Kansas Broadband News - January 2024

January 31, 2024 Tony Veach

KCC Adopts 11.69% Assessment Rate For Kansas Universal Service Fund Year 28

January 30, 2024 – The Kansas Corporation Commission (KCC) has issued an order which adopts an assessment rate of 11.69% for Fiscal Year 28 of the Kansas Universal Service Fund (KUSF). The 11.69% assessment rate will be effective March 1, 2024 through February 28, 2025. The KUSF Year 28 assessment rate was calculated based on information provided by the KCC’s Deputy Chief of Telecommunications, Steve Garret, in written testimony in the KCC’s most recent KUSF docket. As explained in Deputy Chief Garrett’s testimony, the KUSF Year 28 assessment rate is comprised of two budgeted components: (1) the projected KUSF obligations or amounts to be paid from the KUSF; and (2) the projected revenue base, or the revenue carriers are projected to report to the KUSF for funding purposes. Further, the KUSF FY 28 total KUSF obligations of $37.1 million are reduced by the projected $3.8 million reserve and increased by $2.5 million for the contingency fund allowance, resulting in the $35.8 million net KUSF obligations to be collected from a revenue base of $306.1 million. In light of this data, Mr. Garrett proposed the KCC adopt its resulting 11.69% assessment rate for KUSF Year 28.

Pioneer Telephone Files Tariff Changes For SIP Interconnection Trunks

January 26, 2024 – The Pioneer Telephone Association, Inc. has filed changes to its local exchange service tariff with the Kansas Corporation Commission (KCC). Pioneer’s tariff changes reflect a new service offering SIP interconnection trunks. According to the filing, Pioneer anticipates $480 of additional yearly revenue for the service, and has requested a March 1, 2024, effective date.

Condor Holdings LLC Acquiring Control Of Consolidated Communications Of Kansas and Consolidated Communications Of Missouri

January 25, 2024 – Consolidated Communications Holdings, Inc. (Consolidated Holdings), Consolidated Communications of Kansas Company (Consolidated Kansas), Consolidated Communications of Missouri Company (Consolidated Missouri), and Condor Holdings LLC have filed a joint application with the Kansas Corporation Commission (KCC) that requests approval of the transfer of indirect control of Consolidated Kansas and Consolidated Missouri to Condor. Pursuant to an Agreement and Plan of Merger, Condor Holdings will acquire all of Consolidated Holdings’ issued and outstanding common stock. This will make Condor Holdings the direct owner of Consolidated Holdings and the indirect parent of Consolidated Holdings’ subsidiaries Consolidated Kansas and Consolidated Missouri. Consolidated Holdings, which is currently a publicly traded company, will become privately held.

IM Telecom, LLC d/b/a Infiniti Mobile Requests ETC Designation In Kansas To Provide Lifeline Service

January 23, 2024 – IM Telecom, LLC d/b/a Infiniti Mobile has filed an application with the Kansas Corporation Commission (KCC) which requests designation as an Eligible Telecommunications Carrier (ETC) in the state of Kansas solely for the purpose of providing Lifeline service to qualifying consumers. Infiniti Mobile is not seeking, and is not eligible for, funding from the universal service Link Up program or high-cost support program. In its application, Infiniti Mobile asserts that it “meets all the statutory and regulatory requirements for designation as an ETC in the State of Kansas.”

Infiniti Mobile is an Oklahoma Limited Liability Company, with its principal office located in Plano, Texas. It is a wholly owned subsidiary of KonaTel, Inc., a Delaware corporation which acquired Infiniti Mobile in January 2019. Infiniti Mobile is a mobile virtual network operator (MVNO) that uses the underlying wireless networks of AT&T Mobility, Verizon Wireless, and T-Mobile USA, Inc. on a wholesale basis. Infiniti Mobile has been designated as a Lifeline-only wireless ETC in the states of California, Georgia, Kentucky, Maryland, Nevada, New York, Oklahoma, Pennsylvania, South Carolina, Vermont, and Wisconsin, and has been authorized by the FCC to participate in the Affordable Connectivity Program throughout the U.S.

Kansas Lifeline Service Program Eligibility – U.S. Department Of Health And Human Services Issues 2024 Federal Poverty Guidelines

January 17, 2024 – The U.S. Department of Health and Human Services has issued the 2024 Federal poverty guidelines used to determine financial eligibility for certain governmental assistance programs. For the Kansas Lifeline Service Program (KLSP), a consumer is eligible for support if the consumer’s household income level is at, or below, 135% of the Federal poverty guidelines for a household of that size. This same eligibility requirement applies to the Federal universal service Lifeline program. There are separate guidelines for the 48 contiguous states and the District of Columbia, Alaska, and Hawaii.

