In order to comprehensively restructure and modernize the Lifeline program to efficiently and effectively connect low-income Americans to broadband, strengthen program oversight and administration, and take additional measures to eliminate waste, fraud, and abuse, the FCC will consider a Second Further Notice of Proposed Rulemaking, Order on Reconsideration, Second Report and Order, and Memorandum Opinion and Order. The Chairman is proposing a fundamental "reboot" of the Lifeline program to bring it into the 21st Century. For 30 years, Lifeline has helped tens of millions of Americans afford basic phone service. But as communications technologies and markets evolve, the Lifeline program also has to evolve to remain relevant and to make sure it is still performing the critical function for which it was formed.

The Chairman's lifeline proposal would:

• Move broadband into the program as a supported service for the first time.
• Establish minimum service standards for all Lifeline services, ensuring subscribers are getting a quality service and ratepayers are getting good value.
• Build on the Commission's landmark 2012 reforms to continue to ensure the program is efficient and effective.

The Open Meeting will begin at 10:30 a.m. at FCC headquarters in Washington, D.C. The meeting also will be shown live at FCC.gov/live.

On May 27, COMPTEL filed an ex parte letter, in which it further elaborates on the FCC's jurisdiction to address ILEC special construction practices for Ethernet services. The letter also discussed recurring issues that necessitate a near-term Commission response, which could occur through an enforcement advisory, declaratory ruling or new rule. To address unjustified, competition-impeding special construction practices, the letter urged the FCC to adopt COMPTEL's proposed policy principles regarding the application of special construction charges to reaffirm the basic law regarding special construction and ensure ILEC compliance with Sections 201 and 202.

Under COMPTEL's principles, ILECs could and should be able to continue to impose justified special construction charges. In particular, where a CLEC is ordering TDM- based or packet-based special access services, an ILEC would be permitted to impose special construction charges for network build-out where both of the following two conditions are met:

• Existing ILEC facilities, even with routine maintenance and conditioning, do not have capacity available at or above the level requested by the CLEC.
• The ILEC's special construction charges do not address costs of network delivery infrastructure that the ILEC will use for its own operations.

To ensure special construction charges do not cause significant delay in deployment of competitive services to customers, COMPTEL recommended that where these two conditions are met, the ILEC should be required to respond to the CLEC's request within five days with an explanation of the basis for its conclusions that special construction is needed (consistent with its tariff) and a detailed cost estimate for the special construction. Furthermore, the ILEC must agree to a reasonable number of audits per year to ensure that its no-use certifications remain valid.

The National Association of Regulatory Utility Commissioners (NARUC) will host its Summer Committee Meetings July 12-15 at the New York Marriott Marquis. COMPTEL is planning to host a Competitors' Reception at New York Marriott Marquis on Saturday, July 11. Please note that the Competitors' Reception is not sponsored by NARUC nor is it a part of the Annual Meeting agenda.

If your company would like to sponsor, or you have questions, please email Karen Reidy or call 202-296-6650.

All COMPTEL Committee meetings are held at the association's headquarters, 1200 G St NW, Suite 350, Washington, DC 20005, unless otherwise noted.  All times listed are Eastern. For more information, call 202-296-6650.

June 9             Regulatory/Legislative Committee Meeting 

2 p.m.              Contact Karen Reidy