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At Urging of Competify Coalition of Telecom Competitors, FCC Launches Inquiry of Broadband Business Services

WASHINGTON, October 19, 2015 – The Federal Communications Commission on Friday announced that it had launched an investigation into the broadband pricing plans of local exchange carriers AT&T, CenturyLink, Frontier and Verizon Communications for so-called “special access services” of business data.

A coalition of competitive carriers and non-profit organizations dubbed Competify has been urging the inquiry, and praised Friday’s order by the agency’s Wireline Communications Bureau.

Competify_Illustration_09122015-e1442430516826

“The incumbents use inherently anticompetitive lock-up plans – which only an entity with immense market power could impose – to charge businesses and anchor institutions excessive access rates that harm competition, restrain the deployment of competitive facilities, and impede the transition to next-generation services,” according to a statement released by the group.

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WASHINGTON, October 19, 2015 – The Federal Communications Commission on Friday announced that it had launched an investigation into the broadband pricing plans of local exchange carriers AT&T, CenturyLink, Frontier and Verizon Communications for so-called “special access services” of business data.

A coalition of competitive carriers and non-profit organizations dubbed Competify has been urging the inquiry, and praised Friday’s order by the agency’s Wireline Communications Bureau.

“The incumbents use inherently anticompetitive lock-up plans – which only an entity with immense market power could impose – to charge businesses and anchor institutions excessive access rates that harm competition, restrain the deployment of competitive facilities, and impede the transition to next-generation services,” according to a statement released by the group.

Competify_Illustration_09122015-e1442430516826

 

 

 

 

 

 

 

 

 

 

 

 

Among the companies supporting the campaign include BT, Level 3, Sprint and  XO Communications, together with a range of non-profit organizations.

The US Telecommunications Association struck back. Said association president Walter McCormick: “At the very time the commission is expressing concern over the growing dominance of cable in the overall broadband marketplace, and acknowledging that burdensome legacy regulation of telecom companies is misdirecting investment and hindering competition, it launches an old-fashioned ‘tarriff’  investigation of the only competitors in the marketplace who are required to operate under last century’s antiquated rules.”

Specifically, according to the order launching the investigation, the inquiry concerns “only a subset of specialized telecommunications services that continue to operate under tariffs,” namely time-division multiplexed (TDM) business data services such as DS1 and DS3 channel terminations under dedicated copper-based circuits.

“While competitors continue to expand their market presence by building IP [internet protocol]-based facilities or extending purchased TDM based facilities to additional buildings, preliminary results from the Commission’s data collection show that incumbent LECs remain the sole facilities-based provider of TDM-based special access services to a majority of business locations that demand or are likely to demand business data services nationwide.”

Rep. Anna Eshoo, D-Calif., and Rep. Mike Doyle, D-Penn., applauded the FCC’s investigation “that major telecom companies in the U.S. have been stifling competition in the $40 billion a year market for special access.”

“For too long, companies that utilize special access service have alleged that these services are only offered with unreasonable conditions attached, aimed at driving competitors out of this space,” wrote the representatives.

Other articles on the inquiry and Comptetify:

The Hill: http://thehill.com/policy/technology/257227-four-companies-at-center-of-fcc-probe-into-special-access-market

Multichannel News: http://www.multichannel.com/news/fcc/competify-launches-broadband-competition-campaign/394429

Drew Clark is the Chairman of the Broadband Breakfast Club. He tracks the development of Gigabit Networks, broadband usage, the universal service fund and wireless policy @BroadbandCensus. He is also Of Counsel with the firm of Best Best & Krieger LLP, with offices in California and Washington, DC. He works with cities, special districts and private companies on planning, financing and coordinating efforts of the many partners necessary to construct broadband infrastructure and deploy “Smart City” applications. You can find him on LinkedIN and Twitter. The articles and posts on BroadbandBreakfast.com and affiliated social media are not legal advice or legal services, do not constitute the creation of an attorney-client privilege, and represent the views of their respective authors.

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FCC

FCC to Gather Information on Offshore Spectrum, Accurate 911 Call Routing

The FCC is examining the need and use cases for allocating spectrum for offshore use.

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Photo of Nathan Simington

WASHINGTON, June 8, 2022 – The Federal Communications Commission voted in an open meeting Wednesday to examine technology that can improve wireless 911 call routing, propose a fine for interrupting U.S. forest service radio communications, and to seek comment on offshore spectrum needs and uses.

The FCC voted to begin gathering information through public comment on the “possible current and future needs, uses, and impacts of offshore wireless spectrum use,” including for cruise ships, oceanography and wind turbine projects. Other options, like satellite-based systems, are available to provide service.

The construction and operation of windfarms in the Atlantic and Pacific oceans and communication services between at-sea vessels require offshore spectrum. The notice of inquiry asks what other cases exist that require offshore spectrum access that are not being provided for under existing models.

“We seek more broadly to understand the extent of the demand to use offshore spectrum and more generally where that demand is concentrated,” stated the inquiry.

“It is important that the FCC stay ahead of the curve in its consideration of upcoming commercial spectrum needs and this item does just that,” said commissioner Nathan Simington.

911 call routing

The FCC launched an examination into technology that could result in faster response times by more precisely routing wireless 911 calls to the correct call center.

Some wireless emergency calls are made near city or county borders where the closest call center is in the neighboring jurisdiction, resulting in lost time as calls are rerouted to the correct call center.

Since 2018, when the FCC issued a Notice of Inquiry seeking comment on feasibility of routing 911 calls based on location of the caller versus location of the cellular tower, there have been many advancements in location-based routing technology. The FCC issued a Public Notice Wednesday seeking updated information on these technologies and the feasibility of adopting them into public use.

