3201 Nygren Drive NW, P.O. Box 1144, Mandan, ND 58554
Telephone: 701-663-1099 * Fax: 701-663-0707
THE STATEWIDE BUZZER
VOLUME 18, NUMBER 1 JANUARY 16, 2001
| FCC
CHIEF ANNOUNCES RESIGNATION
|
Federal
Communications Commission Chairman William Kennard announced his resignation from the
agency effective next week. In a letter notifying President Clinton of his decision,
Kennard wrote, "I feel very privileged that I was able to serve as Chairman of the
FCC at a time when communications technologies are so dramatically changing the way the
American people live, work and learn." In a separate press release, The Aspen Institute announced that Kennard will become Senior Fellow of the institutes Communications and Society Program. The Communications and Society Program, one of 15 programs at the Institute, convenes non-partisan roundtable forums for leaders and experts in government, media and business to address policy challenges facing society around the world.
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| FCC RELEASES
NPRM ON MAG PLAN
|
Earlier this
month the Federal Communications Commission (FCC) released a Notice of Proposed Rulemaking
(NPRM) seeking comment on a petition for rulemaking submitted by the Multi-Association
Group (MAG). Warren Hight, CEO of Souris River Telecom and chairman of NTCAs
Industry Committee, has contributed extensively to the final product and is a spokesman
for the group. The MAG proposal seeks to reform interstate access and universal service support for incumbent local exchange carriers (LECs) subject to rate-of-return regulation. The proposal would be implemented over a five-year period beginning July 1, 2001. The MAG plan is, according to NECA, partially modeled on the CALLS plan adopted for price cap carriers. The MAG plan would increase the recovery of common line costs through flat, non-traffic sensitive charges. The plan also proposed to eliminate the current funding caps on high- cost loop support for rural carriers. Supporters of the MAG proposal believe that the plan would have many benefits, including a more efficient access rate structure, more explicit universal service support, and promote introduction of new technologies. MAG members include National Rural Telecom Association, National Telephone Cooperative Association, OPASTCO and United States Telecom Association.
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| WYOMING
AND NEBRASKA LEGISLATURES TO CONSIDER WIRELESS ACCESS TO STATE USF
|
Legislation has
been introduced in the State legislatures of Nebraska and Wyoming that would make wireless
carriers eligible to receive support from those States universal service funds,
according to NECA Washington Report. The legislation introduced in Nebraska (LB 839) would require wireless carriers to contribute to the State fund and would direct the State Public Utility Commission (PUC) to adopt rules allowing wireless carriers to receive high-cost State support. The bill introduced in Wyoming (HB) would require the Public Service Commission to develop a plan to disburse State universal service support payments to providers of flat-rated wireless local loop service.
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| FCC
RELEASES SUBSCRIBER REPORT
|
The Federal
Communications Commission (FCC) announced last month that the number of all households
with telephone service had dipped 0.2 percent, but that 94.4 percent of all homes had
telephones. The report found that subscribership for households with annual incomes below $5,000 was 79.2 percent, while the rate for households with incomes between $60,000 and $75,000 was 98.6 percent. The State of Mississippi had the lowest penetration rate, at 87.7 percent and Maine had the highest at 97.9 percent.
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| JOINT
BOARD ENDORSES RTF RECOMMENDATIONS
|
The
Federal-State Joint Board on Universal Service recently forwarded and endorsed the
recommendations of the Rural Task Force to the Federal Communications Commission (FCC).
The Joint Board forwarded the recommendations without amendments. In part, the Rural Task Force recommendations forwarded to the FCC include: A modified embedded cost mechanism for determining the size of the Federal universal service fund for rural carriers. The RTF chose this mechanism rather than a proxy model based upon forward-looking economic costs, which the FCC currently uses to distribute universal service funds to non- rural carriers. Flexible disaggregation zones to determine portability of per line support. A policy of "no barriers to advanced services" to ensure sufficient funds to build out broadband services in rural areas. An increase in current caps limiting high-cost loop support for rural carriers, as well as a "safety valve" mechanism to provide additional funding for high-cost areas and for non- rural exchanges acquired by rural carriers. A five year term for the proposed mechanism and a suggestion that the FCC develop a more permanent solution. The continuation of Long Term Support and Local Switching Support. Rural Task Force members represent rural telephone companies, CLECs, IXCs, wireless providers, consumer advocates and State and Federal government agencies.
