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 Slamming Consent Decree
The FCC entered into a Consent Decree with Roman LD, Inc. to resolve an investigation into whether it changes customers’ long distance carriers without authorization and failed to seek FCC approval before transferring control of the company. To settle the matter, Roman admitted making misrepresentations to consumers, fabricating verification recordings, engaging in slamming, and unlawfully transferring control of the Company. It agreed to implement a compliance plan and pay a $240,000 civil penalty. In the event of default, the Consent Decree requires it to pay an additional civil penalty in the amount of $5,900,000, less any amounts previously paid. Upon default, Roman and the new owner will be jointly and severally liable for the civil penalty and additional civil penalty. The Compliance Plan includes a requirement that customers complaining about slamming or unauthorized billing be contacted within 24 hours and assisted in re-establishing service with the preferred carrier. Other provisions address removal of charges and refund of carrier change charges.
States Open Proceedings for FCC Lifeline Order
The states listed below have opened proceedings to review Lifeline rules in light of the FCC’s April 2016 order and changes to eligibility criteria, record retention requirements, re-certification rules, and de-enrollment rules which become effective December 2, 2016. (TMI Briefing Service subscribers see FCC Briefings dated 5/9/16 and 10/6/16.)
California, Kansas, Kentucky, Nebraska, Nevada, Missouri, Oregon, and the District of Columbia.
The FCC’s Order: (1) adopts minimum service standards for fixed and mobile voice and broadband Lifeline offerings; (2) phases out support for stand-alone Lifeline voice service over a two-year period starting December 2019; (3) creates a new, federal Lifeline Broadband Provider designation process; and (4) establishes a national verifier to make the eligibility determination for all Lifeline customers.
California Transfer of Control
The PUC rescheduled a Prehearing Conference (PHC) in its review of the application of Webpass and Google Fiber for approval of a transfer of control of Webpass from November 1 to November 30. See the Regulatory Mix dated 10/18/16. The parties are directed to jointly file a PHC statement on or before November 21, 2016. The purpose of the PHC shall be to: (1) establish the permanent service list; 2) determine the scope of the proceeding and identify the issues to be included in the scoping memo; 3) discuss the categorization of this proceeding and need for hearing; 4) discuss the schedule for this proceeding; and (5) discuss any additional procedural matters relevant to this proceeding.
