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Universal Service Reform Gets Bipartisan and Industry Support

WASHINGTON, September 16, 2010 – The Universal Service Fund is clearly in need of reform but rather than fully overhaul the program, Reps. Rick Boucher, D-Va., and Lee Terry, R-Neb., have introduced a bill targeting the high cost fund, the method of fund collection and the inclusion of funds for the support of broadband.

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WASHINGTON, September 16, 2010 – The Universal Service Fund is in need of reform but rather than fully overhaul the program, Reps. Rick Boucher, D-Va., and Lee Terry, R-Neb., have introduced a bill targeting the high cost fund, the method of fund collection and the inclusion of funds for the support of broadband.

H.R. 5828, the Universal Service Reform Act, has received support from a broad range of stakeholders including Verizon, the National Cable and Telecommunications Association and the National Telecommunications Cooperative Association.

“The bill modernizes a program that ensures the availability of communications connections to millions of Americans, benefiting not just the rural residents who live in high-cost areas, but benefiting the entire nation. We are a stronger nation when we are all connected through telecommunications,” said Boucher, who represents a rural district, at a Thursday Hill hearing discussing the fund.

The committee recognizes that while the inclusion of broadband in the fund is important, the rising cost to consumers is also a problem. To solve this issue, the bill mandates that USF taxes be applied to broadband providers in addition to telephone providers. In addition, rather than assess a tax based on revenue, the bill requires a flat amount based upon the total phone numbers issued.

This new inclusion of a tax based upon phone numbers does pose challenges. Rep Mike Doyle, D-Pa., raised the question of how devices which provide access to the internet such as the Amazon Kindle, will be taxed. The Kindle uses a whisper net provided by Sprint to connect to the internet. In counterpoint, the Sony eBook reader requires users to connect via a Wi-Fi network and would not be taxed.

The bill does however allow for exclusions or discounts for entities which use bulk numbers such as universities or large corporations.

The inclusion of broadband received broad support from the committee members along with the Federal Communications Commission. In a statement, Carol Mattey, deputy chief of the Wireline Competition Bureau, said: “The current system, which wasn’t designed to explicitly support broadband, is not working for everyone. While consumers in some places in rural America have access to some of the best broadband networks in the country, others don’t have access to broadband at all, even though they are served by providers eligible for universal service support. While many speak of an urban/rural divide for broadband service, the more troubling trend is a rural/rural divide that reflects the antiquated structure and incentives of our current high cost program.”

“Universal service support is now the only remaining potential source of funding for broadband deployment to unserved and underserved areas,” said Qwest Senior Vice President Robert Davis. “Qwest thus supports the bill’s explicit authorization of universal service support for the provision, maintenance and upgrading of high-speed broadband service.”

A major criticism of the high cost fund is that often times in areas of support there are double the number of providers than in competitive areas. This occurs since all the providers in a high cost area are given some level of support. The bill would limit the number of support recipients to two per region. Additionally, these providers would also be required to provide broadband along with telephone service.

The bill also tackles the issue of intercarrier compensation by forcing all carriers to identify all traffic which originates on their networks and determine where it terminates.

Verizon’s Kathleen Grillo said: “It is not possible to maintain the current intercarrier compensation system in today’s communications market. The current system is based on the idea that there are meaningful distinctions between interstate and intrastate services and between telecommunications and information services. The result of these distinctions is the current patchwork of vastly different charges and rates for communications traffic depending on what the traffic is, where it came from, and where it is going. In a market where most consumers now purchase a bundle of any-distance services (such as phone, TV, and Internet access), these distinctions are meaningless. And even in situations where it is still possible to measure traffic in these ways, continuing to do that just for intercarrier compensation purposes does not make sense. All of these complications and uncertainty reduce investment in broadband.”

Rahul Gaitonde has been writing for BroadbandBreakfast.com since the fall of 2009, and in May of 2010 he became Deputy Editor. He was a fellow at George Mason University’s Long Term Governance Project, a researcher at the International Center for Applied Studies in Information Technology and worked at the National Telecommunications and Information Administration. He holds a Masters of Public Policy from George Mason University, where his research focused on the economic and social benefits of broadband expansion. He has written extensively about Universal Service Fund reform, the Broadband Technology Opportunities Program and the Broadband Data Improvement Act

Broadband's Impact

FCC Inspector General Suspects Providers of Improperly Taking Subsidies

The agency’s Office of the Inspector General said providers were still paid for un-enrolled subscribers.

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Photo of the FCC's headquarters at 45 L Street NE from the Smith Group.

WASHINGTON, October 2, 2023 – Dozens of mobile broadband providers are likely not complying with federal subsidy rules, the Federal Communications Commission inspector general said in a report on Friday.

The Affordable Connectivity Program provides about 20 million low-income households a $30 monthly internet discount. That money is paid by the government to providers giving those households broadband service.

When customers receiving ACP discounts stop using a provider’s broadband service, the provider is required to report that to the FCC so money is only disbursed for active users. Typically, anywhere from a third to one half of an ACP provider’s subscribers will be de-enrolled each month, according to the report from the Office of the Inspector General.