KCC Business Meeting Consent Agenda: Telecommunications Items – January 23rd

January 16, 2024 – The Kansas Corporation Commission (KCC) is expected to approve the following telecommunications items, included on a consent agenda, during the KCC’s business meeting on Tuesday, January 23, 2024 at 10:00 am:

Order Approving Tariff Revisions – Docket No. 24-RRLT-470-TAR – Rural Telephone Service Co., Inc. dba Nex-Tech Filing Tariff Revisions.
Order Cancelling Evidentiary Hearing – Docket No. 24-GIMT-229-GIT – Investigation to Determine the Annual Assessment Rate for the Twenty-Eighth Year of the Kansas Universal Service Fund, Effective March 1, 2024.
Order Assessing Costs – Docket No. 24-EVMT-501-COC – Application of Consolidated Communications Exchange Services, Inc. to Cancel its Certificate of Convenience and Authority to Provide Local Exchange and Exchange Access Service within the State of Kansas.

All orders on the consent agenda are considered to be routine by the KCC, and will be considered together as a single item. However, any KCC Commissioner may request that a proposed order be removed from consideration at a meeting. KCC business meetings are accessible via the KCC YouTube channel link on the KCC website at http://kcc.ks.gov/.

John Deere Announces Agreement With SpaceX To Enable Starlink Connectivity In Farm Equipment

January 16, 2024 – Deere & Company has entered into an agreement with SpaceX that will enable John Deere farm equipment to connect to Starlink’s satellite communications (SATCOM) service. Starlink, a wholly-owned subsidiary of SpaceX, operates a constellation of low earth orbit satellites that deliver internet access service. In the press release announcing the agreement, Deere & Company provided the following additional information:

The SATCOM solution will connect both new and existing machines through satellite internet service and ruggedized satellite terminals. This will fully enable technologies such as autonomy, real-time data sharing, remote diagnostics, enhanced self-repair solutions, and machine-to-machine communication, all of which help farmers work more efficiently while minimizing downtime.

“John Deere has led the agriculture equipment industry for more than two decades with satellite-based precision guidance technology,” said Jahmy Hindman, Senior Vice President & Chief Technology Officer at John Deere. “Now, we are bringing satellite communications service to the farm at scale so farmers with cellular coverage challenges can maximize the value of connectivity to their operations. The SATCOM solution unlocks the John Deere tech stack so every farmer can fully utilize their current precision agriculture technology in addition to the new innovative solutions they will deploy in the future. We initiated this process with a fierce focus on delivering value to our customers, and this partnership ensures we have a solution that meets their needs today and in the future.”

John Deere’s SATCOM solution will leverage SpaceX’s Starlink satellite internet constellation. To activate this solution, John Deere dealers will install a ruggedized Starlink terminal on compatible machines, along with a 4G LTE JDLink modem to connect the machine to the John Deere Operations Center. The SATCOM solution will initially be available through a limited release in the United States and Brazil starting in the second half of 2024.

KCC Opens Docket For Filing Annual Lifeline Recertification Forms

January 9, 2024 – The Kansas Corporation Commission has opened Docket No. 24-GIMT-473-CPL in which eligible telecommunications carriers (ETCs) must submit the results of their Lifeline recertification efforts using FCC Form 555. The filing of Lifeline recertification forms must be completed on or before January 31, 2024. The FCC Form 555, “Annual Lifeline Eligible Telecommunications Carrier Certification Form,” is used by all Lifeline service providers to report the results of their annual recertification process and includes required data accuracy certifications. The Form 555 must be submitted to the Universal Service Administrative Company (USAC) using USAC’s online One Portal, the FCC in Docket 14-171 using the FCC’s EFCS, relevant state regulatory authorities, and Tribal governments if Lifeline service is provided to subscribers that reside on Tribal lands.

