May 12, 2015

Manchin and Capito Call on FCC to Modernize Rules to Support Rural Broadband Services

Washington, D.C. – Today, U.S. Senator Joe Manchin (D-WV), a member of the Senate Committee on Commerce, Science and Transportation, and Senator Shelley Moore Capito (R-WV), along with 59 of their Senate colleagues, sent a letter to Federal Communications Commission (FCC) Chairman Tom Wheeler calling for a modernization of Universal Service Fund (USF) rules to ensure that Americans in rural communities have access to affordable broadband services.

Under the current rules, Universal Service Fund (USF) support for broadband in rural areas is dependent on the requirement that customers also sign up for traditional landline phone service. When rural customers “cut the cord” of traditional phone service in favor of wireless or Internet-based phone services, rural communities served by smaller telecommunication providers lose access to USF support for broadband deployment, even if the customer continues to pay for broadband Internet service. The outdated rules create a needless link between customers signing up for services they may not want or need and broadband deployment.

“All West Virginians, including those who live in our remote communities, should have access to reliable and affordable broadband without the burden of having to pay for additional services that are unnecessary and outdated,” Senator Manchin said. “The current USF rules are truly hurting our rural customers by denying them the innovative options that are available to those living in urban areas. The time has come to take commonsense steps to update the rules.”

“Better connecting West Virginia and rural America through increased broadband access is one of my top priorities. High-speed internet access is a pillar of our 21st Century infrastructure and a gateway to economic growth.  Unfortunately, for all the potential opportunities that broadband can offer to rural America, not having this important service can place an almost insurmountable barrier to economic development. Outdated rules from the FCC are holding back states like West Virginia, but we can begin fixing this problem by modernizing USF rules to ensure rural consumers have access to broadband communications services at an affordable rate,” said Senator Capito.

The full letter is below:

Dear Chairman Wheeler:

On May 6, 2014, 44 Senators signed a bipartisan letter calling on the Federal Communications Commission (FCC) to move forward on tailored modifications to modernize the federal Universal Service Fund (USF) as it supports the delivery of communications services to consumers in high-cost portions of the United States served by small, rural rate-of-return-regulated local exchange carriers.  While we commend the FCC for its continuing efforts to implement a Connect America Fund for consumers in areas served by larger carriers, we are troubled that the FCC has yet to take meaningful steps to address one of the most problematic aspects of the existing USF rules in areas served by smaller carriers.
As you know, Americans are increasingly “cutting the cord” and dropping their traditional landline voice “plain old telephone service” (POTS) in favor of wireless or voice over Internet Protocol (VoIP) service.  Many of these consumers, however, still desire fixed broadband services that offer robust speeds – in fact, fixed broadband services are necessary for consumers to make effective use of VoIP service.
Unfortunately, the FCC’s USF rules have not kept pace with changing technology and shifting consumer preference.  Instead, out-of-date rules tie high-cost USF cost recovery for small rural carriers to a consumer’s actual purchase of voice service, even if the consumer no longer wants that service and only wants broadband service.  The POTS requirement prevents rural consumers from making choices that are available to their urban counterparts.  Ironically, these outdated rules may hurt lower-income rural consumers the most, possibly putting the price of broadband out of reach unless those consumers make the additional expenditures to buy POTS as well. 
A year after the previous letter, the time has come to take common-sense steps to update the rules.  While long-term options to modify USF support can and should be explored, as you’ve committed to doing via the Connect America Fund Further Notice of Proposed Rulemaking, the FCC must not leave consumers in the lurch given the substantial time needed to develop, evaluate, and implement such options.  No new models or sweeping changes are needed to adopt and implement a targeted update to fix the issue highlighted in this and last year’s letters – instead a simple plan that isolates and solves this specific issue is all that is needed right now.  In addition, we continue to support measures that ensure USF distributions are invested prudently and reasonably, which helps provide the credibility necessary for the FCC to fulfill its statutory mandate.
Small rural carriers have worked hard to provide innovative services to some of the most difficult-to-serve parts of our country.  However, without the update to the USF support rules described in this letter and in the letter last year, many rural consumers will continue to be denied a choice among these innovative services.  As the FCC continues to modernize USF to support broadband deployment, we must ensure rural consumers are not left behind by antiquated rules that inhibit investment, adoption, and consumer choice.  We therefore renew our call for the FCC to expeditiously make careful, targeted updates to the existing USF mechanisms to provide sufficient and predictable support so that consumers in areas served by smaller rural carriers can make the choice to obtain robust broadband services at affordable rates without being compelled to purchase other services.

Thank you for your consideration.  We look forward to continuing to work with you to update USF to ensure rural consumers receive reasonably comparable voice and broadband communications services of their choosing at reasonably comparable rates.

The sixty-one U.S. Senators who signed the letter are:

Sen. John Thune (R-S.D.)
Amy Klobuchar (D-Minn.)
Roger Wicker (R-Miss.)
Roy Blunt (R-Mo.)
Brian Schatz (D-Hawaii)
Maria Cantwell (D-Wash.)
Kelly Ayotte (R-N.H.)
Joe Manchin III (D-W.Va.)
Deb Fisher (R-Neb.)
Michael F. Bennet (D-Colo.)
Jerry Moran (R-Kans.)
Heidi Heitkamp (D-N.D.)
Dan Sullivan (R-Alaska)
Al Franken (D-Minn.)
Ron Johnson (R-Wisc.)
Ron Wyden (D-Ore.)
Cory Gardner (R-Colo.)
Jeanne Shaheen (D-N.H.)
Steve Daines (R-Mont.)
Angus S. King, Jr. (I-Maine)
Mitch McConnell (R-Ky.)
Richard J. Durbin (D-Ill.)
Tom Cotton (R-Ark.)
Tammy Baldwin (D-Wisc.)
Chuck Grassley (R-Iowa)
Joe Donnelly (D-Ind.)
Mike Rounds (R-S.D.)
Kirsten E. Gillibrand (D-N.Y.)
Pat Roberts (R-Kans.)
Jon Tester (D-Mont.)
John Barrasso (R-Wyo.)
Debbie Stabenow (D-Mich.)
Claire McCaskill (D-Mo.)
Jeff Merkley (D-Ore.)
John Boozman (R-Ark.)
Johnny Isakson (R-Ga.)
Mike Crapo (R-Idaho)
Shelley Moore Capito (R-W.Va.)
Thom Tillis (R-N.C.)
Dan Coats (R-Ind.)
Bill Cassidy (R-La.)
John Hoeven (R-N.D.)
Mike Enzi (R-Wyo.)
James E. Risch (R-Idaho)
Orrin G. Hatch (R-Utah)
Joni Ernst (R-Iowa)
Tim Scott (R-S.C.)
Lindsey Graham (R-S.C.)
Richard Burr (R-N.C.)
Rob Portman (R-Ohio)
James M. Inhofe (R-Okla.)
Lisa Murkowski (R-Alaska)
Lamar Alexander (R-Tenn.)
David Vitter (R-La.)
Bob Corker (R-Tenn.)
Susan Collins (R-Maine)
John Cornyn (R-Tex.)
Patty Murray (D-Wash.)
Gary Peters (D-Mich.)
Dean Heller (R-Nev.)
Tim Kaine (D-Va.)