NARUC Says New Separations Freeze Would Violate Law; Draft Eyes up to 15-Year Extension

Any FCC decision to extend a freeze on federal-state jurisdictional separations of telco costs and revenues without a joint board recommendation would violate "the plain text" of Communications Act Section 410(c), said NARUC General Counsel Brad Ramsay on meetings with an aide to Commissioner Jessica Rosenworcel and an Office of Intergovernmental Affairs staffer, posted in docket 80-286 Tuesday (here and here). A draft order would extend the freeze by up to 15 years, an official told us Wednesday. If "the first five year freeze is a change in the rules that requires a recommended decision, it is impossible to argue that extending the freeze by potentially 15 more years is not also a change -- and a very big change -- in rules," he wrote. "It is illogical on its face to suggest that eliminating a hard deadline that requires the FCC to focus on the freeze and associated separations issues that remain important to the states -- by pushing out the next potential deadline 15 years -- will spur the FCC or the Board to faster action." A commission spokesperson declined comment.