Today:   FCC Announces Comment Cycle for International Reporting Proceeding, Massachusetts Approves 911 Budget, Pennsylvania Carriers Petition for Recon of DAS Order, Wyoming Non-Imparted Wire Center Application

FCC Announces Comment Cycle for International Reporting Proceeding

The FCC announced the dates for filing comments and reply comments in its proceeding proposing to eliminate some international services reporting requirements. Comments are due May 17, 2017; reply comments are due June 1, 2017.  The FCC is proposing to eliminate the annual Traffic and Revenue Report and streamline the annual Circuit Capacity Report. See the Regulatory Mix dated 3/24/17.  TMI Briefing Service subscribers see Briefing dated 3/29/17.

Massachusetts Approves 911 Budget

In January 2017 the State 911 Department petitioned the Department of Telecommunications and Cable (DTC) for approval of increases to certain budgetary items.  Specifically, the 911 Department requested approval for increases to its: (1) projected Fiscal Year (FY) 2017 expenditures from its FY2016 final expenditures; (2) FY2018 Development Grant amount; (3) Incentive Grant Regional Public Safety Answering Points (PSAPs) Serving Two Communities category allocation percentage amount for FY2018; and (4) Incentive Grant Regional Emergency Communication Center (RECC) category allocation percentage amount for FY2018.  After gathering data and conducting public and evidentiary hearings, the DTC concluded that the projected FY2017 expenditures are reasonable and approved the 911 Department request.

Pennsylvania Carriers Petition for Recon of DAS Order

Crown Castle and ExteNet Systems have each filed a Petition For Reconsideration of the PUC’s order regarding certification of distributed antennae system (DAS) providers and its interpretation of Sections 102(1)(vi) and 102(2)(iv) of the PA Public Utility Code.  TMI Briefing Service subscribers see Briefing dated 3/23/17. 

• Crown Castle asks that the PUC grant the Petitions by concluding that it and other similarly situated companies providing telecommunications service via DAS networks are public utilities that may properly hold certificates of public convenience. 
• ExteNet concludes that the “relevant inquiry is not whether a facility is utilized in the provision of CMRS, but rather whether the DAS operator is actually providing CMRS.  …  To the extent the Commission intended to make a finding that DAS operators provide CMRS, such a finding would be directly contrary to the FCC's regulations and is based on a faulty, piecemeal interpretation of the Comments filed in the proceeding rather than any substantive interpretation of relevant statutes.” 
• The Wireless Infrastructure Association filed a letter in support of the Petitions and agrees that the PUC’s order contains several errors of law and overlooks numerous factual and analytical considerations. 

Wyoming Non-Impaired Wire Center Application

The Wyoming PSC has established a new intervention date in connection with CenturyLink’s 2016 request to add the Cheyenne Main wire center to its list of non-impaired wire centers.  CenturyLink proposes to reclassify it has a Tier 1 wire center non-impaired for DS1 & DS3 transport and Dark Fiber.  Petitions to intervene are due by May 12, 2017.  The PSC is re-setting the intervention date because its original October 13, 2016, Notice was “not issued.”  TMI Briefing Service subscribers see Briefing dated 10/24/16.

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The Regulatory Mix, TMI’s daily blog of telecom related regulatory activities, is a snapshot of PUC, FCC, legislative, and occasionally court issues that our regulatory monitoring team uncovers each day. Depending on their significance, some items may be the subject of a TMI Briefing.

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