Gabriella Novello

A petition challenging the FCC USF Q4 contribution factor is likely to fail on procedural grounds but may be part of a bigger challenge to dismantle USF entirely, legal experts said in recent interviews (see 2110010062). Some said it may be an effort to force a reevaluation of the nondelegation doctrine that prohibits Congress from delegating legislative powers to executive branch agencies.

The FCC added several questions to its final NPRM clarifying that all tribal libraries are eligible for the E-rate program, according to our comparison to the draft (see 2109300069). It sought comment on GAO 2016 recommendations regarding tribal outreach and whether "consultation with other relevant federal agencies such as [the Institute of Museum and Library Services] or the Department of Interior Bureau of Indian Affairs, when developing and promoting such training programs and outreach improve their effectiveness" (see 1604270065). It also asked whether the commission should "consider developing performance goals and measures to track progress" on increasing tribal school and library participation.

Industry and advocates disagreed whether the FCC should include ancillary fees or security and surveillance costs in inmate calling services rates, in comments posted Tuesday in docket 12-375 (see 2105200044). Security and surveillance costs "are neither necessary for the provision of communication services nor do they serve [ICS] consumers or the general public," said Worth Rises. There's "no reason that the staff time of a correctional officer should be reflected in rates for phone service, and security and surveillance should not be a profit center," said the United Church of Christ, New America's Open Technology Institute, Free Press, Benton Institute for Broadband & Society, National Consumer Law Center and Public Knowledge. Global Tel*Link and the National Sheriffs Association (NSA) disagreed. Facilities' costs "must include the security and surveillance costs" for providing ICS, said GTL. NSA said some security and administrative tasks are "directly related to and necessary for the provision of inmate calling services." The Prison Policy Initiative asked the FCC to prohibit revenue-sharing agreements between providers and third-party financial institutions. "We do not understand the justification for an ancillary charge in this circumstance above $3.00 and as high as $6.95" for single-call services, said NASUCA. Ensure sufficient cost recovery for facilities if site commissions are regulated, said Pay Tel. Securus backed "phasing out" site commissions from rates and "eliminating duplicative ancillary service charges." NCIC asked the FCC to consider NSA's 2015 data that suggested relying on facilities-based ICS costs rather than provider-generated proposals to develop permanent ICS rates. PPI said NSA's study "suffers from a plethora of problems." Consider how other states are adopting intrastate rates, said the California Public Utilities Commission: Those rates "are multiple times lower than the FCC's proposed interstate rate caps," and the agency should consider if its proposed caps are too high "in light of the ICS providers’ assertions that they incur little to no cost differential to provide interstate versus intrastate calling services." Commenters overwhelmingly backed efforts to expand access to telecom relay services for deaf and hard of hearing incarcerated people. Publicize "the importance of facilities and ICS providers asking individuals whether they require TRS upfront," asked Hamilton Relay. It may not be "administratively feasible" to allow incarcerated individuals to choose their IP captioned telephone service provider, said ClearCaptions. Amend TRS rules "to the maximal extent necessary" to limit barriers to access to communications services for deaf and hard of hearing incarcerated people, said a coalition that included Telecommunications for the Deaf and Hard of Hearing, Communications Services for the Deaf, Hearing Loss Association of America, and National Disability Rights Network. Prohibit ICS providers from charging for "all forms of TRS calls," they said.

Few consumers' phone service will likely be affected if their provider hasn't filed in the FCC robocall mitigation database, experts said in recent interviews. Some had raised concerns that consumers may be unable to make calls if their provider failed to file in the database by the June 30 deadline (see 2104200042).

An FCC draft Further NPRM tightening rules for gateway providers to curb illegal robocalls originating abroad is expected to be unanimously approved during the agency’s open meeting Thursday. That's despite some industry concerns about the proposal to pause enforcement of the foreign provider prohibition until a final decision on addressing illegal robocalls originating abroad. The item is expected to be approved without any major revisions to the draft, an FCC official said Friday.

Industry disagreed whether the FCC should grant Bluebird's petition to preempt the rights-of-way fees charged Columbia, Missouri, as a violation of Communications Act Section 253, in comments posted Thursday in docket 21-323. The telco's fees are "significantly higher than comparable charges for right-of-way access and far exceed charges previously struck down by the commission as excessive," said the Wireless ISP Association. Granting the petition "will signal to other municipalities that excessive and non-cost-based right-of-way access fees place unequal burdens on other providers," WSIPA said. The city's ROW requirements are "unlawfully discriminatory and materially inhibit or limit the ability to compete on a fair and balanced regulatory basis," said Crown Castle Fiber. Effects of the alleged ROW practices "would extend beyond Bluebird and have a chilling effect on other providers seeking to offer competitive broadband service," said NTCA. Preempt uncapped linear foot ROW fees "at minimum," said C Spire: "Linear foot ROW fees are both prohibitive and unrelated to cost." NATOA, the U.S. Conference of Mayors, National League of Cities, National Association of Counties and National Association of Towns and Townships disagreed. "Reject the invitation to play the role of the judiciary with respect to the application of Section 253(c) in this dispute," the groups said. The Northern Dakota County Cable Communications Commission; Shreveport, Louisiana; and Minnesota Association of Community Telecommunications Administrators said similar. "Reject the intractable and legally baseless approach suggested by the petition" and the potential violations "warrant careful scrutiny," said ACA Connects.

An FCC draft Further NPRM on tightening rules for the public safety answering point Do Not Call registry may be unanimously OK'd during commissioners’ Sept. 30 meeting, said experts in recent interviews. The FCC established the PSAP registry in 2012 as mandated by 2012's Middle Class Tax Relief and Job Creation Act (see 1210180072). The new draft proposes to allow voice service providers access to the registry to block robocalls to registered numbers.

An FCC draft NPRM on expanding eligibility for E-rate to tribal libraries is expected to be unanimously approved during commissioners' Sept. 30 meeting, experts said in recent interviews. Library groups and tribal leaders welcomed the move, saying more libraries may be likely to consider applying.

The FCC 911 fee diversion strike force voted unanimously Friday during a virtual meeting to approve its final report as written. It will be sent to Congress and covers the impacts of and recommendations to fee transfers. The document is mandated by the Don’t Break Up the T-Band Act (see 2108020051). All but two of the group’s members participated.

The FCC has the authority to include broadband services revenue in the USF contribution base but would need to establish a comment period before making any changes, industry groups said in recent interviews. A new report suggests adding broadband providers could drop the contribution factor to as low as 4% and avoid facing direct congressional appropriations (see 2109130053).