nelson is running for re-election in South Dakota. In total across the country, elections will be held for 17 state commissioner seats in 10 states.
It’s too risky to increase New Mexico definitions of broadband and unserved and underserved areas in the state’s Rural USF, Public Regulation Commission staff said Monday. In comments on proposed rules taking effect Jan. 1 for the RUSF, the PRC's Telecom Bureau staff urged only conservative actions to avoid litigation. That followed industry opposition in Oregon last week to a proposal to include “access to broadband” in the definition of basic phone service.
It’s too risky to increase New Mexico definitions of broadband and unserved and underserved areas in the state’s Rural USF, Public Regulation Commission staff said Monday. In comments on proposed rules taking effect Jan. 1 for the RUSF, the PRC's Telecom Bureau staff urged only conservative actions to avoid litigation. That followed industry opposition in Oregon last week to a proposal to include “access to broadband” in the definition of basic phone service.