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The Telecom Digest
Friday, June 9, 2023

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Copyright © 2023 E. William Horne. All Rights Reserved.
Volume 42 Table of Contents Issue 160
FCC Abandons 2015 Forfeiture Policy Statement In Favor Of Case-By-Case Approach
FCC Assures State Lawmakers Of Commitment To Pole Attachment Rules Promoting Broadband Deployment And Competition
CWA Bargaining Update -- Frontier West Virginia
Message-ID: <20230607171128.GA485307@telecomdigest.us> Date: 7 Jun 2023 13:11:28 -0400 From: "The Telecom Digest" <digest-replies@telecom-digest.org> Subject: FCC Abandons 2015 Forfeiture Policy Statement In Favor Of Case-By-Case Approach by Chip Yorkgitis While no one is likely to bemoan the Federal Communications Commission's May 30, 2023, Memorandum Opinion and Order (MO&O) to vacate the 2015 Forfeiture Policy Statement that had adopted a methodology of treble damages for violations of rules requiring payments to the Federal Universal Service Fund (USF), other funds applicable to common carriers, annual FCC regulatory fees, some semblance of certainty of maximum penalties may have been lost. The Commission going forward will apply its discretion to determine forfeitures based on a review of statutory and rule-based factors, the Commission's 1997 Forfeiture Guidelines, and "the individualized circumstances of each future adjudication." In effect, this is what the FCC has been doing since it, according to the MO&O, has not actually applied the "treble damages" limit in the past eight years in any adjudication. https://www.mondaq.com/article/news/1325052?q=1803232&n=810&tp=2&tlk=2&lk=35
Message-ID: <20230607174007.GA485452@telecomdigest.us> Date: 7 Jun 2023 13:40:07 -0400 From: "The Telecom Digest" <digest-replies@telecom-digest.org> Subject: FCC Assures State Lawmakers Of Commitment To Pole Attachment Rules Promoting Broadband Deployment And Competition by Dave Thomas , Abraham J. Shanedling and Tom Reklaitis Who knew that state sovereignty and urging states' rights meant prompting federal agencies to bring about change at the local level? That seems to be happening in the field of pole attachment regulation. Section 224 of the Communications Act empowers the FCC to regulate the rates, terms, and conditions of attachments on poles owned by investor-owned utilities and phone companies. Section 224, however, permits states to "reverse preempt" federal authority and regulate attachments on their own upon filing a certification with the FCC of their intent to do so. But before taking that step, a state's legislature typically passes a law that authorizes the state public utility commission to regulate pole attachments. To date, 24 states (including the District of Columbia) have certified state-level regulatory jurisdiction over rates, terms, and conditions for pole attachments. https://www.mondaq.com/article/news/1323800?q=1803232&n=810&tp=2&tlk=3&lk=36
Message-ID: <20230608222344.GA494486@telecomdigest.us> Date: 8 Jun 2023 18:23:44 -0400 From: "The Telecom Digest" <digest-replies@telecom-digest.org> Subject: CWA Bargaining Update -- Frontier West Virginia June 8, 2023 Frontier (West Virginia) CWAers at Frontier in West Virginia and Ashburn, Va., are bargaining for a new contract that covers approximately 1,400 members. Negotiations opened on Monday between the company and CWA ahead of the current contract expiration in August. The negotiations come at a critical time for the company, which emerged from bankruptcy in April 2021. West Virginia is slated to receive $950 million from the bipartisan federal infrastructure bill to invest in expanding broadband internet access to locations across the state. Frontier members in West Virginia and Ashburn went on strike for three weeks in 2018 in order to reach an agreement that ensured that they would be able to provide quality service and keep good jobs in their communities. “Five years after our strike, we have the same priorities at Frontier in West Virginia and Virginia,” said Ed Mooney, Vice President of CWA District 2-13. “Our message is simple: we want a contract that supports quality jobs so we can deliver quality service.” https://cwa-union.org/news/bargaining-update-245
End of The Telecom Digest for Fri, 9 Jun, 2023
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