NARUC Draft Resolutions Seek Federal-State Partnership on Telecom
State commissioners stressed the importance of federalism and state oversight in three telecom resolutions set for consideration this month at NARUC's winter meeting. NARUC released the proposed resolutions Tuesday. The Feb. 12-15 meeting in Washington will be the group's first since President Donald Trump took office and Ajit Pai became FCC chairman. The meeting will include a keynote by House Commerce Committee Chairman Greg Walden, R-Ore., and a congressional staff panel, said a recent agenda.
“Federalism is a perennial at the NARUC,” emailed Wilkinson Barker attorney Raymond Gifford, who works on telecom and energy issues and was chairman of the Colorado Public Utilities Commission from 1999 to 2003. The proposed resolutions may reflect an expected increase in receptivity of federal regulators to federalism-based arguments, he said. “In telecommunications, the federalism arguments have less purchase [compared with energy], but there does seem to be a modest revival in some of the resolutions we are seeing.”
Attendees likely will look for signals from federal speakers on how they will approach working with states, said National Regulatory Research Institute Principal Sherry Lichtenberg. NRRI is the research arm of NARUC. “We are strongly in favor of cooperative federalism so the states can continue to serve as the ‘cops on the beat’ to resolve issues regarding waste, fraud, and abuse,” she emailed. Last year, states sued the FCC over what they saw as inappropriate federal pre-emption on Lifeline (see 1701310007).
Two draft resolutions on telecom highlight the federal-state partnership described in the organization’s 2013 federalism white paper. “NARUC urges the FCC to act consistent with the principles of federalism endorsed there as it applies to the federal-State partnership underway to deploy broadband network facilities and service to all Americans under the USF/ICC [intercarrier compensation] Transformation Order generally and CAF [Connect America Fund] Phase II process in particular,” said one draft resolution. Sponsored by New York Public Service Commission member Gregg Sayre and Virgin Islands PSC Chairman Johann Clendenin, it applauded the FCC’s order last week granting a CAF Phase II waiver for New York State (see 1701270019) and urged the commission to relieve other states facing similar situations.
The FCC should respect federalism principles as it looks at a Mobilitie petition seeking federal pre-emption of state and local authority over rights of way, said a separate draft resolution by Clendenin. The FCC should honor the federal-state partnership in deploying wireless and wireline facilities, the resolution said. “NARUC opposes further efforts, by petitioners including but not limited to Mobilitie, to preempt the traditional authority of the State and local governments to replace intrastate regulation of Rights of Way, Pole Attachments, and other telecommunications facilities or services with comprehensive federal mandates imposed by the FCC.” The resolution would direct state commissioners and the NARUC general counsel to support federalism in the Mobilitie “and other proceedings where a federal agency seeks to supplant intrastate regulation of intrastate telecommunications with a comprehensive federal mandate unless there is clear federal statutory authority and a compelling need to act to rectify a substantial harm to interstate commerce or action is needed to ensure the inalienable civil liberties of Americans as a matter of constitutional law, precedent, and jurisprudence.” Comments are due March 8 on the Mobilitie petition at the FCC (see 1701120066).
“State Oversight Required,” declared the NARUC Telecommunications Act Modernization (TeAM) Task Force Sub-Group on Connectivity and Competition in a list of interconnection and competition policy principles endorsed by a third proposed resolution. The task force listed principles it said should be retained as policymakers seek to rewrite the Telecom Act. “States are best positioned to bring local resources and local knowledge to bear for efficient and rapid resolution of inter-carrier disputes and customer service complaints,” the TeAM principle said. “States can provide a rich source of knowledge and experience, valuable in the development of federal policy. A federal-State partnership is essential to the promotion of network ubiquity, network reliability, efficiency and service quality.”
Other TeAM principles endorsed by the draft resolution include requiring interconnection, spurring competition and ensuing high levels of communication quality, delivery, security and privacy. The task force also backed technology-neutral policies, universal service and oversight to reduce barriers to entry and stop discrimination. It said voice communication is unique and important. Florida PSC Commissioner Ronald Brisé sponsored the resolution.