FCC Gives State PUCs Until Sept. 10 to Comment on Separations Freeze, Rural BDS NPRMs

The FCC solicited further comment from state public utility commissions on two NPRMs that proposed (1) a 15-year extension in a jurisdictional separations freeze and (2) incentive-based regulation of business data services (BDS) offered by model-based, rate-of-return rural telcos. "In order that the Commission's decision in this proceeding be guided by the fullest possible record, we are providing each State commission with additional notice" regarding each rulemaking, said two Wireline Bureau letters (here, here) posted Monday in dockets 80-286 (on separations), and 17-144 (on rural BDS). The initial comment deadline on separations is Aug. 27, but state commissions were given until Sept. 10, the same day as the reply date. They also were given until Sept. 10 to weigh in on the rural BDS rulemaking even though that comment cycle already closed. The rural BDS NPRM includes proposed changes to separations category relationships for carriers that had opted to freeze those relationships, noted the bureau. Its letters cited a Communications Act Section 220(i) mandate. "I do not recall an FCC order making 220(i) inquiries related to anything but the Part 32 Uniform Systems of Accounts," said Colorado Public Utilities Commissioner Wendy Moser, a member of a federal-state joint board on separations, in a statement. "But I agree that 220(i) applies to Part 36 [separations] changes also and am pleased by the FCC’s recognition of the requirements of the statute. However, I remain concerned that the agency may be planning to ignore the specific mandate in 47 USC Section 410, which requires as a pre-requisite to the changes referenced in both letters, a referral to the Separations Joint Board."