NARUC Urges FCC to Limit Separations Freeze Extension, Says Joint Board Action Needed

NARUC said the FCC should limit an extension of a jurisdictional separations freeze to no more than two years to allow further federal-state discussions. The group said an FCC proposal to extend the freeze of separations category and cost-allocation factors for up to 15 years (see 1807180059) would constitute a change in Part 36 rules. Communications Act Section 410(c) "does not permit the FCC to revise those procedures without first consulting with the federal-state joint board," NARUC replied, posted Tuesday in docket 80-286. It recognized most initial commenters favor an extension (see 1808280021). "But those that address the extension parrot the [Further] NPRM’s rationale with little or no amplification," NARUC said. "There is no evidence in those comments or in the record that can justify a lengthy freeze. Instead, all the comments provide strong record support for the opposite conclusion: that a Joint Board recommendation on the Part 36 rules is needed soon." The FCC in August solicited further comment from state commissions on its NPRMs regarding separations and rural business data services (see 1808200025). As of Wednesday, the only filings were NARUC's separations reply and a Sept. 5 letter from the Colorado Public Utilities Commission. "While we appreciate the direct outreach, there is no question that both rulemakings will require changes to the separations rules, as your letters concede," said CPUC commissioners, including Wendy Moser, a state joint board member who objected to the 15-year proposal (see 1807200018). "Yet in neither of the referenced proceedings, has the FCC sought the required Joint Board recommendation." FCC Commissioner and Joint Board Chairman Mike O'Rielly proposed the 15-year freeze extension (see 1802230019).