Export Compliance Daily is a service of Warren Communications News.
‘Profound Disappointment’

Free Press Wants FCC to Pull Draft Order on Collection of Broadband Deployment Data

Free Press is so disappointed with the FCC’s circulating order on collection of broadband deployment data that it’s urging the commission to pull the draft so it can be retooled. Research Director Derek Turner “expressed profound disappointment” to agency officials Wednesday about a draft item that “doesn’t adopt any of the recommendations made in the National Broadband Plan or by the Department of Justice” (http://bit.ly/ZPvNV7). An agency official told us it’s “unlikely” that the draft will be pulled at this point. The order is scheduled for a vote at the FCC’s June 27 meeting.

Sign up for a free preview to unlock the rest of this article

Export Compliance Daily combines U.S. export control news, foreign border import regulation and policy developments into a single daily information service that reliably informs its trade professional readers about important current issues affecting their operations.

"The Form 477 Order makes important improvements in data collection, and delay would jeopardize collection of deployment data needed for the National Broadband Map and for expanding broadband in rural America through the Connect America Fund and universal service, among other uses,” an FCC spokesman said. “We welcome ongoing suggestions for further improvements to the data collection."

The order, which proposes FCC collection of broadband deployment data to help populate the National Broadband Map (CD June 7 p16), has broad consensus among the commissioners, FCC officials told us. The FCC would take over the role currently held by NTIA, whose collection of the same data is set to expire at the end of FY 2014. The deployment data will be collected as part of Form 477, which currently collects subscriber numbers only for voice and broadband services.

But to Free Press, the FCC isn’t going far enough. “What the draft order does is pick up the NTIA’s soon-to-be discontinued effort of collecting broadband availability data at the Census block level,” it said. “While it is important to continue to monitor availability at this granular level, we must not abandon the equally, if not far more important, needs to collect pricing data and to open the data up to outside analysts."

The National Broadband Plan called for the FCC to collect and publish “detailed, market-by-market information” on pricing and competition, and make additional data available to researchers who could conduct additional competition analyses, Free Press said. The DOJ added its own advice, asking the commission to collect data on pricing plans and subscriptions, calling such data “invaluable for the purpose of assessing broadband competition,” it said, quoting the DOJ’s 2010 comments.

Agency officials confirmed that the draft order doesn’t collect pricing information, and doesn’t make underlying Form 477 data available to outside researchers. However, it does explore the idea, an FCC official said. But the commission is not sure how to release the data in a way that protects confidentiality, the official said, adding that this is something that the Wireline Bureau could look at further down the road, and come up with recommendations.

The agency is still considering the details of a potential client-side app that broadband providers could use to collect data about deployment, making it easier for providers to report geographical locations to the commission, an agency official said. The order will probably discuss a client-side app, but details -- such as whether app use would be voluntary -- are still up in the air, the official said.