Electronic Comment Filing System

ECFS Filing Proceeding: 05-337
Name of Filer: Rural Cellular Association
Author: Rebecca Murphy Thompson
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Type of Filing: NOTICE OF EXPARTE
Exparte Presentation: YES
Date Received: 12/8/10
Date Posted: 12/9/10 8:29 AM
Address: 805 15th Street, NW Suite 401 Washington, DC 20005
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80515" Street NW, Suite 401 Washington, DC 20005 Office: (202) 449 -9866· Fax: (866) 436 -1080 The Voice of Rural & Regional Carriers December 8, 2010 YiaECFS Ms. Marlene H. Dortch Secretary Federal Communications Commission 445 12'h Street, SW Washington, DC 20554 Re: WC Docket No. 10-90; WC Docket No. 05-337 GN Docket No. 09-51 Dear Ms. Dortch: On December 7, 2010, RCA, including Steven Berry; Tim Donovan; Bob Koppel with Lukas, Nace, Gutierrez & Sachs; and the undersigned, and several of RCA's carrier and associate members, including Johnie Johnson and Brian Spurgeon, Nex-Tech Wireless; Gwen Donaldson, representative for Nex-Tech Wireless; Doug Minster, Atlantic Tele-Network; Chuck Willis, Bluegrass Cellular; Patrick Riordan, New Cell, Inc.; Ed King, Cellular Properties; Nash Neyland, Cavalier Wireless, LLC; and David Peters, Velleros; met with Angela Giancarlo to discuss implementation of the FCC's Universal Service Fund (USF) reform recommendations in the National Broadband Plan. At the meeting, RCA outlined its critical public policy objectives for Universal Service reform summarized in the attached document, copies of which were distributed during the meeting. In addition to RCA's public policy principles, RCA members discussed how they are currently using USF to deploy advanced services to rural and regional areas that, without support, would not be served today. RCA members personalized how the USF reform could impact their current and future business plans, and how phasing down USF support will negatively impact rural and regional carriers and the consumers they serve. RCA fully supports the FCC's goal, as outlined in the ational Broadband Plan, to accelerate investment in broadband infrastructure and make broadband services more accessible throughout the United States, particularly for people living in rural and insular, high-cost areas, tribal lands, and for low income Americans. Mobile broadband is a critical ingredient for improving and enhancing the lives of all Americans. Consumers are increasingly choosing wireless technology as their primary mode of communicationsl This choice must be reflected in the FCC's USF reform. A success-based funding model will ensure that funding is provided to those carriers that construct facilities and acquire customers, while providing cost-saving measures to decrease the size of the fund. 1 Tele<vmmuni'l1tions: Enham?d Data Colledion Could Help FCC Better Monitor Competition in the JWireless Indus/l)\ GAO, Report to Congressional Requesters; GAO-IO-779 Ouly 2010). This exparte notification is being ftled electronically with your office pursuant to Section 1.1206 of the Commission's Rules. Sincerely, Rebecca Murphy Thompson General Counsel cc: Angela Giancarlo RCA1 Public Policy Objectives for Universal Service Reform December 2010 USF Reform Generally ? Funding must be competitively and technologically neutral ? cannot favor or disadvantage any class of funding recipients or any type of technology used to provide service in rural and high-cost areas o Important for FCC to recognize ever expanding role of mobile wireless communications for both voice and broadband services square4 Consumers are increasingly choosing wireless as their primary mode of communications o Any phase-down of support must have equal transitions for wireline and wireless carriers square4 RCA opposes NBP proposal for 5 year phase-down of wireless voice support/10 year phase-down of wireline support square4 RCA supports 10 year phase-down of support for both ETCs and CETCs, with no flash cuts ? Funding must be provided on a highly disaggregated basis, and efficiently targeted to rural and high-cost areas where support is most needed o Support must be carefully targeted to areas where the business case for voice service or next generation technology does not exist without such support ? Funding must be success-based and forward-looking o Success-based: support should be tied to the customer not the carrier, and should shift with the customer if the customer switches carriers. ?Facilitate a market- based approach whereby each end-user comes to be served by the most efficient technology and carrier.? (Federal State Joint Board, First Report and Order, 1997) square4 Incents cost-effective deployment and service square4 Incents competition: lower rates and better service square4 Eliminates risk of significant USF growth o Forward-looking: level of support should be based on a forward-looking cost model. If necessary, different cost models could be established for wireline and wireless carriers. 1 RCA represents the interests of nearly 100 regional and rural wireless carriers with licenses covering more than 80 percent of the U.S. ? Reforming USF to accomplish ubiquitous broadband deployment must accomplish the statutory principle that services in rural areas should be reasonably comparable ? in both price and quality ? to services available in urban areas o RCA supports 4/1 speed as established in the National Broadband Plan ? USF should support the provision of advanced broadband and voice services in rural and high-cost areas o Transition away from legacy support must mirror industry conversion from voice to IP networks to avoid prematurely abandoning legacy voice networks o No phase-down of support until FCC implements an adequate replacement support mechanism Proposed Mobility Fund ? RCA supports FCC?s objectives to accelerate investment in broadband infrastructure and to make broadband more accessible in rural and high-cost areas ? Proposed Mobility Fund would not be an effective step toward USF reform o Single winner reverse auctions will not benefit consumers square4 Would establish a monopoly provider, and thus encourage poor service or high prices ? or require intensive government regulation to monitor service levels and pricing square4 Would encourage anti-competitive incentives to participate, including blocking support for competitors or off-setting contributions square4 Would favor larger carriers, and as proposed, could result in a single nationwide winner square4 Small geographic areas (census tracts) could result in an inconsistent checkerboard of service and technology, leaving unserved areas and dead spots o Proposed funding level is wholly insufficient, will provide only token assistance for broadband deployment, and will do so only on a one-time basis square4 Critical for funding to support not only capital expenses, but also operating expenses o Carriers already providing 3G in rural areas should not be penalized ? they should be eligible to participate so as to seek funding for 4G. ? Cost Model combined with success-based, portable funding is a better approach o Cap support at an appropriate level; do not limit the number of eligible service providers o Encourages competition and new competitive entry