INCOMPAS News -- June 10, 2024

Vol. 20, No. 24

June 10, 2024

INCOMPAS Files Comments

to Encourage Competition

in the Communications Marketplace Report

Congress requires that the Federal Communications Commission (FCC) assess the state of competition every other year in a Communications Marketplace Report. INCOMPAS filed comments to provide the FCC with information to enable and promote competition in the communications marketplace. The following is a statement from INCOMPAS President Angie Kronenberg.

"Competition in the marketplace is the leading driver for affordability, innovation, speed, and better customer service. In this year’s Communications Marketplace Report proceeding at the FCC, we thank the Commission for all its good work in continuing to assess and promote competition, and provide comments on several issues to ensure competition is ingrained in every single aspect of the Commission’s work from examining competition in the broadband marketand impediments to deployment, to understanding how competitive providers are using artificial intelligence (AI) to improve network operations for customers, to voicing our concerns that the voice service and messaging markets have seen a rise in anticompetitive and discriminatory behavior. Our members are at the forefront of helping Americans get better, faster, and more affordable internet and voice service and online content and we believe by addressing these important issues that they will be able to continue to thrive in a competitive marketplace.

“INCOMPAS urges the Commission to consider and adopt the recommendations in our comments as it considers the best method to assess the state of competition in various markets. Now, more than ever, Americans want access to faster, more robust, and more resilient broadband networks of the future and the online content, such as streaming, that is driving more investment in the networks and providing more content and choice for consumers. We believe competition is the driving force to achieve those goals and look forward to continuing to work with the Commission on these important issues."

June 26 Webinar to Focus on TDM Unpredictability and IP Transition

Within the last two years, TDM-based networks have become very unpredictable. Costs are continuing to skyrocket, the technology is not keeping pace with regulatory demands and finding the right staff to manage legacy platforms is proving quite difficult.

Telecom providers increasingly recognize the benefits of transitioning to IP and the need to reduce operating costs, enhance network reliability, and support current and emerging end-user applications. Despite the clear and growing business case, many Tier-2 and Tier-3 telcos still do not understand the solutions needed to make the evolution successful.

Join us Wednesday, June 26 at 1 p.m ET for the webinar TDM Unpredictability and the Transition to IP: Why Having the Right Partner for Network Transformation Is Key.

TNS's Joe Dechant, vice president of Product Transformation, and Barry Metz, senior product manager, will discuss how the right partner can:

Enable carriers to transform their networks to IP, decommission expensive TDM circuits
Allow for more STIR/SHAKEN interconnects
Result in a predictable pricing model
Enhance their subscriber experience

Advance registration is required. If you're unable to attend the live event, please register so you can receive the link to watch the webinar on-demand at a later date.

Protecting Section 230 Now Available to Watch On Demand

At INCOMPAS, we fundamentally believe in the importance of a vibrant internet ecosystem where companies of all different sizes in multiple industries can compete by offering a diverse array of products and services to consumers. Section 230 is foundational to that principle.

If you were unable to make last week's webinar, Protecting Section 230 to Benefit the Entire Internet Ecosystem, here is a link to watch it on demand.

Our speakers Colin Crowell, managing partner of The Blue Owl Group, Katherine Klosek, director of Information Policy and Federal Relations at the Association of Research Libraries, Chip Pickering, CEO of INCOMPAS, and Kate Tummarello, executive director of Engine, discussed:

The genesis of Section 230
How it became the underpinning of the internet as we know it
Why protecting it is critical for the entire internet ecosystem

DC BLOX June 25 Webinar

Impact of Digital Infrastructure Investment on Future Economies

INCOMPAS member DC BLOX invites you to its insightful webinar, The Impact of Digital Infrastructure Investment on Future Economies, on June 25 at 1 p.m. ET.

In today's rapidly evolving landscape, the expansion of data centers across the globe is a crucial topic of discussion, particularly their increasing power demands. This panel discussion, moderated by Dan Thompson, principal research analyst for Datacenter Services & Infrastructure at 451 Research, will delve into the driving forces behind the growing need for digital infrastructure in nearly every region of the US.

Join them as they explore the significant value investments in new digital infrastructure bring to local communities, counties and states, with a special focus on the Southeast U.S. The panel will provide specific examples and insights into these investments' tangible benefits.

