In the “I Dare You” Game of USF Waivers, RLECs Will Win or Fold
Out of all of the frustrating aspects of the USF/ICC Transformation Order and FNPRM, the waiver process ranks high on the list, yet it gets less attention than issues like regression analysis and bill-and-keep.
Why is it so frustrating? Well, a waiver essentially costs small companies tens of thousands of dollars to prepare and file, and there is no guarantee that the FCC will grant the requested relief. It is a very expensive and cumbersome undertaking to tell the FCC that your company is facing financial insolvency because of the FCC’s actions. Nevertheless, waiver momentum has picked up a bit over the last few weeks with new filings, letters of intent, and even support from friends in high places—Congress—for one waiver. FCC representatives have often said if a company doesn’t like the rules, it can file a waiver; but this is easier said than done. John Staurulakis, Inc. vice president John Kuykendall described the waiver process “as though the Wireline Bureau is taking an ‘I dare you’ approach to filing waivers. On one hand, the Bureau is saying that the USF/ICC Order must not be that bad since only a few carriers have sought waivers to be exempted from the reforms. On the other hand, the Bureau knows that once a company files a waiver, the petition will then be subjected to a ‘rigorous, thorough and searching review comparable to a total earnings review’ and that the bar which must be attained for the waiver to be granted is so high that few, if any, carriers can meet it.”