Wireline

摘要

The FCC overstepped its authority and was unclear in some sections of its Rural Health Carenreform order, USTelecom said in a petition for reconsideration and clarification filed Monday (http://bit.ly/17bc0lV). The commission should prohibit, rather than encourage, the “speculative installationnand resale of excess capacity,” USTelecom said. Although the commission says suchncost-sharing don't violate the statutory prohibition against resale, the relevant statute “could not benany clearer,” USTelecom said: Section 254(h)(3) of the Communications Act explicitly prohibitsnselling or reselling by the user of telecom services and network capacity provided to a public institutionalntelecom user. “The Commission cannot save its unlawful ‘cost-sharing’ rule by attempting toncreate some distinction between ‘cost-sharing’ and resale,” USTelecom said. The association alsonwants the commission to reconsider its decision letting healthcare providers get support for “darknfiber,” which is “not a ‘service'” and thus not eligible for support under the rural healthcare program,nit said. USTelecom also asked that the commission direct any enforcement actions seekingnrecovery for current and past healthcare program violations solely at the responsible party. Thencommission should also clarify whether its rural healthcare competitive bidding rules include restrictionsnon gifts, meals and entertainment; and it should clarify the rules regarding broadbandnmetrics reporting, certification and invoicing, USTelecom said.