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| KANSAS
INCUMBENTS SAY WESTERN WIRELESS SHOULD BE HELD TO SAME STANDARD
|
Independent
telephone companies in Kansas have asked the Federal Communications Commission (FCC) to
rule that the "wireless local loop service" offered by Western Wireless is
subject to the same regulatory and universal service requirements as those that apply to
incumbent wireline providers. The local exchange providers want Western Wireless to be
subject to the same regulations that apply to other local service telephone companies. Western Wireless says, as they do in North Dakota, that the services they offer fall under a Federal prohibition against State regulation of the rates and market entry of commercial mobile radio services (CMRS). In short, the cellular company says States cannot regulate cellular operations in any way. The cellular company relies, and has been quite successful, in citing Section 332(c) of the Federal Telecommunications Act of 1996. The Kansas telephone companies argue in their FCC petition that Western Wireless "basic universal service" is a "fixed" service rather than a "mobile" service and therefore should not qualify for the prohibition against State regulation. The incumbents say that Western Wireless equipment within a customers home is not "mobile" within the meaning of the Federal laws prohibition of State regulation over a wireless carrierss rates and market entry. Therefore, according to the incumbents, the FCC should declare that the local service being offered by Western Wireless is not "commercial mobile radio service."
|
| IOWA
GRANTS ETC STATUS FOR WESTERN WIRELESS
|
The Iowa
Utilities Board in December granted Western Wireless Eligible Telecommunications Carrier
(ETC) status for the purposes of receiving universal service support. The agency said the
wireless carrier met the requirements for designation for becoming a Eligible
Telecommunications Carrier and that no additional standards should be applied. In granting the company ETC status in Iowas rural areas, the Board said that the standard was met. The criteria for granting ETC status is does the wireless carrier: 1-Provide voice grade access to the public switched telephone network; 2-Provide unlimited local exchange service minutes free of charge; 3-Provide touchtone service; 4-Provide single-party service or its functional equivalent; 5-Provide access to operator services; 6-Provide access to emergency services; 7-Provide access to operator services; 8-Provide access to interexchange (long distance) services; 9-Provide access to directory assistance; and 10-Provide toll-limitation for qualifying low-income customers. Western Wireless told the agency that it would meet its universal service obligations by utilizing wireless local loop technology, which uses a wireless access unit at a customers home to send signals to a nearby cellular telephone tower. Although Qwest and the Iowa Telecommunications Association expressed concern that the petition from Western Wireless did not specify rates, terms and conditions or that they did not define their service territory and that there was no assurance they would serve as the carrier of last resort, the Iowa Utilities Board rejected all of their objections. The agency said Western Wireless was exempted by Federal law from the traditional requirements of a certificate of public convenience and necessity.
|
| COMPUTER
ACCESS ON INCREASE |
Americans
access to computers and the Internet has grown dramatically over the past 20 months with
computers in more than half of all households, according to the U.S. Department of
Commerce. The share of households with computers rose from 42.1 percent in December, 1998 to 51 percent in August of 2000. It is estimated that 53.7 million households now have computers. The number of homes with Internet access also soared, reaching 41.5 percent, up from just 26.2 percent in the previous 1999 survey.
|
| CLECS
LOCAL MARKET SHARE GREW IN 2000
|
The Federal
Communications Commission (FCC) reports that the share of the local market served by
competitive local exchange carriers (CLECs) grew from 4.4 percent to 6.7 percent in the
United States over the first six months of 2000 for a net increase of 4.4 million lines. Less than a third of the 12.7 million CLECs lines were provided by facilities-based carriers. About 5.7 million were resold incumbent services and another 4.6 million were unbundled local loops.
|
| RUS
AWARDS $18.7 MILLION IN DLT GRANTS
|
USDAs
Rural Utilities Service (RUS) has announced that it has awarded $18.7 million in grants to
promote the use of technology in education and medicine in rural areas, including $102,494
for the Stanley, North Dakota school district and $100,889 for a UND telemedicine project. The 84 grants will include $11.3 million for 49 distance learning projects encompassing over 300 educational facilities, which will enable students in rural school districts to participate in classes taught by instructors at distant locations, or to access information from libraries and other learning centers located far from their schools. Over $7 million will fund 35 telemedicine projects, involving nearly 200 medical institutions that will use new telecommunica- tions technology to help patients in isolated rural health clinics be examined, diagnosed and treated by doctors working in other medical centers.
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| CABLE
ASSOCIATION SAYS BROADBAND ROLLOUT ACCELERATING
|
A study funded
by the National Cable Television Association found that competition in delivering
high-speed Internet services in the nation is "intensifying" during 2000. The study found that U.S. cable television operators provided high-speed Internet service to 2.97 million customers as of September 30, an increase of 117 percent over the year-end 1999 figures. Digital subscriber line (DSL) services grew more rapidly, from 295,710 lines at the end of 1999 to 1.1 million on September 30, 2000.
|
| FCC
SETS RULES FOR NEW TELEPHONE NUMBERS
|
The Federal
Communications Commission has adopted a 60 percent "utilization threshold" for
telcos requesting new telephone numbers. In the future, carriers must demonstrate that
they have used up at least 60 percent of the numbers assigned to them before the North
American Numbering Plan Administrator (NANPA) will assign them additional numbers,
according to the Blooston Law Update. The threshold will rise gradually in 5 percent
increments as additional area codes are exhausted until reaching a 75 percent cap.
