[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6526 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 6526

   To provide that an Order of the Federal Communications Commission 
    adopting a methodology for establishing certain benchmarks for 
 Universal Service Fund high-cost loop support shall have no force or 
      effect and to require the Commission to prepare a report on 
                   alternatives to such methodology.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 21, 2012

  Mr. Landry introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
   To provide that an Order of the Federal Communications Commission 
    adopting a methodology for establishing certain benchmarks for 
 Universal Service Fund high-cost loop support shall have no force or 
      effect and to require the Commission to prepare a report on 
                   alternatives to such methodology.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Restore Effective Statistics to the 
Calculation of USF Expenditures Act of 2012'' or the ``RESCUE Act of 
2012''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Order of the Federal Communications Commission in 
        the Matter of Connect America Fund and High-Cost Universal 
        Service Support (Adopted on April 25, 2012; DA 12-646) will 
        inevitably lead to the closure of many small businesses, 
        several in economically disadvantaged and underserved areas.
            (2) The Order is in direct conflict with the statutory 
        mandate that the Universal Service Fund remain ``predictable'' 
        for carriers involved, as specified in section 254 of the 
        Communications Act of 1934, as added by the Telecommunications 
        Act of 1996.
            (3) The Order relies upon regression models with 
        unacceptably low levels of predicted accuracy, leading to 
        inequitable redistributions of high-cost support.
            (4) The Order unfairly manipulates carriers' support based 
        upon investment decisions made prior to the Order's release, 
        effectively imposing retroactive penalties on carriers for 
        prior commitments made.
            (5) The Order is fundamentally flawed and must be replaced 
        with an alternative plan that is fiscally responsible and that 
        gives accurate treatment to all stakeholders involved.

SEC. 3. FCC ORDER TO HAVE NO FORCE OR EFFECT.

    The Order of the Federal Communications Commission in the Matter of 
Connect America Fund and High-Cost Universal Service Support (Adopted 
on April 25, 2012; DA 12-646) (relating to the adoption of a 
methodology for establishing benchmarks for capital and operating costs 
reimbursable to rate-of-return cost companies from high-cost loop 
support) shall have no force or effect after the date of the enactment 
of this Act.

SEC. 4. REPORT ON ALTERNATIVE METHODOLOGIES.

    (a) In General.--The Federal Communications Commission shall 
prepare a report on alternatives to the methodology adopted in the 
Order described in section 3.
    (b) Submission to Congress; Public Availability.--Not later than 
120 days after the date of the enactment of this Act, the Federal 
Communications Commission shall--
            (1) submit the report required by subsection (a) to the 
        Committee on Energy and Commerce of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate; and
            (2) make such report publicly available on the Internet 
        website of the Commission.
    (c) Opportunity for Congressional Input on Alternatives.--The 
Federal Communications Commission may not adopt an alternative to the 
methodology adopted in the Order described in section 3 before the date 
that is 60 days after the date on which the Commission submits the 
report required by subsection (a).
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