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The Eligible Telecommunications Carrier- 96-26 NRR196-26 The ligible Telecommunications Carrier: A Strategy for Expanding Universal Service Phyllis Bernt, Ph.D. Director McClure School of Communication Systems Management Ohio University October 1996 The National Regulatory Research Institute The Ohio State University 1080 Carmack Road Columbus, Ohio 43210-1002 (614) 292-9404 This report was prepared by The National Regulatory Research Institute (NRRI) with funding provided by the participating member commissions of the National Association of Regulatory Utility Commissioners (NARUC). The views and opinions of the author, as expressed herein, do not necessarily reflect the views, opinions, or policies of the NRRI, NARUC, or any member commissions of NARUC. THE ELIGIBLE TELECOMMUNICATIONS CARRIER- 96-26 Executive Summary The Telecommunications Act of 1996 seeks to achieve two seemingly contradictory goals: the introduction of competition into all areas of telecommunications and the preservation of the universal service mandate. The Act resolves this apparent conflict by making competition an integral part of the universal service strategy. At the center of this strategy is a new type of service provider, the Eligible Telecommunications Carrier (ETC). ETCs will be designated by state commissions to provide basic services, on a competitive basis, to all subscribers in specific service areas, and to receive, in return, subsidy payments to help defray the cost of providing universal service. The inclusion of competition in the provision of basic services poses many questions for state commissions as they designate these new universal service providers. This report, after reviewing the specific universal service and ETC provisions of the 1996 Act, examines many of the significant questions surrounding the ETC strategy articulated in the Act. Issues discussed include: potential candidates for ETC status; the role of the incumbent local exchange carrier; the impact of service area size and characteristics on potential ETCs; the number of viable ETCs that can be supported in a service area; thevarious methods which have been suggested for determining the cost of universal service; and the challenges posed by rural areas and the less-affluent urban regions. New Powers The 1996 Act places the responsibility on state regulatory commissions to designate multiple ETCs for nonrurallocal service areas and to establish universal service funds for state services. This responsibility is accompanied by specific powers that will allow states to control who may receive designated universal service monies at THE NATIONAL REGULATORY RESEARCH INSTITUTE - iii NRRI 96-26 - The Eligible Telecommunications Carrier both the state and federal levels. The "power of the universal service purse" is a powerful tool that can assist states in achieving their competition and universal service goals. As shown below in Table E-1 some of these specific powers include: TABLE E-1 State ETC Powers ..... .... ... : ... Power .......·1 .. Pot~rltial •••• lmpact Designation of an ETC May be in response to a request or on the Commission's (PUC)own motion. PUC can decide which incumbents and new entrants function as ETC and receive designated state and federal subsidies. Define ETC service territories Being an ETC can only occur in conjunction with a designated service area. The PUC can accept or modify a proposed service area, or even designate a new one in order to achieve universal service. As no ETC can function without a service territory, this ability to define service territories is a powerful regulatory tool. Can control ETC exit from market A designated ETC can not relinquish its ETC designation without PUC approval. Decide the number of ETCs Aside from the mandate to have more than one ETC in non rural areas, the PUC is free to choose how many ETCs are necessary in a given area to achieve universal service goals. This decision has economic consequences that the PUC can use to achieve universal service goals. Determine size of the state subsidy fund Funding, costing, designation of what services are to be eligible, and level of funding are in the province of the PUC for state services and the resolution of these issues will have competitive consequences. Source: Author's construct. iv - THE NATIONAL REGULATORY RESEARCH INSTITUTE THE ELIGIBLE TELECOMMUNICA TlONS CARRIER - 96-26 Need for More Than One ETC Designating only one ETC network provider would have the effect of marginalizing basic services in a nonubiquitous, competitive environment. The benefits of competition would tend to flow to the economically attractive service areas and only the lowest-common-denominator basic network would be available to those areas served by only one ETC because of the intrinsic economic