FCC and the Government Shutdown
October 2, 2013 | by Andrew Regitsky
For those of us immersed in the day-to-day nuts and bolts of the FCC, it almost comes at a shock when we are forced to confront the fact that the Commission is just another government agency. And like much of the federal government, the FCC has become a virtual ghost agency as part of the partial government shutdown. The Commission notes that for the life of a government shutdown, all its activities “other than those immediately necessary for the protection of life or property will cease.” Now what does that mean for the telecom industry?
Obviously, there is an immediate effect on FCC employees, as at least 95 percent will be furloughed for the life of the shutdown. Remaining employees generally guard the Commission, remaining employees and property, respond to national disasters, and maintain the Information Technology (IT).
All filing of carrier tariffs, comments and complaints, along with consumer complaints, are on hold as Commission phones and electronic filing systems are unavailable. Due dates are suspended until the next business day after the Commission returns to normal operation. It is important to note however, that the shutdown only affects filings to the Commission with due dates that occur during the shutdown. It does not impact the effective dates of Commission actions such as orders or other events and dates for filings with entities other than the Commission.
Pending section 214 applications that carriers have filed to discontinue some services are not automatically granted during the shutdown. Similarly, carriers seeking to transfer control of some lines under section 214 will have to wait for the government to reopen before these transfers can be completed. All industry comments about section 214 applications are due the next business day after the Commission returns to normal operation.
Finally, Commission efforts to advance its major telecom proceedings such as the market analysis of ILEC special access services and the development of rules for the transition of the industry to an IP network are at a standstill.
With so many important issues to resolve, let’s hope this shutdown is short!
If you are a current CCMI TelView Subscriber and have further questions on the government shutdown’s impact on tariffs filed with the FCC, please contact us at support@ccmi.com.
By Andrew Regitsky, President, Regitsky & Associates