The adoption of the America’s Broadband Connectivity Plan (ABC Plan) for Universal Service Fund and intercarrier compensation revamp would “send us to the nearest federal court of appeals,” James Cawley, state chairman of the USF Federal/State Joint Board, told us. Most of the state commissions that filed with the FCC on the agreement oppose preemption of state role in determining USF eligibility. But Wisconsin regulators support some limited preemption of state authority and unified access charge rates.

The 5.8 magnitude earthquake that hit Virginia Tuesday, leading to a overload in wireless networks throughout the region, highlights an issue still to be addressed by the FCC -- the inability of wireless customers to make emergency 911 calls during the period they didn’t have service. Advocates of a national wireless public safety network were quick to cite the incident as further proof they need access to the 700 MHz D-block. But some observers said the inability get through to 911 services raises far more troubling questions. One former FCC official said the equation is simple, if people can’t connect to the network they can’t call 911.

For the second time in three years, the FCC could be on the cusp of making major changes to the Universal Service Fund and intercarrier compensation regimes. In late 2008, those efforts fell flat when then-Chairman Kevin Martin appeared to have support lined up for a reform order, but pulled an item prior to a vote. All signs this time around are that Chairman Julius Genachowski would like to succeed where the former commission fell short.

OAKLAND, Calif. -- Bay Area Rapid Transit officials said any future wireless service cutoffs will be done under a coming policy that will be based on advice from the ACLU. At a special meeting Wednesday of the San Francisco Bay area rail system’s board, with what participants called the eyes of the world watching, President Bob Franklin said the body will vote on a policy at a meeting in two weeks or the subsequent one in four weeks, after a second round of public comments. Two of his board colleagues said they would appreciate recommendations from a recently created review committee for the agency’s police department. And board member Lynette Sweet said the policy should be run past the FCC and California’s Public Utilities Commission before taking effect. BART Police Chief Kenton Rainey said the PUC has asked him and his department’s independent auditor to attend a commission hearing in late September.

Wireless services were disrupted in much of the Washington area after a 5.9-magnitude Virginia-based earthquake rocked the East Coast early Tuesday afternoon. The FCC was investigating network problems. The agency remained functional, though employees were given the option of taking administrative leave for the reminder of the day, a spokesman said. Parts of the Pentagon, White House and Capitol were evacuated. The U.S. Geological Survey warned of possible aftershocks.

NCTA and the American Cable Association jointly raised concerns about a USTelecom-brokered compromise proposal on Universal Service Fund and intercarrier compensation reform, in a letter to FCC Chairman Julius Genachowski sent Tuesday. Cable operators, as key competitors to telecom carriers for voice and data, are expected to be key players as the commission looks at changing its rules for USF and intercarrier comp. Comments are due Wednesday at the FCC on the so called “consensus” agreement.

The FCC is making “great progress” complying with an executive order asking independent agencies to submit regulatory lookback plans to review old regulations, an OMB spokeswoman said Tuesday. The White House on Tuesday posted final regulatory lookback plans by 26 federal departments and agencies, and preliminary plans from four independent agencies other than the FCC. House Commerce Committee Republicans applauded the commission Tuesday for recently removing the Fairness Doctrine and 82 other rules from its books (CD Aug 23 p1) but said process reform legislation is still necessary.

No new laws or regulations are needed to prevent voicemail hacking in the U.S., said telecom and cable industry associations in letters released Tuesday. Reacting last month to the News Corp. phone hacking scandal in the U.K., House Commerce Subcommittee on Manufacturing Chair Mary Bono Mack, R-Calif., sent letters to the heads of USTelecom, CEA, CTIA, NCTA and the Information Technology Industry Council (CD July 19 p6) asking if it’s necessary to adopt new practices, laws or regulations to prevent phone hacks and other privacy breaches. Bono Mack “is reviewing all of the information provided in the letters and is satisfied, at this point in time, that the phone hacking scandal appears to be limited to Great Britain,” her spokesman said Tuesday.

More judges on the 3rd U.S. Circuit Court of Appeals should hear challenges to the FCC’s ownership rules remanded in its Prometheus Radio Project v. FCC decision, said a group of broadcasters and newspaper owners in a petition for an en banc rehearing filed with the court late Monday. In a 2-1 decision in July, a three-judge panel sent back to the FCC several rules that would have relaxed restrictions on the cross-ownership of local broadcast and daily newspaper assets in the same market (CD July 8 p3). The group includes Fox, Tribune, CBS, NAB, Newspaper Association of America, Belo, Morris Communications and Clear Channel. It said the panel’s decision goes against the court’s Administrative Procedure Act precedents and also undermines the 1996 Telecom Act by stymieing Congress’ intent to have the FCC regularly update its ownership rules. Critics of media consolidation said the petition will probably fail.

CTIA is no longer saying flatly that it will revive a legal challenge in response to a new version of a San Francisco ordinance requiring disclosures about cellphone radiation. The association is continuing to study the legal arguments, and a decision may not be made for several weeks, said John Walls, the vice president of public affairs.