Incompas asked FCC Consumer and Governmental Affairs Bureau staff to "clarify the purpose" of the agency's forthcoming consumer broadband labels and the term ISP "to clarify who is required to provide the broadband labels," said an ex parte post on Thursday in docket 22-2 (see 2203100059). Incompas said providers offering business data services or broadband to enterprise and government customers shouldn't be required to provide labels because "[t]hese are sophisticated customers that negotiate their contracts and know exactly which services they are receiving." The group also asked that E-rate and rural healthcare program providers be excluded from the requirement because their customers "participate in the competitive bidding process where they specify the exact services they need." Give providers the option to add symmetrical speeds and reliability to the label, Incompas added. "These two service qualities have become very important for customers and would permit competitive providers to distinguish their services," the group said, backing an online glossary of terms housed on the FCC's website.
Fixed broadband service providers can now access a "preliminary version" of the FCC's broadband serviceable location fabric, said a Wireline Bureau, Broadband Data Task Force, and Office of Economics and Analytics public notice Thursday in docket 19-195 (see 2204060046). Access is currently limited to providers that "filed fixed broadband deployment data in past Form 477 filings," the notice said. Also Thursday, FCC staff issued guidance for state, local and tribal governments to submit verified broadband availability data through the broadband data collection system.
The FCC Wireline Bureau conditioned its decision on Gtek and BroadAspect's requests for review of the Universal Service Administrative Co.'s ruling that the companies didn't qualify for the systems integrator exception of the FCC's universal service contribution requirements, said an order Wednesday in docket 06-122. The companies also sought a waiver of fines for failing to timely file Forms 499-A. Both companies said in their requests "there is a conflict between the Form 499-A instructions for the systems integrator exception ... and the requirement that all interconnected VoIP providers file Form 499-A." The bureau cited "insufficient evidence in the record ... to conclude whether the companies meet the criteria necessary to qualify for that exception" and conditioned waivers on USAC's "factual determination."
The FCC Wireline Bureau extended its waiver of rural healthcare telecom program rules requiring providers to use the rates database to calculate urban and rural rates for support in Alaska during FY 2023, said an order Tuesday in docket 17-130. The bureau cited "inconsistencies in the rates database and potential significant reductions in levels of support combined with Alaska's uniquely challenging geography." Commissioners approved a Further NPRM in February seeking comments on potential changes to the rates determination rules (see 2202180054).
NTCA asked FCC Wireline Bureau staff to issue another waiver of the budget control mechanism for rural cost-based Connect America Fund broadband loop support and high-cost loop support recipients, said an ex parte posted Monday in docket 10-90 (see 2106030084). It "has become clear in recent years that a mix of increased investment and greater customer adoption of standalone broadband services has led to demand for support in excess of what was projected four years ago," the group said. NTCA said the "recurring budget control issues should prompt a more comprehensive review and resolution" and recommended opening a rulemaking to "consider enhancement and extension of [Alternative Connect America Cost Model (ACAM)] support." The rulemaking should address issues flagged in 2018 by the FCC and "ensure proper coordination and thoughtful consideration of whether any decisions made with respect to ACAM reform could have precedential impact on the CAF-BLS and HCLS mechanisms," it said.
The 120-day initial review period for Apollo's purchase of Lumen's ILEC assets began Monday, said the Committee for the Assessment of Foreign Participation in the U.S. Telecom Services Sector in a filing in docket 21-350. The FCC "will be notified promptly" if a 90-day secondary assessment is needed. The deal is awaiting approval from the FCC, New Jersey and Virginia. A Pennsylvania Public Utility Commission administrative law judge recommended approval in March (see 2203300029).
The FCC's new rates for accessing the reassigned numbers database are effective April 27, said a news release Friday. The agency previously announced guidance on eligibility for a safe harbor from Telephone Consumer Protection Act liability (see 2204070069).
The FCC Consumer and Governmental Affairs Bureau said Thursday that callers may be eligible for a safe harbor from Telephone Consumer Protection Act liability "when an authorized agent queries the [reassigned numbers] database on their behalf," said a public notice in docket 17-59. The bureau said callers must provide proof that the "most recent version of the database was queried and it returned an erroneous response," and "be prepared to prove that it authorized the agent to query the database on its behalf prior to making the calls at issue."
The FCC Wireline Bureau granted two requests and denied one request to waive Connect America Fund broadband loop support and alternative connect America model II support pretesting requirements, said an order Wednesday in docket 10-90. Castleberry Telephone was granted a waiver for the first two quarters of 2022, citing its "reasonable attempt to complete the required testing on a timely basis." The bureau also granted in part Ringsted Telephone's request to waive testing requirements for the first two quarters, denying the company's request to waive pretesting during the third quarter. It denied Venus Telephone's request for a waiver of pretesting during the first quarter of 2022, saying the company "does not state or provide evidence that it ordered equipment for speed and latency testing in preparation for pre-testing" and "waited until the first quarter of 2022 when pre-testing should already have started." It's "imperative" that carriers "continue to put testing capabilities into place, so that they are able to correctly perform the necessary testing in 2023," the order said.
Windstream agreed to pay $1.2 million and entered into a consent decree after an investigation into whether the provider violated FCC rural healthcare program rules on the determination of rural rates for services provided from FY 2017 through FY 2020, said an Enforcement Bureau order Tuesday. The settlement includes about $1 million in repayment to the Universal Service Fund and a $200,000 fine. Windstream "failed to use any of the three rate-setting methods available to service providers" and "has not been able to provide the commission with documents sufficient to demonstrate the processes used to set its rural rates," the order said. Windstream agreed to implement "enhanced compliance measures" as part of its participation in the program. “To facilitate the proper distribution of funds for these limited and invaluable resources, we vigorously pursue violations of the commission’s rural healthcare rules to ensure that funds designated for rural areas and health care providers are available to program participants with no entity receiving an improper or disproportionate share,” said acting Enforcement Bureau Chief Loyaan Egal. Windstream is "pleased that this matter has concluded," emailed a spokesperson.