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FCC Prioritizes Incumbent Protection in Data Collection Order

| Written by Christopher | No Comments | Updated on Jul 17, 2013 The content that follows was originally published on the Institute for Local Self-Reliance website at https://ilsr.org/fcc-prioritizes-incumbent-protection-in-data-collection-order/

Patrick Lucey of the Open Technology Institute at the New America Foundation, posted this excellent story around the time we published our rant about the FCC’s cave-in to industry pressure for no good reason. We liked it so much, we asked to repost it.

In late June the Federal Communications Commission (FCC) issued an order reforming the way it collects data on broadband services. Broadband providers must file forms, known as Form 477, that contain information about their broadband network deployment, customer subscriptions, and speeds offered across the country. The order seeks to expand the FCC’s current broadband data collection efforts and also assume responsibility for administering theNational Broadband Map, initially created by the National Telecommunications and Information Agency (NTIA). Unfortunately, the vast majority of the order’s contents seem out of line with that goal.

Federal authorities need to collect good data in order to make informed policy decisions. However, the June data order does not add broadband pricing information to the data the FCC would seek to collect. The price residential customers pay for internet access is an important piece of information, not only to understand the state of competition for broadband but also to provide insight on whether services are available at affordable rates.

Past surveys from both the FCC and NTIA have shown that the cost of residential services can be a barrier to broadband adoption for many citizens. A recent newspaper article also note that some citizens may be canceling their existing home subscriptions due to the high cost.  Both the FCC’s own National Broadband Plan and Department of Justice recommended that the FCC collect broadband pricing information to inform their analysis of competition and the American public’s access to broadband.

Yet, rather than discuss the need to collect broadband pricing information, a review of the June order indicates a greater focus on accommodating the interests of internet service providers by stressing how the reforms will reduce burdens associated with reporting data. A “Ctrl + F” word search of the order returns 85 mentions of variations on the word “burden” [burden, burdens, burdensome, burdening], including a combined 15 mentions of the phrases “reducing the burden” and “reduce burdens.” Compare that to only four mentions for the word “price.” Three mentions for the word “affordability” [and all three are found in the same footnote]. The word “adoption” is mentioned 15 times, with the phrase “barriers to adoption” mentioned three times.

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While federal agencies have an obligation to consider the impact or “burden” of regulations and reporting requirements, here it seems to be the overwhelming focus for the FCC in the order.

An encouraging sign are the public statements of Commissioner and Interim Chairwoman Clyburnand Commissioner Rosenworcel. Both acknowledge the need to revisit the topic of collecting broadband pricing information again in the future, with Commissioner Rosenworcel noting how broadband affordability impacts broadband adoption.

Policymakers must be aware of the prices consumers must pay for broadband to understand the state of internet access in America. The FCC should quickly reopen the discussion on Form 477 broadband data and begin collecting price information to make informed policy decisions.