Speakers include:

Corey Lemming – Vice President, Advanced Technology, Evans General Contractors
Dan Golding – Chief Technology Officer and Partner, Appleby Strategy Group
Chris Gatch – Executive Vice President, Sales and Business Development, DC BLOX
Clark Gillespy – Principal, 2156 Consulting

Please register for the webinar by clicking the RSVP link below. Once registered, you will receive a confirmation email with details on how to join the session.

Take advantage of this opportunity to gain valuable insights from industry experts on the future of digital infrastructure investment and its impact on economies.

RSVP HERE

Unlock Savings Now for The 2024 INCOMPAS Show in Denver

The 2024 INCOMPAS Show is the key to growing your network and building your pipeline.

Join us October 20-22 in Denver, where you'll find key decision makers and top buyers in the communications that you need to meet.

Act Soon Before This Limited-Time Offer Ends

Unlock your savings now with early-bird discounts. Save $150 per person if you register before August 23, and save even more with our group discounts.

Once you register, you'll be able to secure a room at our host hotel, the Sheraton Denver Downtown to ensure ou're in the heart of the action. The online reservation link for our special room rate is only available in the registration confirmation email.

FCC Consumer Advisory Meeting Set for June 26

The FCC issued a public notice announcing the next meeting of the Consumer Advisory Committee (CAC) will be held on June 26, 2024, at 11 a.m. ET. At the meeting, CAC members are expected to: discuss current and emerging challenges and opportunities in artificial intelligence; receive updates from the working groups; and address any other topics relevant to the CAC’s work. The CAC meeting will be held remotely and can be watched live.

Kentucky PSC Adopts Emergency Pole Attachment Rules

The Kentucky Public Service Commission (PSC) said it had filed with the Legislative Research Commission emergency regulations on pole attachments in accordance with a new state law. The PSC said it planned to hold a public hearing on this emergency administrative regulation on July 30. In addition, written comments on the regulations are being accepted through July 31.

Earlier this year, Gov. Andy Beshear (D) signed into law a resolution directing the PSC to promulgate emergency administrative regulations on utility pole attachments for broadband service providers to address the “backlog of pole attachment requests and establish parameters for preventing delays and backlogs of requests in the future.”

The resolution (S.J.R. 175, Reg Sess.) directs the commission to promulgate emergency regulations that, at a minimum, must:

Remove any unreasonable utility pole attachment-related impediments to the deployment of broadband service
Establish parameters to expedite the processing of pole attachment requests for unserved and underserved areas of Kentucky in accordance with the BEAD [Broadband Equity, Access, and Deployment] Program and other government-funded initiatives
Reduce the backlog of utility pole attachment requests
Direct pole owning utilities to file tariffs conforming to the emergency regulations.

The amended rules would require, among other thing, a utility to complete a review of an application of 500 poles or less within 10 business days after receipt of the application. A utility may have an additional two business to complete its review for each 500-pole increment in an application.

The rules further require a utility and a new attacher to negotiate a special contract in good faith for the timing of all requests for attachment larger than the lesser of 3,000 poles or 3% of the utility’s poles in Kentucky, or upon receipt of three separate applications for averaging 1,000 poles or 3% of the utility’s poles in Kentucky for any three months over a five-month period. The contract, at a minimum, must include an agreement for a prepaid account from the new attacher to cover the cost of the request; direction from the new attacher regarding make-ready work that the utility can complete without further direction from the new attacher including the maximum cost per pole and the total cost for make-ready work for each project or line of each project. The contract should also include a prioritization of projects, contact information, and the timing of surveys and make-ready work.

N.Y. Senate Bill Requires Mapping of Cellular Service Advances

The New York State Senate voted unanimously to pass a bill directing the Public Service Commission (PSC) to review cellular service in the state. S.B. 6318A would enact the Cellular Mapping Act to require the PSC to study the coverage and reliability of cellphone service in the state and develop a plan to ensure reliable cell coverage for all New Yorkers.

The bill directs the commission to study call-completion rates, conduct download speed tests throughout the state, and create a comprehensive map of which areas are served, underserved, and unserved. In addition, the PSC would be directed to send its findings to the governor and Legislature and to “work with cellular service providers to prioritize access of coverage to communities that have been negatively impacted by the current lack of service.”

The bill has been referred to the Assembly Committee on Corporations, Authorities and Commissions.