Last month, AT&T announced a new technology that would allow dispatchers to get a more accurate location of distressed calls by using the phone’s GPS.

Proposed fine for violating radio interference rules

The FCC also proposed a $34,000 fine Wednesday against Jason Frawley who, in 2021, allegedly interfered with radio communications that were guiding firefighting during the 1000-acre wildfire near Elk River, Idaho.

Frawley reportedly admitted to a Forest Service supervisor that he broadcasted on government frequencies in direct defiance to the Communications Act which prohibits any interference with authorized radio communications.

Neither the allegations nor the proposed sanctions are final FCC actions, said the press release.

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FCC

FCC Seeks Comment on Higher Broadband Speeds and Increased Security Measures for Certain Carriers

FCC will consider raising the speed standard for certain carriers that receive fixed monthly funding from the agency.

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Screenshot of FCC Commissioner Geoffrey Sparks

WASHINGTON, May 19, 2022 – The Federal Communications Commission voted at its open meeting Thursday to seek comment on enhancing the Alternative Connect America Cost Model program, which would raise speed deployment obligations and align security goals with the Infrastructure, Investment and Jobs Act.

The ACAM program, established in 2016, provides fixed monthly funding to certain carriers serving high-cost and hard-to-reach areas in return for commitments to provide broadband service to all eligible locations.

The ACAM broadband coalition requested that broadband deployment obligations be raised from the current federal standard of 25 Megabits per second download and 3 Mbps upload to 100/20 Mbps, the standard now set by the IIJA that will then be required of ACAM carriers to deliver.

Baseline cybersecurity proposal

The FCC is also requesting comment on whether it should “require A-CAM carriers and carriers receiving high-cost support to have a baseline cybersecurity and supply chain risk management plans.”

Commissioner Geoffrey Sparks indicated that the FCC will focus its efforts on harmonizing ACAM’s modification proposal with cyber security standards indicated in the Broadband, Equity, Access and Deployment program, which is managed by the Commerce Department’s National Telecommunications and Information Administration and that will be disbursing billions in broadband infrastructure funding.

“Networks that are subsidized or built with federal funds must be secure,” Sparks said. “This is evident in the constant barrage of attacks on American networks from hostile state and non-state actors.”

FCC Chairwoman Jessica Rosenworcel, who said the FCC is looking to align its goals with the IIJA, concluded that “this is not the only effort we’re making to ensure that new broadband programs are working hand-in-glove with long-standing FCC efforts.”

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FCC

Treasury Department Joins FCC, USDA and NTIA in Collaborating on Broadband Funding

Agency leaders sign pact to formalize information-sharing on broadband deployment projects.

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Photo of Janet Yellen from January 2018 by the European Central Bank

WASHINGTON, May 13, 2022—Just in advance of the deadline for the release of the funding requirements under the Infrastructure Investment and Jobs act, the four principal federal agencies responsible for broadband funding released an interagency agreement to share information about and collaborate regarding the collection and reporting of certain data and metrics relating to broadband deployment.

The agencies are the Federal Communications Commission, the U.S. Department of Agriculture, the National Telecommunications and Information Administration of the Commerce Department, and the U.S. Department of the Treasury.

The Memorandum of Understanding is the latest development in federal efforts to coordinate high-speed internet spending, and the Treasury Department is the new addition to agreement.

The other three agencies signed a prior memorandum in June 2021 to coordinate the distribution of federal high-speed internet funds. That June 2021 Memorandum of Understanding remains in effect.

The respective Cabinet and Agency leaders announced that their agencies will consult with one another and share information on data collected from programs administered by the FCC, the USDA’s Rural Utilities Service, programs administered or coordinated by NTIA, and Treasury’s Coronavirus Capital Projects Fund and State and Local Fiscal Recovery Fund.

“No matter who you are or where you live in this country, you need access to high-speed internet to have a fair shot at 21st century success. The FCC, NTIA, USDA and Treasury are working together like never before to meet this shared goal,” said FCC Chairwoman Jessica Rosenworcel. “Our new interagency agreement will allow us to collaborate more efficiently and deepen our current data sharing relationships[and] get everyone, everywhere connected to the high-speed internet they need.”

Agriculture Secretary Tom Vilsack said, “When we invest in rural infrastructure, we invest in the livelihoods and health of people in rural America. High-speed internet is the new electricity.  It is necessary for Americans to do their jobs, to participate equally in school learning, to have access to health care and to stay connected.”

“USDA remains committed to being a strong partner with rural communities and our state, Tribal and federal partners in building ‘future-proof’ broadband infrastructure in unserved and underserved areas so that we finally reach 100 percent high-speed broadband coverage across the country.”

“Our whole-of-government effort to expand broadband adoption must be coordinated and efficient if we are going to achieve our mission,” said Alan Davidson, Assistant Secretary of Commerce for Communications and Information and head of the NTIA, the agency responsible for administering the vast bulk of the broadband funding.

“This MOU will allow us to build the tools we need for even better data-sharing and transparency in the future,” he said.

“Treasury is proud to work with our federal agency partners to achieve President Biden’s goal of closing the nation’s digital divide,” said U.S. Treasury Secretary Janet L. Yellen.  “Access to affordable, high-speed internet is critical to the continued strength of our economy and a necessity for every American household, school, and business.”

As part of the signed agreement, each federal agency partner will share information about projects that have received or will receive funding from the previously mentioned federal funding sources.  More information on what the interagency Memorandum of Understanding entails can be found on the FCC’s website.  The agreement is effective at the date of its signing, May 11, 2022.

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