FCC Proposes Max Fine Against BarrierFree for Form 477 Violations
The FCC proposed a $163,912 fine, the maximum allowed, against BarrierFree 4-1 Wednesday for allegedly reporting inaccurate data that “significantly inflated its broadband subscription numbers, failing to file required deployment data, making false statements to Commission investigators, and failing to…
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respond to other inquiries.” The company reported in three filings “vastly more broadband subscribers than there were housing units in the Suffolk County, New York, census tracts where it reported providing service,” said a news release: BarrierFree “apparently failed to submit its March 2019 broadband deployment data Form 477 filing, provide accurate responses to Letters of Inquiry issued by the Commission’s Enforcement Bureau during the course of its investigation, and fully respond to those Letters of Inquiry.” Partially dissenting Commissioner Jessica Rosenworcel asked why the FCC took so long to clamp down on the ISP, since it had apparently failed to file the required form 27 different times. “For too long the FCC has fumbled efforts to fix its broadband data and put off initiatives to improve its maps, making it more difficult to close the digital divide -- both during this pandemic and beyond,” she said: “Regrettably, today’s enforcement action is another episode in this continuing mess.” The proposed fine is too small, though all the law allows, said Commissioner Geoffrey Starks, voting to concur with the action. The case points to the need for “robust verification and challenge processes,” he said: “The forfeiture proposed here cannot be … severe enough to adequately address the harm BarrierFree caused and deter future violations.” The provider didn't comment.