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.

US Congress

The Senate approved, by unanimous consent, HR 5111, which will outlaw the use of “gag clauses” in non-negotiable form contracts. Some businesses have attracted national scrutiny for using gag clauses to punish or silence honest criticism of products and services. The bill now goes to the President for his signature. Among other things, the bill makes a provision of a form contract void from the inception if it: prohibits or restricts an individual who is a party to such a contract from engaging in written, oral, or pictorial reviews, or other similar performance assessments or analyses of, including by electronic means, the goods, services, or conduct of a person that is also a party to the contract; or imposes penalties or fees against individuals who engage in such communications. A form contract is a contract with standardized terms: (1) used by a person in the course of selling or leasing the person's goods or services, and (2) imposed on an individual without a meaningful opportunity to negotiate the standardized terms. Enforcement authority is provided to the Federal Trade Commission (FTC) and states. The FTC must provide businesses with nonbinding best practices for compliance.

FCC Updated OCN List For Rural Call Completion Reporting

The FCC announced that NECA has released an updated list of rural and non-rural operating OCNs for the 2017 calendar year. The list is provided to facilitate compliance with the recordkeeping, retention, and reporting required by the FCC’s rural call completion rules. The FCC also reminded covered providers that Form 480 filings are due on a quarterly schedule on February 1, May 1, August 1, and November 1 of each year. Covered providers failing to timely submit the form may be subject to enforcement action. Absent exigent circumstances, the FCC will not consider incomplete filings as timely submitted.

Missouri

The PSC issued a press release addressing the AT&T Missouri Notice of Relinquishment of its ETC Designation and Notice of Withdrawal from State Lifeline and Disabled Programs effective July 5, 2017. Notification was sent to all ILECs, CLECs, and ETC in Missouri. Staff was directed to file a recommendation regarding AT&T’s filing by December 9, 2016. AT&T said it will continue to offer and provide service in its Missouri service territory but it will no longer provide discounts under the federal and state Lifeline Programs and the state Disabled Program.

Washington

The Utilities Commission’s Advisory Board for the State Universal Communications Service Program will hold its annual public board meeting on December 16, 2016. The agenda (including Year 3, 2016 Activity and Year 4, 2017 Anticipated Activity) and meeting details are available on the Commission’s website at www.utc.wa.gov by searching Docket 150067. Questions regarding the advisory board meeting may be addressed to Roger Hahn, at rhahn@utc.wa.gov or by calling 360-664-1295.