NTCA asked FCC Wireline Bureau staff to issue another waiver of the budget control mechanism for rural cost-based Connect America Fund broadband loop support and high-cost loop support recipients, said an ex parte posted Monday in docket 10-90 (see 2106030084). It "has become clear in recent years that a mix of increased investment and greater customer adoption of standalone broadband services has led to demand for support in excess of what was projected four years ago," the group said. NTCA said the "recurring budget control issues should prompt a more comprehensive review and resolution" and recommended opening a rulemaking to "consider enhancement and extension of [Alternative Connect America Cost Model (ACAM)] support." The rulemaking should address issues flagged in 2018 by the FCC and "ensure proper coordination and thoughtful consideration of whether any decisions made with respect to ACAM reform could have precedential impact on the CAF-BLS and HCLS mechanisms," it said.

The 120-day initial review period for Apollo's purchase of Lumen's ILEC assets began Monday, said the Committee for the Assessment of Foreign Participation in the U.S. Telecom Services Sector in a filing in docket 21-350. The FCC "will be notified promptly" if a 90-day secondary assessment is needed. The deal is awaiting approval from the FCC, New Jersey and Virginia. A Pennsylvania Public Utility Commission administrative law judge recommended approval in March (see 2203300029).

The FCC's new rates for accessing the reassigned numbers database are effective April 27, said a news release Friday. The agency previously announced guidance on eligibility for a safe harbor from Telephone Consumer Protection Act liability (see 2204070069).

The FCC Consumer and Governmental Affairs Bureau said Thursday that callers may be eligible for a safe harbor from Telephone Consumer Protection Act liability "when an authorized agent queries the [reassigned numbers] database on their behalf," said a public notice in docket 17-59. The bureau said callers must provide proof that the "most recent version of the database was queried and it returned an erroneous response," and "be prepared to prove that it authorized the agent to query the database on its behalf prior to making the calls at issue."

The FCC Wireline Bureau granted two requests and denied one request to waive Connect America Fund broadband loop support and alternative connect America model II support pretesting requirements, said an order Wednesday in docket 10-90. Castleberry Telephone was granted a waiver for the first two quarters of 2022, citing its "reasonable attempt to complete the required testing on a timely basis." The bureau also granted in part Ringsted Telephone's request to waive testing requirements for the first two quarters, denying the company's request to waive pretesting during the third quarter. It denied Venus Telephone's request for a waiver of pretesting during the first quarter of 2022, saying the company "does not state or provide evidence that it ordered equipment for speed and latency testing in preparation for pre-testing" and "waited until the first quarter of 2022 when pre-testing should already have started." It's "imperative" that carriers "continue to put testing capabilities into place, so that they are able to correctly perform the necessary testing in 2023," the order said.

Broadband VI asked the FCC to establish a "formal process" for eligible telecom carriers receiving funding for at least one high-cost USF program to "seek additional funding due to unanticipated increased expenses" caused by the COVID-19 pandemic, inflation or supply chain issues, in comments posted Tuesday in docket 18-143 on Viya's request to extend its legacy high-cost funding (see 2203030071). Broadband VI didn't take a position on Viya's request, although it "does concur with Viya that unanticipated, extraordinary inflationary pressures ... have imposed unexpected and unplanned-for costs on entities providing and developing broadband service in the U.S. Virgin Islands."

Windstream agreed to pay $1.2 million and entered into a consent decree after an investigation into whether the provider violated FCC rural healthcare program rules on the determination of rural rates for services provided from FY 2017 through FY 2020, said an Enforcement Bureau order Tuesday. The settlement includes about $1 million in repayment to the Universal Service Fund and a $200,000 fine. Windstream "failed to use any of the three rate-setting methods available to service providers" and "has not been able to provide the commission with documents sufficient to demonstrate the processes used to set its rural rates," the order said. Windstream agreed to implement "enhanced compliance measures" as part of its participation in the program. “To facilitate the proper distribution of funds for these limited and invaluable resources, we vigorously pursue violations of the commission’s rural healthcare rules to ensure that funds designated for rural areas and health care providers are available to program participants with no entity receiving an improper or disproportionate share,” said acting Enforcement Bureau Chief Loyaan Egal. Windstream is "pleased that this matter has concluded," emailed a spokesperson.

Funds for Learning told FCC Wireline Bureau staff that the E-rate competitive bidding framework "is healthy and should not be changed," said an ex parte letter posted Monday in docket 21-455. The agency's NPRM proposing to establish a centralized online bidding portal "would conflict with state and local procurement regulations," the group said, citing the agency's "poor track record of creating effective online tools for applicants" (see 2112140062). The FCC should "continue to rely on local procurement officials to conduct local procurement," Funds for Learning said, saying the Universal Service Administrative Co. "has no experience managing procurement for school and library systems."

FCC rules on the third Emergency Connectivity Fund application filing window are effective Monday, said a notice for that day's Federal Register. The Wireline Bureau plans to award at least $1 billion during this round (see 2203230042).

The FCC Wireline Bureau granted Consolidated Communications' 2019 petition to waive the all-or-nothing rule so its price cap local exchange carriers can "continue operating affiliated study areas subject to rate-of-return regulation," said an order Friday in docket 19-275. The retroactive waiver dates back to "the effective dates of the internal reorganization," the order said. The bureau also granted limited waivers of the commission's transition, tariffing and access charge rules. "Without these waivers, petitioners would be unable to benefit from our waiver of the all-or-nothing rule" because its rate-of-return affiliates "ceased to exist as separate corporate entities," the order said.