FCC OPENS RULEMAKING TO IMPROVE BROADBAND DATA GATHERING PROGRAM

The FCC opened a rulemaking to improve its Form 477 local competition and broadband data gathering program. It proposed to extend the program for 5 years beyond its March 2005 sunset and collect more granular data from broadband service providers. Comments are due 30 days after publication in the Federal Register, replies 60 days after publication.

FCC Comr. Copps said in a statement he “fully” supported the effort, but said “our approach here is backward.” He said the Commission’s statutory inquiry into “the reasonable and timely availability” of broadband services for all Americans launched last month (CD March 12 p6) would be complete “before we improve our data collection. This is putting the cart before the horse at a time when we cannot afford to be waylaid by broadband data that tells less than the full deployment story.”

The Commission last month launched its 4th inquiry under Sec. 706 of the Telecom Act into “whether advanced telecommunications capability is being deployed to all Americans in a reasonable and timely fashion.” The agency asked commenters to provide data and ideas on how to conduct this and future Sec. 706 inquiries. The Commission announced Mon. comments on the inquiry (GN 04-54) are due May 10, replies May 24.

The FCC said the information collected in the program “helps the Commission and the public understand the extent of local telephone competition and broadband deployment, which is important to the nation’s economic, educational and social well-being.” The FCC said the collected data had showed “steady progress” in the development of local telephone service competition and nationwide broadband deployment. It said the data showed that broadband and local telephone service from CLECs were available in all 50 states, D.C. and Puerto Rico, with broadband service also available in the U.S. Virgin Islands.

“Extending this program is extremely important,” FCC Comr. Adelstein said: “Access to more granular data… would give policy-makers a better understanding of the types of services and locations of services being deployed.” He said it was “critical that we understand with greater nuance whether consumers in rural areas are receiving access to broadband services comparable to those deployed in urban areas and whether those services are available at comparable prices.”

Adelstein said, however, he was “disappointed” that additional data collected through this program wouldn’t be available in time for the agency’s current Sec. 706 inquiry and its broadband deployment report to be issued this fall: “With this timing, we miss a golden opportunity to contribute to the public dialogue over how best to speed broadband deployment.”

The FCC proposed to expand the program’s scope to “capture some additional data that could allow us to more precisely analyze availability.” It proposed to impose the modified reporting requirements with the filing of Dec. 31, 2004, data on March 1, 2005, subject to OMB approval of the revised form. The proposed broadband reporting revisions include: (1) More detailed reporting about the deployment of technologies to serve mass market broadband end users, particularly cable modem and DSL connections. (2) More detailed tracking, over time, of marketplace adoption of increasingly fast broadband connections. (3) More detailed tracking of marketplace adoption of new broadband technologies. The FCC said it sought comment on the potential benefits and burden of those revisions.

With respect to the proposed categorization of broadband connections by technology and information transfer rates, the agency said it sought comment on the “appropriateness of the proposed categories from technical and marketplace perspectives.” It asked whether it should modify its reporting instructions “to require filers to categorize broadband connections according to the information transfer rates actually observed by end users and what operations issues, if any, this would pose.”

The FCC said it also believed it was “important” to continue to monitor local service competition developments, especially because of the recent conclusion of its Sec. 271 proceedings allowing the Bells to enter domestic long distance markets. It proposed: (1) To extend the program to collect wireline and mobile local telephone data for 5 years after the currently-scheduled sunset in March 2005. (2) To require carriers to “report the extent to which they are also the end user’s default interstate long distance carrier.” The FCC asked for comment on the benefits and burdens of the proposed modifications and on whether clarification of current requirements was needed.

The FCC also sought comments on: (1) Whether it should require filers to specify the number of high-speed connections by technology, in particular zip codes. It asked whether it should require them to report, for each zip code, the number of connections provided in various “speed tiers,” and whether that information should be reported separately by technology. “This information, alone and in combination with Census data, would better enable us to track the marketplace acceptance of broadband,” the Commission said: “It would add yet more detail to the picture of competition between established providers of cable modem and DSL-based services, and emerging providers.” (2) “Whether eliminating or lowering the reporting threshold for broadband data… would yield significantly improved data about broadband development, particularly in rural areas.” It said it believed that current data collection missed “several hundred small facilities-based providers,” such as rural ILECs, wireless Internet service providers and municipalities.

(3) Whether the Commission should adopt “a lower threshold for reporting local telephone competition data, and if so, what that threshold should be.” (4) Whether it could modify its data publication policies “without jeopardizing legitimate claims of confidentiality.” (5) Whether it should modify any of its other data use policies. (6) Whether it should conduct or commission a consumer survey to “develop a better understanding of consumer adoption and usage of broadband services.”

Copps said launching the rulemaking represented “a positive step toward more and better information about the real rate of deployment of advanced services in this country.” He said he was “especially pleased” that the agency sought comment on requiring filers to specify the number of connections, by technology and service speed, in reporting zip codes. “This will make it possible for the Commission to have access to data that will improve our analysis and enhance our decision-making,” he said.

The FCC also denied a petition by Iowa Telecom Services seeking adoption of annual statistical sampling for certain rural telephone companies instead of reporting Form 477 data. “Iowa Telecom has not raised materially new or persuasive arguments beyond those considered in the Data Gathering Order, nor has it alleged substantially changed circumstances to justify the requested relief,” the Commission said.