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.
FCC CAF Funding in New York
The FCC is seeking comment on a petition filed by the State of New York requesting an “expeditious” waiver of its Connect America Fund (CAF) Phase II auction rules. Specifically, New York is asking that the FCC waive its Phase II auction rules to make available to the State of New York for use in its own auction the amount of Phase II model-based support (approximately $170.4 million) that Verizon declined in the state. New York said it must soon auction the same territories that the CAF Phase II reverse auction will cover. Grant of the requested waiver would allow New York to coordinate allocation of the CAF funding with its own broadband auction, resulting in significant benefits to New York consumers. New York said that its allocation of CAF funds will be undertaken in accordance with key FCC requirements and would not impose any additional financial burdens on the CAF. Comments are due October 24, 2016; reply comments are due October 31, 2016. Read the New York petition here.
Arkansas Pole Attachment
The PSC has denied petitions for rehearing of the pole attachment rules it adopted in June 2016. TMI Briefing Service subscribers see Briefing dated 7/1/16. The petition was filed by the CenturyLink companies, E. Ritter Communications, Rice Belt Telephone Company, South Arkansas Telephone Company, AT&T, Windstream, and Yelcot Telephone Company (TelCos) and the Arkansas Cable Telecommunications Association (ACTA). The Order details each issue raised for reconsideration and the PSC’s reason for denial. The TelCos and ACTA issues were: (1) a request to introduce additional evidence; (2) operational issues on overlashing, reservation of space, and inspections and audits; (3) rate issues concerning the primary pole purpose, effective ratemaking and the presumed number of attachers, and safety space; (4) compliance with Ark. Code Ann. §§ 23-4-1003(b)(2) and 23-17-411(c); and (5) the Financial Impact Statement. Click here for the PSC’s full Order.