|
| USTA
CHIEF TO STEP DOWN
|
Roy Neel,
president and CEO of the United States Telecom Association (USTA) announced this week that
he would be leaving his position effective March 31, 2001. Neel had been on leave of
absence to work on Vice President Gores presidential campaign since September. Neel joined USTA in January 1994 after serving President Clinton as his White House Deputy Chief of Staff and Vice President Gores Chief of Staff. Neel said that although he is still working out his future, his plans involve helping Democrats run for the Senate and perhaps White House. Veteran Telecommunications lobbyist Gary Lytle, who took on the USTA presidency on an interim basis during Neels leave of absence will, according to the USTA press release, continue for the foreseeable future.
|
| FCCs
NESS GIVEN RECESS APPOINTMENT
|
President
Clinton gave Federal Communications Commission Commissioner Susan Ness a recess
appointment after the Senate adjourned last month without acting on his nomination of Ness
for another tern. Her term expired in June 1999, but Federal law permitted her to keep her
seat until the end of the 2000 session of Congress. The recess appointment allows Ness to stay at the agency until the 107th Congress recesses or until the Senate confirms a new presidential appointee.
|
| ACQUISITIONS
SET RECORD IN 2000
|
It was a record
breaking year for the acquisition of local exchange access lines as more than 1.84 million
lines changed hands in 24 deals during 2000, according to Capital Advisors. The total
value exceeded $6.2 billion. The 24 transactions is up 41 percent from the 17 sales of lines in 1999 and double the 12 deals in 1998. However, the number of lines that were sold was more than double that of 745,000 in 1999 and six times as many as the 282,000 lines that changed hands in 1998. The largest transaction to close during the year was Verizons purchase of former GTE properties in Minnesota, Arkansas, Iowa, Missouri, Wisconsin, New Mexico, Texas, Nebraska, Oklahoma and Illinois. Also closing during the year was Citizens $61 million purchase of Qwest lines in North Dakota and South Dakota.
|
| FCC
FINES AT&T FOR SLAMMING
|
The Federal
Communications Commission (FCC) fined AT&T $640,000 after receiving more than 1,000
complaints against the giant long distance company for slamming during the first nine
months of 2000. After reviewing the complaints, the agency narrowed its investigation to
12 specific complaints encompassing 14 violations, according to NTCAs Washington
Report. Among the violations were two attempts of forging customer authorizations. The FCC fined AT&T $40,000 for each slamming violations and $80,000 for each of the forging charges.
|
| NTCA
RELEASES RURAL BROADBAND STUDY
|
The National
Telephone Cooperative Association (NTCA) has released a study showing that 79 percent of
its membership will be providing some form, primarily DSL, of broadband telecommunications
service by the end of the year. Approximately 40 percent of the Associations
membership participated in the survey. Digital subscriber line (DSL) is the most common form of broadband offering, with 69 percent of the companies surveyed indicating they would provide DSL by the end of 2001. The Blooston, Mordkofsky, Jackson & Dickens law firm said that figure compared favorably with a recent study done by the National Exchange Carrier Association (NECA), which found that 65 percent of all rural access lines would be capable of supporting DSL transmission. Both studies noted that it will be extremely difficult to build- out DSL service to all rural telephone company subscribers, especially those more than 30,000 feet from the telephone companys central office. NTCA advocates removing the current FCC caps on universal service high cost support funds to ensure these facilities are built out to all customers.
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| NORTHWEST
COMMUNICATIONS CO-OP GIVES $80,000 TO AREA HIGH SCHOOLS
|
Northwest
Communications Cooperative (NCC) in Ray, N. Dak. announced late last month they were
giving $10,000 technology grants to each of the eight schools within their service
territory. The grant money is earmarked to purchase computer equipment, software and
peripherals to enhance the computer education and technical knowledge of the areas
high school students, according to the companys newsletter. Northwest Communications believes the grants are essential if there is to be a adequate workforce for the technical jobs available. Ken Lund, NCC manager, said, "In anticipation of the statewide high-speed network that will interconnect all schools and government offices, we want to do our part to help eliminate the perceived digital divide. Hopefully this will help each schools technology department provide the training needed by todays students."
|
| RED
RIVER AND DICKEY RURAL UPGRADE SCHOOL NETWORK
|
Dickey Rural
Telephone and Red River Rural Telephone have upgraded a 13 school consortiums
interactive television (ITV) system to deploy a digital, state-of-the-art automated
scheduling system, reports the Red River Receiver. The system is being used to offer
community education classes and allows schools the ability to offer a wider variety of
classes without transporting students or hiring additional teachers. The schools, known as the Greater Southeast ITV Consortium, are Fairmount, Hankinson, Lidgerwood, Richland County Area Vocational-Technical Center, Richland Public Schools, Wyndmere, Verona, Oakes, Sargent, Sargent Central, Milnor, Southeast Area Vocational- Technical Center in Oakes and North Dakota State College of Science in Wahpeton.
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| DATES
TO REMEMBER
|
Jan. 18:
NDATC Board of Directors Meeting Statewide Boardroom Mandan, N.D. Jan. 18: Feb. 4-8: Feb. 13-15: March 13: Mar. 15: Mar. 18-21: Mar. 28-30:
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