But the OIG said that it found “dozens” of providers report few, if any, of these lost customers, making it likely the providers are taking government subsidies for broadband service they are not providing. It did not name the providers.

“We strongly suspect [the unnamed providers] are not complying with program usage and related de-enrollment rules,” the OIG wrote.

One company repaid the commission almost $50 million after being approached by the OIG. That’s one third of all ACP subsidies the provider received from June 2021 to July 2022.

The OIG released data from five of the suspect providers showing they failed to de-enroll more than three percent of their monthly subscribers, making them and similar providers outliers among ACP providers. One provider had over 1 million subscribers.

The office said in its report that it has gathered additional evidence of the same providers taking ACP money for subscribers who are not using their service. Those investigations are ongoing.

In 2021, the OIG found similar abuses in the Emergency Broadband Benefit program, a predecessor to the ACP. The office again found dozens of providers reporting more households with dependent children than existed in several school districts.

In response to the report, the FCC released a public notice directing the Universal Service Administrative Company, the arm of the agency responsible for administering the ACP and other broadband subsidy programs, to strengthen its monitoring around de-enrollment and other requirements.

The ACP, a $14 billion fund set aside by the Infrastructure, Investment and Jobs Act, is set to dry up in April 2024. There have been repeated calls for Congress to renew the program.

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Broadband's Impact

Mississippi Nonprofit is Looking to Fill Gaps in Affordable Connectivity

The nonprofit Connect and Literacy Fund is planning to increase ACP adoption in Mississippi.

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Screenshot of the event on Wednesday.

WASHINGTON, September 28, 2023 – A Mississippi nonprofit is setting up a fund to support connectivity and digital literacy in the state.

The Mississippi Broadband Association is looking to raise $10 million to start the fund, which MSBA Executive Director Quinn Jordan said is intended to ensure newly built broadband infrastructure stays affordable in the state.

“We can build these networks,” he said, speaking at a Fiber Broadband Association webinar on Wednesday, “But if we don’t get people connected, if they don’t have the literacy or capability to do so, what have we really done?”

The initiative, called the Connect and Literacy Fund, is planning to increase ACP adoption in Mississippi. Over 18 percent of the state lives below the poverty line, making them eligible for the $30 monthly internet discount, but less than half that number participate. The MSBA is planning to make ACP sign-up part of the registration process to participate in the fund’s programming.

That programming will focus on teaching people how to use internet services like telehealth and streaming and provide large discounts for tables and PCs. The ACP provides a $100 device subsidy, but this is rarely enough for low-income households to make a purchase, Jordan said.

Difficulty accessing affordable devices is contributing to the digital divide in Mississippi, according to Jordan. He pointed to the fact that over 40% of Mississippians do not have access to a tablet or computer.

“That is a huge number. And it’s a barrier to entry,” Jordan said. “The Connect and Literacy Fund is hopefully going to address that.”

Jordan said the $2.75 billion Digital Equity program, part of the Biden Administration’s Infrastructure, Investment and Jobs Act, will be beneficial, but MSBA’s Connect and Literacy Fund will have a role to play in ensuring the state builds on the gains it makes with the federal funds.

“That money is going to run out,” he said. “What we’re doing is ongoing.”

The ACP might also be short-lived. The $14 billion allocation from the Infrastructure Act is set to dry up in April of next year.

MSBA has spent the last two months developing its programing and is looking to start coordinating events with local anchor institutions in the coming months, Jordan said. 

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Broadband's Impact

Tech Trade Group Report Argues for USF Funding from Broadband Companies

Consulting firm Brattle Group said in a report the move would be economically sound.

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Screenshot of Chip Pickering, INCOMPAS CEO

WASHINGTON, September 19, 2023 – Tech company trade group INCOMPAS and consulting firm Brattle Group released on Tuesday a report arguing for adding broadband providers as contributors to the Universal Service Fund.

The USF spends roughly $8 billion each year to support four programs that provide internet subsidies to low-income households, health care providers, schools, and libraries. The money comes from a tax on voice service providers, causing lawmakers to look for alternative sources of funding as more Americans switch from phone lines to broadband services.

The Federal Communications Commission administers the fund through the Universal Service Administration Company, but has left it to Congress to make changes to the contribution pool.

The report argues that broadband providers should be one of those sources. It cites the fact that USF funds are largely used for broadband rather than voice services and that broadband adoption is increasing as phone line use decreases.

“The USF contribution base needs to change to account for the fact that connectivity implies not just voice telephone services, but predominantly broadband internet access,” the report says.

It also rebuts arguments for adding tech companies like INCOMPAS members Google and Amazon to the contribution pool, saying they represent a less stable source of income for the program and that added fees for services like streaming could affect . 

The report is the latest salvo in an ongoing dispute between tech companies and broadband providers over who should support the USF in the future, with broadband companies arguing big tech should be tapped for funding as they run businesses on the networks supported by the fund.

Sens. Ben Lujan, D-N.M., and John Thune, R-S.D. established in May a senate working group to explore potential reforms to the program. The group heard comments in August  from associations of tech and broadband companies, each outlining arguments for including the other industry in the USF contribution base.

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