Hold Consumers' Research's challenge of USF's Q4 contribution factor in abeyance until the FCC issues its report to Congress on the future of USF, the agency asked the 6th U.S. Circuit Court of Appeals, per a filing Tuesday in case 21-3866 (see 2111180018). The report "should address petitioners’ arguments with respect to the lawfulness of the FCC’s rules and procedures for adopting the universal service contribution factor," the agency said: Consumers' Research opposed the motion and interveners supported it.
Open a rulemaking "promptly" to consider "potential modifications" to the FCC high cost Connect America Fund and "whether high-cost support is available for operating expenses in high-cost areas after network deployment is completed," Premier Communications told an aide to Chairwoman Jessica Rosenworcel, per a filing Monday in docket 21-476. Premier said waiting for a notice of inquiry for the future of USF report to be submitted to Congress would "delay resolution of this issue" (see 2112220051): It would "be desirable" for the FCC to complete a rulemaking before 2023 when states are expected to receive broadband grants (see 2111240021).
The FCC released draft rules for the affordable connectivity program Friday, with few changes for providers and guidance for emergency broadband benefit households transitioning to the new program. Chairwoman Jessica Rosenworcel released the draft for feedback "given the importance of this program to consumers," she said: “Congress gave the FCC a very short window to stand up" the ACP "and working with a hyper-accelerated schedule during the holidays, we’ve proven that we are up to the task with this draft." The FCC wouldn't adopt a uniform opt-in requirement for EBB households transitioning to ACP but instead offer a "hybrid approach." Households that wouldn't experience a bill change wouldn't be required to opt in. Those with a "willingness and an ability to pay for broadband" would need to provide consent if they may end up with a bill due to the benefits drop. Households that haven't said they would or could pay must opt in. The draft would keep the same definition of "household" used in Lifeline and EBB. Household eligibility was updated to meet certain statutory changes. Recognizing some eligible households "may experience difficulty accessing or navigating the National Verifier on their own, and may require assistance to complete and submit an application," the draft would require the Wireline Bureau and Universal Service Administrative Co. to do a "one-year test pilot for granting trusted access to the National Verifier for purposes of assisting customers with applying" for ACP. Few changes would be made to the requirements for providers. Providers would need to establish that they offer broadband services to end users before seeking to participate, rather than before December 2020. The FCC was "persuaded by comments not to collect broadband internet service plan information during the election process," the draft said. Similar to the Lifeline program, providers would be prohibited from offering or giving enrollment representatives or direct supervisors compensation based on the number of households that apply or enroll in ACP. The draft cites a recent Office of Inspector General advisory raising concerns about potential misconduct by sales agents. Non-usage de-enrollment rules would mirror the Lifeline program's rules. The FCC received a mixed response on whether "any internet service offering" should include legacy and grandfathered plans. The final rules would include those plans and any that a provider "currently offers to new customers." It further clarified that the requirement "does not require that providers offer such legacy or grandfathered plans to other customers, including ACP-eligible customers, that are not already on such plans." Providers would have 60 days after the final rules are published in the Federal Register to complete any necessary changes to ensure ACP can be applied to "all generally available and currently sold plans." Providers would also be allowed to include taxes and other government fees in the "actual amount charged to a household." The draft would not impose minimum service standards. Smartphones and cellphones would still be excluded. Providers are allowed to perform credit checks only if it's unrelated to the program. Providers would be prohibited from upselling or downselling services. A Further NPRM would also seek comment on implementing an up to $75 enhanced monthly benefit for households in high-cost areas and how to establish its outreach grant program. Comments would be due 30 days after FR publication, 45 days for replies, in docket 21-450. Also released Friday was a public notice allowing ex parte presentations until Jan. 11. Presentations must be filed by Jan. 12.
An FCC order granting voice service providers terminating calls on an IP network permission to use session initiation protocol code 603 for call blocking notifications takes effect Jan. 31, said a public notice Tuesday in docket 17-59 (see 2112150039). Comments are due Jan. 31, replies by Feb. 14, on a Further NPRM on the use of SIP code 603 and fully implementing SIP codes 607 and 608, said Thursday's Federal Register.
The FCC Wireline Bureau granted five of seven waiver requests on the Emergency Connectivity Fund's $400 cap for connected devices, said an order Tuesday in docket 21-93. All the petitioners serve students and staff with disabilities. St. Francis de Sales School for the Deaf, Arizona State Schools for the Deaf and the Blind, and NYSARC-New York City Chapter, AHRC New York City were granted a waiver. Fresno Unified School District's two waiver requests were granted. The Bay Area Technology School was denied a waiver to buy equipment accessories and more than one connected device per student. Health Science High & Middle College in San Diego was denied a waiver to purchase connected devices "compatible with software used in a specialty academic program focused on career preparation." The bureau directed the Universal Service Administrative Co. to complete its review of the seven funding requests within 60 days.
The FCC Wireline Bureau granted a request by more than a dozen groups to extend the comment period for its notice of inquiry on a report on the future of USF, said an order Tuesday in docket 21-476 (see 2112220051). The bureau said the record would "benefit from commenters having had the opportunity to further monitor the commission’s implementation of the affordable connectivity program and NTIA’s implementation of broadband programs." Comments are now due by Feb. 17, replies by March 17.
The FCC "has authority to prescribe minimum service standards" in the affordable connectivity program, said an Adtran letter last week in docket 21-450 (see 2112090061). The company disagreed with CTIA that "[no] commenter favoring selective restrictions on eligible households’ right to apply their benefit to the broadband service of their choice explains how such restrictions could be justified under the statute, and indeed no such justification exists." Adtran's reply backed MSS for fixed broadband.
Alternative connect America cost model I (A-CAM), rural broadband experiment, and Alaska plan support recipients may continue pretesting 70% of Universal Service Administrative Co.-selected samples for the first two quarters of 2022, said an FCC Wireline Bureau order Monday in docket 10-90 granting in part NTCA’s request for an extension of a similar waiver (see 2012210050). It on its own extended similar relief to A-CAM II, Connect America Fund broadband loop support and CAF II auction recipients. The bureau "[agreed] that the global semiconductor shortage has caused delays in both the manufacture and the delivery of equipment,” encouraging carriers to "move as swiftly as possible to test their full sample size." The bureau granted REV Broadband's request to waive pretesting requirements for its subsidiaries receiving CAF broadband support loop support for Q1, citing the "lingering effects of Hurricane Ida." It denied NTCA's request to adopt a "simplified waiver process" and extend the pretesting period for A-CAM, rural broadband experiment, and Alaska plan carriers.
The FCC revoked the authorization of Cleo Communications to participate in the emergency broadband benefit program, following customer complaints. “Numerous consumer complaints filed with the Commission contend that Cleo has failed to provide connected devices or broadband service even though Cleo held itself out as a participating provider in the EBB Program,” said a Thursday Wireline Bureau letter to Cleo CEO Kyle Traxler. “These consumers allege in their complaints that Cleo has marketed itself as a participating provider in the EBB Program and solicited payments for connected devices purportedly subsidized by the EBB Program, but failed to deliver any such device or to provide service.” The company didn’t comment.
GCI Communications sought a waiver of FCC emergency broadband benefit program rules on claims reimbursement, said a petition posted Monday in docket 20-445. GCI "timely uploaded but missed the deadline" to certify claims for October and November, it said. GCI said it also plans to participate in the affordable connectivity program.