Urging the Federal Communications Commission to Retain “Legacy” Regulations and Affirm State Authority to Enact and Enforce Carrier of Last Resort (COLR) and Eligible Telecommunications Carrier (ETC) Obligations.

WHEREAS, pursuant to the Communications Act of 1934, it is the long standing policy of the United States to make available, so far as possible, to all the people of the United States a rapid, efficient, nationwide, and worldwide wire and radio communication service with adequate facilities at reasonable charges; and

WHEREAS, the concepts set forth in the Communications Act of 1934 are embodied in the adoption and enforcement of Carrier of Last Resort (COLR) obligations requiring nondiscriminatory provision of service to all customers within a service territory, and, as supplemented in the 1996 Telecommunications Act, Eligible Telecommunications Carrier (ETC) obligations, setting the terms and conditions that must be met by telecommunications companies that are eligible to receive universal service funds; and

WHEREAS, Incumbent Local Exchange Carriers (ILECs) such as AT&T, Verizon, Frontier, and FairPoint Communications, as well as other telecommunications service providers, have urged the Federal Communications Commission to eliminate “legacy” regulations established to foster universal service provided over the public switched telephone network  and to preempt state authority to adopt and enforce such provisions; and

WHEREAS, the National Association of State Utility Consumer Advocates urges the FCC and the states, in a companion resolution (Resolution 2012-XX), to ensure the continued application of traditional public interest obligations  to voice service, regardless of the technology used to provide the service;

NOW THEREFORE, BE IT RESOLVED, that COLR and ETC requirements are essential to the continued pursuit of the universal service objectives set forth in federal statutes; and

BE IT FURTHER RESOLVED, that NASUCA urges the FCC and the states to retain “legacy” universal service regulations and also urges the FCC to affirm the right of states to establish and enforce COLR and ETC universal service obligations; and

BE IT FURTHER RESOLVED, that the Telecommunications Committee of NASUCA, with the approval of the Executive Committee of NASUCA, is authorized to take all steps consistent with this Resolution in order to secure its implementation.

Approved: June 25, 2012

Charleston, South Carolina

Submitted by the Telecommunications Committee

Abstention:  Indiana, Michigan