HomeMy WebLinkAboutPUC Comments 121996.docBEFORE THE FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, D.C. 20554
IN THE MATTER OF THE FEDERAL-STATE JOINT BOARD ON UNIVERSAL SERVICE )
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CC DOCKET NO. 96-45
FCC NO. 96-93
COMMENTS OF THE IDAHO PUBLIC UTILITIES COMMISSION
On November 7, 1996, the Federal-State Joint Board adopted a Recommended Decision on Universal Service, as required by Section 254 of the Telecommunications Act of 1996. On November 18, 1996, the Federal Communications Commission (FCC) issued a request for comment on that Recommendation.
The Idaho Public Utilities Commission (IPUC) submits these additional comments in response to the Common Carrier Bureaus request for comment on Universal Service Recommended Decision. The IPUC previously submitted comments in this case in April, 1996.
Adoption of Comments by the State of Utah Public Service Commission dated December 13, 1996.
The Utah Public Service Commission filed comments in this docket dated December 13, 1996. The IPUC specifically adopts the analysis and comments of the Utah Public Service Commission on the question of whether a uniform charge to support the Universal Service Fund (USF) should be based on the interstate revenues of interstate carriers or on the combined total interstate and intrastate revenues of such carriers. It is the position of the IPUC that the interstate USF, including the charges to support schools, libraries, and rural health care providers, be funded strictly through a charge on interstate revenues only.
The IPUC agrees with the position of the Utah Public Service Commission that it is beyond the legal jurisdiction of the FCC to include intrastate revenues in the determination of contributions to the Federal USF. The Telecommunications Act of 1996 does not authorize the FCC to base charges on intrastate revenues. Additionally, the regulation of intrastate services is granted to the individual states under section 2(b) of the Communication Act of 1934. Section 2(b) is still in effect.
Section 254(b) of the Telecommunications Act only authorizes the FCC to require only interstate carriers to contribute to the Federal USF. The Joint Board on Universal Service recommended that any carrier that provides cellular telephone and paging, mobile radio, operator services, PCX, access (including SLCs), alternative access and special access, packet switched, watts, toll free, 900, MTS, private line, telex, telegraph, video, satellite, international/foreign, intralata, and resell services should be considered an interstate provider for the purposes of contributions to the Federal USF. This broad definition, which would include virtually all telecommunications providers, would render meaningless the term interstate in section 254(d). Instead, congress specifically stated that carriers that provide interstate telecommunications services shall contribute to the Federal USF in Section 254(d). The Joint Boards recommendation of an interstate provider is overly broad and inappropriate.
The IPUC respectfully request that the FCC reject a proposal to include revenues from intrastate services in the calculation of Federal USF support and rely only upon interstate revenue sources.
Dated this day of December, 1996.
Donald L. Howell, II
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IPUC COMMENTS
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