Groups, Congress Call on FCC to Delay ICC/USF Vote

Absence of Additional Public Comment, Lack of Transparency ‘A Bunch of Nonsense’

Pressure is mounting on the FCC to reconsider its decision to vote on proposed intercarrier compensation/Universal Service Fund (ICC/USF) reform Nov. 4. And time is running out for proponents of process transparency – the FCC’s quiet period kicks in tonight at midnight and all lobbying must end by then.

The agency has not presented its written order for public comment, and an FCC spokesman has stated that will remain the case. The inability to examine the document is causing consternation among service providers, consumer advocates, state associations and Congress because only commissioners know the minutiae that could upend business models and increase users’ bills.

On Monday, representatives of 10 organizations called on the FCC to suspend its pending vote and instead make time for public review and comment. That just makes good public policy sense, said Matt Salmon, president of competitive carrier association COMPTEL. The argument that ICC and USF have been under discussion for seven years, and are therefore fair game for an overhaul, doesn’t hold up, he said.

“I’ve never heard such a bunch of nonsense in my life.”

Members of Congress apparently agree because today, 61 federal lawmakers signed a letter sent to FCC Chairman Kevin Martin, urging him to place the full proposal on the record and seek public comment for at least two months. Additionally, they noted in an apparent attempt to wrest control from Martin, Congress is considering a bill for “comprehensive” USF reform and could pass legislation in the next session.

“While we share the commission's interest in making much-needed changes to the Universal Service Fund, elected and accountable representatives in Congress should properly design the reform,” Reps. Rick Boucher, D-Va., and Lee Terry, R-Neb, wrote. “With appropriate legislation, the commission will be equipped with the tools and guidance necessary to adopt regulations pursuant to the statutory reform that best serve the public interest."

Boucher and Terry serve on the House Energy & Commerce Committee, which oversees the FCC.

Spokesmen for the various groups asking for transparency said they just want to understand the proposed order’s impact.

“People are not seeking delay for the sake of delay,” said Tom Cohen, an attorney for Kelley Drye & Warren LLP.

Salmon agreed.

“We’re asking for nothing extravagant ... just to be able to participate in an open process,” he said.

For states, much of the concern lies in how the draft order would affect broadband rollout in high-cost, rural areas. Ray Baum, telecommunications committee chairman for the National Association of Regulatory Utility Commissioners, said the plan would exclude 50 percent of Americans from broadband if approved in its current form.

Price-capped, mid-size carriers also would take a hit, said Curt Stamp, president of the Independent Telephone and Telecommunications Alliance.

“The impact is between $2.4 billion and $3.8 billion over life of the plan,” Stamp said.

Other participants in Monday’s press conference included the National Association of State Utility Consumer Advocates, the Rural Cellular Association and the Broadband Service Providers Association.

So far the rallying cries for an extension on the ICC/USF vote haven’t appealed to Martin. He has given no indication that he’ll cave to the growing pressure. And if he doesn’t postpone next week’s planned action, proponents for another comment period don’t know how commissioners will vote, leaving the outcome completely unknown.

Share this article: Email, Slashdot, Digg, Del.icio.us, Yahoo!MyWeb, Windows Live Favorites, Furl
Add this article feed to: RSS, My Yahoo, Newsgator, Bloglines

Read Comments [1]