FCC should withdraw its cable modem declaratory ruling and refrai...

FCC should withdraw its cable modem declaratory ruling and refrain from rulemaking in any of 4 broadband proceedings until it has learned enough to propose single set of coherent and internally consistent rules that parties can address, American Public Power Assn. (APPA) said in filing. Commission’s NPRM doesn’t contain “terms or substance” of any proposed rules, nor does it give interested parties sufficient information to determine kinds, scope or topics of specific rules that agency may adopt, APPA said. FCC merely sets forth some tentative conclusions and asks questions about consequences of those conclusions, it said, and process falls short of rulemaking requirements under Administrative Procedure Act. There are 450 public power systems that operate communications systems capable of providing broadband services, APPA said, and it called for incentives and “assurances of protection” from state barriers to entry and predatory practices by incumbents in order for them to fill service gaps caused by bankruptcies of CLECs and overbuilders. APPA said it was concerned that Commission’s actions in broadband rulemaking proceedings could exacerbate predatory pricing and anticompetitive practices of incumbents.