On Friday, the FCC finally released the Order in their Intercarrier 
Compensation and Universal Service Fund docket.  The executive 
summary had come out with the Adoption at last month's FCC Public 
Meeting, but the 759-page (!) Order took a while to finish.

The results, from a WISP perspective, are not nearly as bad as could 
have been.  The FCC has taken safeguards to make it easier for an 
unsubsidized WISP to prevent subsidized competition from an incumbent LEC.

The high-cost portions of the Universal Service Fund are being 
restructured into the Connect America Fund.  This will come into 
being in three phases, each with different rules for Price Cap 
Carriers and Rate of Return Carriers.  About 95% of phone lines are 
in the former category; the latter are basically small rural carriers 
who depend upon USF.

Phase I is just 2012.  Price Cap Carriers will be offered $775 per 
line to add 4/1 broadband serivce to "unserved" areas that they 
weren't otherwise going to serve.  They can choose how many lines 
this applies to.  If the location is "served" on the National 
Broadband Map, or if the ILEC *knows* it's served by an unsubsidized 
competitor, it's off limits.  I think this must be at least 768k 
fixed service.  So this might be a good time to make sure the mappers 
are aware of your service areas, or to think about short-term service 
expansion. The date by which you must be on the map isn't set yet, 
but it's presumably in 1H2012.

Phase II starts in 2013.  For this, Price Cap Carriers will be 
offered support based on a cost model that the FCC will create in 
2012.  Once the model is complete, the ILEC will decide if it wants 
to take that support for its territory on a state-by-state (all of a 
state or nothing) basis.  Again, only unserved areas will get 
support, though an ILEC can use support to build common plant in an 
area that is more than 50% unserved.  So a new DSLAM that covers 40% 
unserved would not be covered, but ont that covers 60% unserved would 
be.  So again it's important for WISPs to make their presence 
known.  If the ILEC turns down the state, USF support goes to the low bidder.

Phase III starts in 2018, and will be entirely bid-based, but the 
details will be worked out in the future.

A separate Extremely High Cost fund will allocate up to $100M/year 
for locations too costly (by the model) to serve via the standard 
subsidy.  This will be separately bid, and it's assumed that fixed 
wireless and satellite will be the mostly likely technologies.  So 
this could allow some subsidies to rustic-but-Bell-area WISPs.

The FCC notes that while this gives ILECs first dibs on funding, it 
also takes away Price Cap Carrier USF from areas served by 
unsubsidized competitors, so WISPs could theoretically come out 
better under the new rules.

Now here's a catch:  "Unsubsidized competitor" is defined as a 
provider of both voice and broadband service.  It's not entirely 
obvious (you try parsing 759 pages of FCC-speak this quickly... ;-) ) 
if that applies to the Price Cap Carrier model, or just the rural 
Rate of Return case, since the PCCs already offer unsubsidized voice 
across most of their territories, and the map isn't about voice.  In 
the rural Rate of Return Carrier case, voice will be more 
important.  This does not mean that the WISP must be a CLEC per se; 
it might be high-quality (QoS) VoIP offered in conjunction with a 
CLEC who has local numbers, for instance.  But for some ISPs, this 
might be a good time to start thinking about adding voice 
service.  (My talk at FISPA last month was about the case for whether 
an ISP should start up a CLEC.)

In areas served by rate-of-return carriers, the new rules phase out 
(over 3 years) all USF support to an ILEC that is 100% overlapped 
(voice and broadband) by an unsubsidized carrier, typically 
cable.  If there is less than 100% overlap, then support will be 
reduced, but the actual methodology is left to be determined via the 
Further NPRM.

So on balance, the FCC has done a lot less harm to the rural WISP 
community than it could have, while still encouraging ILECs to deploy 
more broadband via subsidies.

  --
  Fred Goldstein    k1io   fgoldstein "at" ionary.com
  ionary Consulting              http://www.ionary.com/
  +1 617 795 2701 



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