incentives inherent in monopolistic provisioning of ETC services. The creation of more than one ETC has the practical effects of including consumer choice in the definition of universal service and enhancing competition in high-end non basic services. Size of Universal Service Fund As shown in Table E-2, the impact of different costing approaches can affect the size_of the universal service fund. If the ultimate goal is to decrease subsidies and push for the most efficient provisioning of universal service, then proxy models and standardized payments (regardless of the carrier or any other circumstance) may be the preferable approach. If the use of actual cost studies rather than proxy models provides larger subsidy payments, this will make ETC status a more economically attractive option to a wider range of candidate ETCs. THE NA TlONAL REGULATORY RESEARCH INSTITUTE - V NRRI 96-26 - The Eligible Telecommunications Carrier TABLE E-2 Relation of The Size of The Universal Service Fund And Alternative Costing Approaches ... .. .. ..: .. .. .. ,-.,. :~ IL r"; .... ~0;;;"'"",, ..... Alternativ~Go~tingApproache$ n .. ............... :C":: C":c..... ' .. ~.;:;)" .. ~............... 'c.. ... LatgetFUnd SrnallefFund 1, Cost Model A, Use of Long-run Incremental Study X B. Use of Embedded-cost Study X 2. Network A. Use of a Proxy Model X B. Use of Actual ETC Network Configuration X 3. Service Territory A. Use of Large Service Area X B. Use of Small Service Area X 4. Cost basis A. Same Subsidy Payment for all ETCs X B. Subsidy Payment Based on ETC's Costs X Source: Author's construct. vi - THE NATIONAL REGULATORY RESEARCH INSTITUTE THE ELIGIBLE TELECOMMUNICA TIONS CARRIER - 96-26 TABLE OF CONTENTS LIST OF FIGURES ................................................... viii LIST OF TABLES . .. ix ACKNOWLEDGMENTS ................................................ xi Introduction . .. 1 State Commission Responsibility for ETCs . .. 4 Setting the Stage for 1996 .............................................. 8 The 1996 Telecommunications Act ...................................... 11 Common Carriage and the Obligation to Serve ............................. 14 The Definition of Universal Service in the 1996 Act .. .. 19 The Reasons for Competitive Provisioning of Universal Service ................ 23 The ETC Strategy in the 1996 Act ....................................... 28 Candidates for ETC Status . .. 31 The Role of the I LEC ................................................. 41 Role of the RBOCs ................................................ 46 Infrastructure Sharing .............................................. 47 The Importance of Service Areas . .. .. 48 - How Many Is Too Many? ............................................... 58 Urban and Rural Issues ............................................... 61 State and Federal Funding of Universal Service ............................ 66 The Issue of Affordable Rates .......................................... 70 Establishing the Cost of Universal Service ................................. 74 Actual Costs ..................................................... 76 Proxy Models. .. 77 Auctions ........................................................ 78 Other Questions .................................................. 79 Implementing New Mechanisms .................................... " 81 Service Area Questions. .. 82 Subsidy Neutrality and Policy Goals . .. 83 Conclusion ......................................................... 85 THE NATIONAL REGULATORY RESEARCH INSTITUTE - vii NRRI 96-26 - The Eligible Telecommunications Carrier List of Figures Figure Page 1 Mismatch of Subscribers and Providers in Non-ETC Monopoly Markets and Competitive Markets ............................................ 25 2 The Effect of ETC Provisioning in Expanding Consumer Choice .......... 27 3 Current Interexchange Carrier (IXC) Configuration ..................... 36 4 Interexchange Carrier as a Provider of Local Exchange Services. .. 37 5 Possible Competitive Access Provider (CAP) Configuration for the Provisioning of Local Exchange Services ............................ 39 6 Possible Cable Television Configuration for the Provisioning of Local Exchange Services ............................................. 40 7 Linchpin Network Model of Local Exchange Services . .. 44 8 ILEC Territory with Spotty ETC Competition ...................... ~ ... 52 9 Possible Difference in ETC Service Area and ETC Local Calling Area . .. 55 10 Varying Local Calling Areas within a Territory . .. 56 11 Range of ETC Service Area Options . .. 57 viii - THE NATIONAL REGULATORY RESEARCH INSTITUTE THE ELIGIBLE TELECOMMUNICA TIONS CARRIER - 96-26 List of-Tables Table Page 1 Illustrative Service Quality and Resource Requirements ................. 33 2 Relation of
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