JOINT RESOLUTION MEMORIALIZING THE UNITED STATES CONGRESS AND THE FEDERAL COMMUNICATIONS COMMISSION TO FOREGO IMPOSING A CAP ON FEDERAL UNIVERSAL SERVICE FUND SUPPORT FOR MAINE'S RURAL WIRELESS CARRIERS

your Memorialists, the Members of the One Hundred and Twenty-Third Legislature of the State of Maine now assembled in the First Regular Session, most respectfully present and petition the United States Congress and the Federal Communications Commission as follows:

WHEREAS,  the federal Telecommunications Act of 1996 through the establishment of the Federal Universal Service Fund was intended to promote the availability of quality services at just, reasonable and affordable prices, increased access to advanced telecommunications services throughout the Nation and the availability of quality services to all consumers, including those in low-income, rural, insular and high-cost areas, at rates that are reasonably comparable to those charged in urban areas; and

WHEREAS,  the intended goals of that legislation have not been met in the State of Maine, and many of Maine’s communities have no wireless services or inadequate wireless service; and

WHEREAS,  the failure to achieve the goals of improved and high-quality services has, and will continue to have, a direct and substantial negative impact on the health and safety of the people living and working in Maine’s rural areas; and

WHEREAS,  the failure to achieve this goal of high-quality wireless services at just, reasonable and affordable rates to everyone is a very significant barrier to the economic development of much of rural Maine; and

WHEREAS,  there are 2 rural wireless carriers in Maine that have successfully sought certification as eligible telecommunications carriers and have used the federal universal service funding they have received to construct significant additional wireless infrastructure in rural Maine; and

WHEREAS,  the Maine Public Utilities Commission has certified that these Maine rural wireless carriers have used the funds received from the federal universal service fund in a manner consistent with all laws and regulations governing the funds; and

WHEREAS,  the Federal-State Joint Board on Universal Service has recommended that the Federal Communications Commission impose a cap on funding for competitive eligible telecommunications carriers; and

WHEREAS,  this recommended cap would limit Federal Universal Service Fund support for Maine’s rural wireless carriers currently receiving these funds; and

WHEREAS,  the proposed cap on funding would serve to undercut the purpose and objective of the federal Telecommunications Act of 1996 by impairing the ability of Maine’s wireless eligible telecommunications carriers to expand infrastructure into rural Maine so that rural and urban wireless service is equal, as promised by that act; now, therefore, be it

That We, your Memorialists, on behalf of the people we represent, take this opportunity to request that the Federal Communications Commission reject the cap proposed by the Federal-State Joint Board on Universal Service; and be it further

That We, your Memorialists, respectfully urge and request that the United States Congress take action to repeal the cap if it is adopted by the Federal Communications Commission; and be it further

That suitable copies of this resolution, duly authenticated by the Secretary of State, be transmitted to the Honorable Kevin J. Martin, Chairman of the Federal Communications Commission, to the President of the United States Senate, to the Speaker of the United States House of Representatives and to each Member of the Maine Congressional Delegation.