Special Access Order Released, Clarifies Scope of Collection to ‘Reduce Burden’
The FCC Wireline Bureau released its mandatory special access data order Wednesday. The bureau used its delegated authority to “clarify the scope of the collection to reduce burden” to respondents, it said (http://bit.ly/1dpM6gu). After the Office of Management and Budget gives Paperwork Reduction Act approval, the bureau will announce the deadlines for data submission, it said. Commissioner Ajit Pai released a statement criticizing the bureau for overstepping its authority when it approved the collection of potential competition data on a less granular basis than the commission requested.
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The bureau had received several questions about the scope of the data collection, and who is required to file, it said. When the commission required “purchasers of dedicated service” to respond to the data collection, it didn’t intend to capture the hundreds of thousands of entities that are “simply consumers” of dedicated services but “unfamiliar with, and perhaps completely unaware of, the Commission’s requirements and proceedings,” the bureau said. It exempted 13 broad categories from responding, including end-users of an information service, commercial radio operators regulated under Part 13 of the commission’s rules, and TV and radio broadcasters regulated under Part 73 of the rules. “Defining Purchasers more broadly will not contribute substantially to the economic analysis,” said the order.
The order is designed very broadly to take a holistic look at the market, FCC officials told us. It also will gather detailed information on potential competition. Responding to concerns that people might have to do a specific geographical survey on where all the fiber goes, the bureau simplified things, officials said. To lessen the burden on responders, the agency will collect information on what streets the services run down, but may not know exactly to the foot where the actual services are, officials said. It’s similar to the level of accuracy the commission allowed in its study area boundary collection, they said.
Pai said he’s “concerned” about the bureau’s decision to collect potential competition data on a census-block rather than on a location-by-location basis. He said a “key reason” he supported December’s data collection order was because it incorporated potential competition into the analysis. Now, he said, the bureau’s order “exempts cable operators” from reporting certain “in-place but out of service facilities” that are capable of providing dedicated service. “An incomplete picture of competition in this market is likely to lead to inappropriate regulatory intervention,” Pai said, cautioning that courts may not support a challenge.
In response to Pai’s concerns, FCC officials assured us the bureau would get every location, building-by-building, where there is actual competition today. In terms of potential competition, the bureau will be able to get the specific location of facilities where special access could be made available, FCC officials said.
Rep. Doris Matsui, D-Calif., applauded the commission for moving forward with the special access analysis. “The FCC will need to move quickly to gather the data and use it to properly analyze these services to help ensure competition in the marketplace,” she said in a statement. “The more information that is gathered by the FCC the better, as it should clearly establish the state of special access services. I hope that this request will lead to appropriate action in a timely manner, which the marketplace clearly needs.”