The Nebraska Public Service Commission gave more time to comment on some long-term Nebraska USF items. The PSC opened the rulemaking in docket NUSF-139 Aug. 29 (see 2308290044) and received comments on short-term issues Sept. 29 (see 2310020062). Comments on broader NUSF changes were due Nov. 17. That deadline will still apply to comments on NUSF goals and updating the strategic plan, and on investment incentives for carriers, a transitional mechanism to support deployed broadband networks and oversight to prevent duplicative or excessive support, Commissioner Tim Schram ordered Thursday. But now due Dec. 22 are comments on revising the portable support mechanism for competitive providers, enhancing consumer protections for accessing providers of last resort and quality services, ensuring affordable rates in rural areas that reasonably compare to urban places, and simplifying regulatory accounting and eligible telecom carrier recertification, the order said. In a separate order Friday (docket NUSF-117), the Nebraska PSC indefinitely extended the state E-rate special construction matching program and increased the state match for projects in the FCC’s corresponding program. The order removes a 10% match cap from the state allocation. Instead, Nebraska will match any remaining eligible new fiber construction costs not already funded through the FCC program, not to exceed 100% of eligible costs, the PSC said. The order gives schools and libraries in the federal program the chance “to install new fiber to their facilities at no cost,” said Chair Dan Watermeier (R).
Big telecom companies differed with rural telcos on how much the Nebraska Public Service Commission should rely on new FCC broadband data for Nebraska USF (NUSF) high-cost distributions. The PSC posted comments Monday on short-term issues in a comprehensive USF review opened Aug. 29 (see 2308290044).
Nebraska will comprehensively reassess state USF rules, commissioners agreed at a Nebraska Public Service Commission meeting Tuesday. The all-Republican commission voted 5-0 to consider changes to the Nebraska USF (NUSF) high-cost distribution mechanism and associated reporting requirements (docket NUSF-139). The commission will seek feedback this fall.
Nebraska Public Service Commission staff recommend changes to state USF reverse auctions to “better incentive participation,” said Telecom Director Cullen Robbins at a partially virtual PSC hearing Wednesday (docket NUSF-131). The commission had a sound framework for conducting the first reverse auction in August 2022, said Robbins. But it makes sense to raise starting reserve prices next time, he said. “Afterall, it is a reverse auction [and] the main goal of the reserve price is to incentivize bidding -- ideally, by multiple parties -- so that the price can be lowered in successive rounds.” Staff recommends setting the reserve price two to three times higher than the model price, Robbins said. Also, the commission should reconfigure the units up for bid, said Robbins. “Since the bidding units in the last auction were census block groups, sometimes the blocks that made up the group were scattered and not contiguous,” which may have ballooned possible project costs, he said. Staff recommends allowing participation by the originally assigned price-cap carriers that returned USF funding or were withheld support, said Robbins: They might want to bid since they could get more money than they would have under the previous USF distribution mechanism, especially with the proposed higher reserve prices and smaller bidding units. Such companies are also likely to have the closest facilities and may be able to provide service for the least cost, he said. Also, staff recommends all participants have eligible telecom carrier designations to participate, which would allow carrier of last resort obligations and ongoing support to be transferred to the winning bidders, said Robbins: Bidders should commit to taking those obligations. Commissioner Tim Schram (R) suggested the Nebraska PSC at least ask applicants to say whether they will connect all the way to a customer’s location, such as in a situation where the customer has a half-mile-long driveway. Also, Schram wants to make sure winning bidders will connect customers to the state’s nearly complete next-generation 911 network. “We've spent millions ... to modernize that network and I just want to make sure that consumers have the ability to connect to it." Fixed wireless can participate if they can meet the program’s requirements for 100 Mbps symmetrical broadband, Robbins answered Commissioner Kevin Stocker (R). “I believe they can meet the speed requirements according to what I’ve seen them claim in the past.”
AUSTIN -- New NARUC Telecom Committee Chair Tim Schram praised NTIA efforts making broadband, equity, access and deployment (BEAD) allocations, in a Wednesday interview. Also, Schram and another Republican committee member, South Dakota Commissioner Chris Nelson, told us they’re glad the FCC may soon finally have all five seats filled.
An upcoming Supreme Court decision in Biden v. Nebraska, which concerns the White House’s student loan forgiveness program, could clarify to what degree the court’s major questions doctrine (see 2302080064) could be used to challenge the actions of federal agencies such as the FCC, said HWG's Chris Wright and FCC Deputy General Counsel Jacob Lewis Thursday on a virtual FCBA panel.
An upcoming Supreme Court decision in Biden v. Nebraska, which concerns the White House’s student loan forgiveness program, could clarify to what degree the court’s major questions doctrine (see 2302080064) could be used to challenge the actions of federal agencies such as the FCC, said HWG's Chris Wright and FCC Deputy General Counsel Jacob Lewis Thursday on a virtual FCBA panel.
California’s shift to connections-based USF contribution is no shining example of cooperative federalism, T-Mobile told the 9th U.S. Circuit Court of Appeals. “It is an unlawful attempt by the CPUC to override the FCC’s policy determination regarding the type of surcharge mechanism that best advances universal service.” Also, in a reply brief Tuesday (case 23-15490), the carrier disagreed with the California Public Utilities Commission that stopping the CPUC order would disrupt nearly every state's USF rules.
T-Mobile would upend the 1996 Telecom Act principle of cooperative federalism if courts stopped California from moving to a connections-based USF contribution mechanism, argued the California Public Utilities Commission. In an answering brief Tuesday at the 9th U.S. Circuit Court of Appeals, the CPUC also disagreed that a flat-fee surcharge discriminates against federal affordable connectivity program (ACP) participants.
T-Mobile shows no dire situation warranting injunction of California’s shift to connections-based contribution for state USF, the California Public Utilities Commission said Friday at the 9th U.S. Circuit Court of Appeals. The agency urged the court to deny the carrier and its subsidiaries’ emergency request to freeze the CPUC order requiring a $1.11 monthly flat fee as of April 1. “No lives hang in the balance,” wrote the CPUC. “No one is threatened with deportation.”