KCC Business Meeting Consent Agenda: Telecommunications Items – January 9th

January 8, 2024 – The Kansas Corporation Commission (KCC) is expected to approve the following telecommunications items, included on a consent agenda, during the KCC’s business meeting on Tuesday, January 9, 2024 at 10:00 am:

Order Assessing Costs – Docket No. 24-GIMT-473-CPL – Lifeline Re-Certification Filing Compliance as Required by Commission Order Dated March 4, 2013, in Docket No. 10-GIMT-658-GIT.
Order Assessing Costs – Docket No. 24-RRLT-470-TAR – Rural Telephone Service Co., Inc. dba Nex-Tech Filing Tariff Revisions.

Brightspeed of Kansas, Inc. Changing Name To Brightspeed of Kansas, LLC

January 5, 2023 – Brightspeed of Kansas, Inc. has filed an application with the Kansas Corporation Commission requesting that the name on its Certificate of Convenience and Authority be changed to Brightspeed of Kansas, LLC. The requested name change will not affect Brightspeed’s services or the rates charged to customers. Brightspeed is preparing to refile complete tariffs reflecting the new name.

KCC Opens General Investigation Of Depreciation Rates Used By Rural Incumbent Local Exchange Carriers – Comments Due April 3, 2024

January 4, 2024 – The Kansas Corporation Commission (KCC) has opened a general investigation into depreciation rates applicable to rural incumbent local exchange carriers (RLECs). RLECs’ comments on specific depreciation rate changes are due on or before April 3, 2024. KCC Staff’s responsive comments and recommendations are due July 2, 2024. The KCC docket number for the investigation proceeding is 24-GIMT-459-GIT.

In December 1993, the KCC issued an order streamlining the process for determining reasonable depreciation rates for RLECs, and created a common depreciation schedule that provided ranges for depreciation rates. The common depreciation schedule was updated annually until September 1996 when the KCC issued an order in which it determined it would maintain the ranges within the 1996 common depreciation schedule until such time as it determines that adjustments are necessary. As a result, RLECs’ depreciation rates have not changed for 27 years.

Governor Kelly Announces New Designation For Kansas Cities Improving High-Speed Internet

January 4, 2024 – Kansas Governor Laura Kelly has announced the launch of Kansas Broadband Ready Communities, a new certification from the Kansas Office of Broadband Development (KOBD) for communities working to improve access to high-speed internet. A Kansas Broadband Ready Communities designation will help ensure Kansas communities have competitive bids for broadband service and grant opportunities. By adopting specific local ordinances ahead of time, communities can ensure more successful and sustainable broadband deployment projects. Kansas communities seeking designation as Kansas Broadband Ready Community must adopt an ordinance that aligns with the following minimum requirements outlined by the program:

Designating a single point of contact
Committing to a 30-day process for reviewing and responding to applications
Ensuring reasonable filing fees, not to exceed what is allowed in state statute K.S.A. 17-1902
Utilizing or transitioning to electronic filing systems
Prohibiting discrimination in permitting procedures

Additional information about the Kansas Broadband Ready program is available online. KOBD will conduct a one-hour informational webinar starting at 11:00 a.m. Thursday, February 8, 2024.

KCC Business Meeting Consent Agenda: Telecommunications Items – January 4th

January 3, 2024 – The Kansas Corporation Commission (KCC) is expected to approve the following telecommunications items, included on a consent agenda, during the KCC’s business meeting on Thursday, January 4, 2024 at 10:00 am:

Order Granting Amended Video Service Authorization – Docket No. 07-CXKC-621-VSA – Application of Cox Communications Kansas L.L.C., Filing for Kansas Video Service Authorization; Cox Communications Amended Application.
Order Cancelling Certificate – Docket No. 24-TMIC-352-CCS – Application of Telecom Management, Inc. d/b/a Pioneer Telephone for Permission to Cease Operating as a Telecommunications Public Utility in the State of Kansas.
Order Approving Traffic Factors for Nex-Tech Wireless LLC – Docket No. 24-GIMT-229-GIT – Investigation to Determine the Annual Assessment Rate for the Twenty-Eighth Year of the Kansas Universal Service Fund, Effective March 1, 2024; NexTech Wireless, LLC Application for Approval of Traffic Factors Effective January 1, 2024.
Order Assessing Costs – Docket No. 24-GIMT-459-GIT – General Investigation into Depreciation Rates Applicable to Rural Incumbent Local Exchange Carriers.
Order Approving Traffic Factors for Midcontinent Communications – Docket No. 24-GIMT-229-GIT – Investigation to Determine the Annual Assessment Rate for the Twenty-Eighth Year of the Kansas Universal Service Fund, Effective March 1, 2024; Midcontinent Communications For Approval of Traffic Studies.