FCC Asks Court to Delay USF Challenge
Says it could narrow, resolve issues through petition to deny process
By John Eggerton -- Broadcasting & Cable, 6/25/2012 5:29:26 PM
The National Association of Regulatory Utility Commissioners and others who sued the FCC over the decision will oppose the FCC petition, said NARUC.
The FCC argues in its petition that the court should hold off since it is currently considering similar issues in petitions to reconsider its decision last fall to reform the fund and migrate support from traditional telephone to broadband. Those, says the FCC are "the sufficiency and scope of the agency's new universal service system" and "the reasonableness of the Commission's plan to reform its intercarrier compensation system."
The commission argues that letting it proceed first could narrow the scope of questions "because the reconsideration petitions currently pending before the FCC raise issues central to the case before this Court -- and because the issues raised on reconsideration substantially overlap with those raised in this litigation -- the Court should "hold the appeal in abeyance pending the Commission's further proceedings," the FCC told the Tenth Circuit Court of Appeals.
NARUC says it will fight vigorously for the case to proceed, saying that the FCC petitions would answer only a handful of the issues they raise in the suit.
The FCC doesn't know it Butt from its Elbow so to speak. Inter Carrier compensation should not have taken such a down turn and if they wanted to promote compensation the rates would reflect a more beneficial model to competition. The RBOC have had the luxury of Access rates and pricing that was staggering over the years and it funded their over priced networks and hindered competition. I feel that cLECs with Revenues of Under lets say 100 Million should be exempt as well as independent telephone companies, however, NECA rates should be modified. It's like taxes, Obama wants to increase taxes on families that make over 250K a year but the cost of living for a family of 4 in McClure Ohio is far less than Manhattan in New York City. One glove does not fit everyones hands. There needs to some kind of "Zone" and Revenue factor put in place. Also for these rates the smaller carrier must use that revenue for what it is intended for, and that is infrastructure that would feed competition. They don't know what they are doing, can anyone at the FCC even change a flate tire?
Paul - 6/28/2012 2:27:19 PM EDT
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