Today: FCC's Clyburn on Lifeline Program, FCC Approves CenturyLink/Level 3 Transfer of Control, FCC Emergency E-Rate Assistance
FCC’s Clyburn On Lifeline Program Changes
With the FCC scheduled to consider changes to the Lifeline program at its November Open Meeting, See the Regulatory Mix dated 10/27/17, Commissioner Clyburn issued a statement expressing concern over the potential negative impact of such changes. She said, in part: “If the goal of the current FCC majority is to widen existing divides,and ensure that our nation's most vulnerable are less likely to be connected, this item sets us on that path. It will harm those less fortunate, those who need to dial 911, stay in touch with their children's educators, keep a job, and stay healthy. The day we head down such a path, is a sad one indeed. “I commit to doing everything in my power to ensure that the only universal service program designed to close the affordability gap, remains a shining and successful means for economically-strapped citizens to have voice and broadband services.”
FCC Approves CenturyLink/Level 3 Transfer of Control
The FCC approved the application to transfer of the various licenses and authorizations held by Level 3 to CenturyLink. The FCC identified ten locations (see Appendix B) where Level 3 and CenturyLink facilities overlap and where no competitive, fiber-based provider is located within even a mile. The FCC said that because Level 3 is the only fiber provider other than CenturyLink that directly connects to these ten locations and because competitive entry is unlikely, the transaction may lead to potential competitive harm to customers at these locations. To mitigate this possibility of competitive harm, the FCC conditioned approval of the applications on the combined company refraining from increasing rates for any service provided by CenturyLink or Level 3 at the ten locations for five years following the closing date of the Transaction. The condition extends to both new and existing customers at those locations. For so long as the condition applies, CenturyLink must certify each year that it has not increased the prices for any service offered at the ten identified locations. The condition will cease to apply to a particular location: (1) if the merged company divests either CenturyLink's or Level 3’s legacy fiber facilities at that location, or (2) 30 days after CenturyLink notifies the Commission in writing that an additional unaffiliated competitive fiber provider has connected to that location.
FCC Emergency E-rate Assistance
The FCC adopted temporary rules to provide immediate relief to schools and libraries contending with the devastation caused by Hurricanes Harvey, Irma, and Maria. The temporary rules provide relief to two categories of applicants: (a) schools and libraries located in counties designated by FEMA as eligible for individual disaster assistance; and (b) schools that are incurring additional costs because their student counts have increased by 5% or more because they are serving displaced students. They make available targeted support to schools and libraries that are forced to rebuild facilities and replace equipment damaged by the Hurricanes, and provide increased flexibility for eligible services to be restored through service substitutions. The FCC also will make additional E-rate support available for schools that are incurring additional costs for eligible services, e.g., for increased bandwidth demand, because they are serving students that have been displaced by the storms, even though they may not be contending with substantial physical damage caused by the Hurricanes.
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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.
