NCTA Seeks Extension of BDS Comment Dates, Questions FCC's Motives
NCTA asked the FCC to extend deadlines in the business data service (BDS) rulemaking by at least 45 days for initial comments and 30 days for replies. "Faced with an opportunity to resolve a complex proceeding regarding rates charged by [ILECs] that is finally ripe for resolution after more than a decade of regulatory activity, the Commission instead issued a complicated, voluminous Further Notice that significantly expands the scope of the proceeding to cover new services, new providers, and new issues," NCTA said in a motion filed Friday in docket 16-143. "The pleading cycle adopted by the Commission fails to reflect the radically expanded scope of the proceeding, severely constrains the ability of NCTA’s member companies to meaningfully participate in this proceeding, and lends credence to concerns raised by one commissioner that ‘the outcome is predetermined.’”
The FCC had no comment. It recently denied an industry request for more time to file comments in a broadband privacy proceeding (see 1604290043). When it acts on requests for more time, the FCC usually says such extensions aren't routinely granted, but NCTA said its informal research showed the FCC had granted 52 out of 61 extension requests under Chairman Tom Wheeler. It also said "there is nothing routine about the Further Notice and the inadequate pleading cycle the Commission adopted." The proceeding has been years in the making and involves the largest data set in FCC history, it said.
"In spite of all of this history and all of this data, the Further Notice does not actually resolve these issues, or even propose rules that might resolve these issues," NCTA said. "In keeping with the dramatically expanded scope of the proceeding, the Further Notice asks hundreds of new questions about the appropriate regulatory regime to govern this $45 billion marketplace. It also seeks comment on a lengthy new analysis of the data collection by the Commission’s consultant which has not previously been subject to peer review or public review. To say this is a weighty item is an understatement." It cited various facets of the many issues raised by the Further NPRM and complexity concerns raised by commissioners who voted in favor of the item.
“The notion that parties to the proceeding should have less than two months to prepare comments and less than one month for reply comments sends an unmistakable signal that the Commission is not really interested in building a full and complete record," NCTA said. "To expect the cable industry to meet that deadline is particularly unreasonable given that, until the day the item was circulated by the Chairman, the Commission had given no notice in the fourteen year history of this proceeding that rates charged by cable operators might be subject to regulation or that there was even a reason to consider such regulation. If the agency truly seeks to obtain meaningful input from the parties and consider that input in its decision-making process, as it is required to do under the Administrative Procedures [sic] Act (APA), it must extend the deadlines for comments and reply comments by at least 45 days and 30 days respectively.”
Verizon discussed the FNPRM and the company's joint letter with Incompas (see 1604070069) in a meeting with FCC General Counsel Jon Sallet and Wireline Bureau Chief Matt DelNero. "Given the way the marketplace has developed, the FCC should adopt a regulatory framework that ensures a level playing field for all providers that offer the same or similar services," said a company filing.