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March 28, 2012
The Honorable Julius Genachowski, Chainnan
The Honorable Robert McDowell
The Honorable Mignon Clyburn
Federal Communications Commission
445 12th Street, S.W.
Washington. DC 20554
Dear Mr. Chairman and Commissioners:
As members representing Texas, and who understand the difficulties and importance of having reliable
telecommunications services on the Texas border, we write regarding concerns over the FCC's recent Universal
Service Order that could jeopardize the Nation's Border Security efforts between Texas and Mexico by
disrupting critical Homeland Security communications in West Texas.
As you know, one of the key fmdings in the 9/11 Report is the essential role that communications has in
helping law enforcement be as effective as possible at deterring crime. The Texas-Mexico border presents the
law enforcement officers charged with protecting it an enonnous challenge. Big Bend Telephone Company
("Big Bend") is the only terrestrial voice and broadband communication provider that exclusively provides its
services to West Texas using its own network facilities.
Big Bend relies on universal service support as required by Section 254 of the Communications Act to
effectively offer services in West and South Texas. The other communication companies in this region serve
only a fraction of Big Bend's 17,593 square mile service territory and rely on Big Bend for transport from cell
towers or backhaul to the Internet. Unless the Conunission waives its rules capping Big Bend's recovery of
network expenses and investment, we are concerned that West Texas could simply have its communications
network shut off and that Border Security would be fundamentally undermined by this disruption in
communications. Indeed, we understand that, under the FCC's rules, Big Bend would default on its loan
covenants as early as 2013.
If Big Bend is put out of business in West Texas, many federal and state border security and law
enforcement institutions as well as schools and other anchor institutions would have their communications
services cut off with no other alternative available. A list of these institutions is enclosed.
The Commission anticipated that certain rate-of-return carriers would require waiver of its Universal
Service Fund ("USF") rules in circumstances when such rules reduced a carrier's support to a point that it
"would not be 'sufficient to achieve the purposes of [section 254] of the Act.' Big Bend is such a carrier, and its
waiver petition presents the very circumstances envisioned by the Commission. Big Bend's large, low-density,
mountainous service area contains 17,593 square miles, including approximately 485 miles or 25 percent of the
U.S .-Mexico land border. The territory's sheer size and rugged terrain present unique challenges to deploying
and maintaining a communications network, including higher construction costs to deploy facilities in rocky,
mountainous terrain and higher maintenance costs due to poor road infrastructure, extreme weather, and the long
distances required to reach different parts of the network for repairs.
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We understand that Big Bend is the only terrestrial telephone service in West Texas that relies
exclusively on its own facilities and that the FCC's rules would eventually cause its bankruptcy. Because Big
Bend provides essential voice and broadband communication services to essential Homeland Security personnel,
including Border Crossing and Ports of Entry, in West Texas and is the only viable communications alternative,
we request that the FCC grant Big Bend a rule waiver so that it can continue to invest in these critical
communication services in West Texas
Thank you for your attention to this important issue.
Sincerely,
I-\~
Henry Cuell
Member of
Institutions That Will Lose Communications Services
Department Homeland Security (DHS) Highway Check Points
DHS International Border Crossings
DHS Port of Entry
DHS Administrative .Facilities
DHS Housing Facilities
Department of Immigration, Customs and Enforcement
Department of Defense - Air Force Radar Surveillance Balloon Site
Department of the Interior- Big Bend National Park
Federal Aviation Administration
Federal Motor Carrier Safety Administration
U. S. Weather Service
Texas Department of Public Safety including Highway Patrol and Texas Rangers
Texas Department of Corrections - Lynaugh Unit, Sheffield Detention Center
Texas Department of Parks and Wildlife including Game Wardens
Texas Department ofTransportation
County Judges, County Administration, Fire Departments, Sheriffs' Departments and Police Departments of
Brewster, Presidio, Terrell, Jeff Davis, Pecos, Pecos, Crane, and Val Verde counties
911 Facilities
Comstock Independent School District ("ISD")
Terrell County ISD
Big Bend National Park San Vicente CSD
Terlingua ISD
Alpine ISD
Fort Davis ISD
Presidio ISD
Marathon ISD
Marfa ISD
Fort Stockton ISD
Iraan Sheffield ISD
McCamey ISD
Crane ISD
Valentine ISD
University of Texas McDonald Observatory
Texas Region 18 Education Service Center
Sui Ross State University
Midland College
Banks and Credit Unions
Public Libraries
Hospitals and Health Clinics
Public Housing Authorities