Vermont Gov. Signs Bill to Modernize Telecom Taxes and Fees

Vermont Gov. Phil Scott (R) signed into law a bill to modernize the state's communications taxes and fees to be more competitively neutral and to provide a financial structure that “equitably and sustainably finances public benefits related to communications networks” in the state.

H.B. 657 repeals the 2.4% Universal Service Charge (USC) for landline, postpaid wireless, and interconnected voice-over-Internet protocol consumers and replace it with a $0.72 monthly charge per access line. Prepaid wireless services will continue to be assessed the 2.4% USC.

The new law further adds the 988 Suicide and Crisis Hotline to the list of programs funded through the Vermont Universal Service Fund (VUSF). Other programs that receive funds from the VUSF include the Connectivity Fund, the state Lifeline program, E911 services and telecommunications relay services.

The law further requests two studies that will assess how to tax communications property and charge for communications property that is placed in the state right of way (ROW). The Department of Taxes would be required to conduct a study, due January 15, 2025, that would make recommendations for an updated tax structure for communications property. The state Transportation Agency would be required to study access to and use of the state ROW by communications services providers.

The bill (H.B. 657, Gen. Sess.) was sponsored by Rep. Katherine Sims (D, District 67).

Missouri Bill to Prevent Taxation of Streaming Services Advances

A bill to clarify state law and prevent the taxing of streaming video services has been sent to Missouri Gov. Mike Parson (R) for his signature.

H.B. 2057 specifies that “video service” is the provision, by a video service provider, of video programming provided through wireline facilities. The definition includes “cable service” but doesn’t include any video programming “accessed via a service that enables users to access content, information, electronic mail, or other services offered over the Internet, including streaming content.”

The bill was sponsored by Rep. Ben Keathley (R, District 101).

New Laws Remove Barriers to High-Speed Internet in Colorado

More Colorado homes, businesses and schools will have high-speed internet thanks to four broadband bills recently signed by Gov. Jared Polis (D.):

H.B. 24-1336: Expands how the state can use broadband funding, allowing focus on middle-mile infrastructure, fiber networks and high-cost areas in Colorado. It also extends access to funding to local governments and non-profit organizations, helping to overcome barriers to connecting residents across the state.
H.B. 24-1234: The High-Cost Support Mechanism (HCSM) continues to be operated by the Public Utilities Commission (PUC) to provide financial aid for affordable and reliable telecommunication and broadband services in rural communities. Funding comes from a surcharge paid by telecommunications providers and is allocated through the HCSM. H.B. 24-1336 assigns the Colorado Broadband Office (CBO) to administer and distribute the HCSM grant funds.
H.B. 24-1334: Prohibits a property owner of a multi-unit building (e.g. a mobile home park or apartment building) from denying a broadband provider access to the property to install the necessary infrastructure to provide high-speed broadband service.
H.B. 24-1036: Continues the Rural Broadband Equipment Sales and Use Tax Refund. Broadband providers can receive a refund on state sales and use tax for property installed in a target area to provide broadband service. This initiative encourages infrastructure expansion in rural areas, benefiting rural providers and households.

The CBO, part of the Governor's Office of Information Technology, leads the state's efforts to meet the Governor's goal of connecting 99% of Colorado households by the end of 2027.

Senate Schedules Markup on Spectrum Authority, ACP Funding

Sen. Maria Cantwell (D-Wash.), chair of the Senate Committee on Commerce, Science and Transportation, will convene a full committee Executive Session on June 12, 2024, at 10 a.m. ET to consider S. 4207, Spectrum and National Security Act of 2024, which would:

Restore the FCC's spectrum auction authority
Provide $7 billion to continue the ACP program
Provide an additional $3 billion for "rip and replace" of Chinese equipment in rural telco networks
Make some spectrum available for shared and unlicensed use

FCC Opposes Appeal on E-Rate Support for School Bus WI-Fi

The FCC filed a brief with the U.S. Court of Appeals for the Fifth Circuit in a case appealing the FCC’s declaratory ruling clarifying the use of Wi-Fi on school buses is eligible for E-Rate funding. The FCC said petitioners did not file comments with the FCC on the proposal, nor raise their concerns in a petition for reconsideration or otherwise participate in the FCC’s proceedings. The FCC also said it has allowed E-Rate support for off-campus services since 2003.

INCOMPAS | www.incompas.org