The Phoenix Center urged the FCC to disregard a "flawed" WIK-Consult report on business data services as the commission considers BDS regulation. Incompas had submitted the report in a docket 16-143 filing and said it showed BDS price reductions would have "spill-over effects that multiply the benefits" and promote a "virtuous cycle" (see 1607280060). But the report contains various errors, including "a focus on irrelevant factors, inaccurate computations, self-contradictory claims, and improper benchmarks," said a Phoenix Center release highlighting a longer study of the report. "The BDS proceeding is a dumping ground for inexpert economic analysis, including the WIK-Consult Report," said Phoenix Center Chief Economist and study author George Ford in the release. "Such dross is a direct consequence of the FCC's demonstrable disregard for serious economic analysis." Incompas emailed a response from CEO Chip Pickering: "The Phoenix Center will do and say anything to protect pro monopoly policy. The Phoenix Center believes competition is a dirty word, but fortunately we have two decades of innovation and investment success stories to disprove and debunk their ongoing attempts to raise monopoly policy from the ashes of the past." Incompas emailed a response from CEO Chip Pickering: "The Phoenix Center will do and say anything to protect pro monopoly policy. The Phoenix Center believes competition is a dirty word, but fortunately we have two decades of innovation and investment success stories to disprove and debunk their ongoing attempts to raise monopoly policy from the ashes of the past."

The Phoenix Center urged the FCC to disregard a "flawed" WIK-Consult report on business data services as the commission considers BDS regulation. Incompas had submitted the report in a docket 16-143 filing and said it showed BDS price reductions would have "spill-over effects that multiply the benefits" and promote a "virtuous cycle" (see 1607280060). But the report contains various errors, including "a focus on irrelevant factors, inaccurate computations, self-contradictory claims, and improper benchmarks," said a Phoenix Center release highlighting a longer study of the report. "The BDS proceeding is a dumping ground for inexpert economic analysis, including the WIK-Consult Report," said Phoenix Center Chief Economist and study author George Ford in the release. "Such dross is a direct consequence of the FCC's demonstrable disregard for serious economic analysis." Incompas emailed a response from CEO Chip Pickering: "The Phoenix Center will do and say anything to protect pro monopoly policy. The Phoenix Center believes competition is a dirty word, but fortunately we have two decades of innovation and investment success stories to disprove and debunk their ongoing attempts to raise monopoly policy from the ashes of the past." Incompas emailed a response from CEO Chip Pickering: "The Phoenix Center will do and say anything to protect pro monopoly policy. The Phoenix Center believes competition is a dirty word, but fortunately we have two decades of innovation and investment success stories to disprove and debunk their ongoing attempts to raise monopoly policy from the ashes of the past."

A top lobbyist for Incompas is shifting some aspects of his role for the association. Alan Hill, who was Incompas' senior vice president-government relations and strategic business development, will continue his legislative activities for Incompas under the banner of the J.A. Hill Group firm, which began lobbying on behalf of Incompas and BT Americas effective July 1. Those disclosure forms were posted earlier this week (see 1608010026). Hill, who has been with Incompas since 2011 and was previously legislative director for ex-Rep. Cliff Stearns, R-Fla., told us the effect should be seamless in terms of lobbying, and he began considering the shift after his wife, Joy Ditto, became president of the Utilities Telecom Council in April. His lobbying for Incompas will focus on broadband data services, privacy, video reform and general competition issues, the registration form said. He registered a website for the firm May 5 but told us it’s still not up and running yet. Hill “is now representing INCOMPAS as an independent consultant,” a group spokesman told us. “He remains the main point of contact for legislative matters for INCOMPAS.” Incompas removed Hill from its staffers listing on its website this week.

A top lobbyist for Incompas is shifting some aspects of his role for the association. Alan Hill, who was Incompas' senior vice president-government relations and strategic business development, will continue his legislative activities for Incompas under the banner of the J.A. Hill Group firm, which began lobbying on behalf of Incompas and BT Americas effective July 1. Those disclosure forms were posted earlier this week (see 1608010026). Hill, who has been with Incompas since 2011 and was previously legislative director for ex-Rep. Cliff Stearns, R-Fla., told us the effect should be seamless in terms of lobbying, and he began considering the shift after his wife, Joy Ditto, became president of the Utilities Telecom Council in April. His lobbying for Incompas will focus on broadband data services, privacy, video reform and general competition issues, the registration form said. He registered a website for the firm May 5 but told us it’s still not up and running yet. Hill “is now representing INCOMPAS as an independent consultant,” a group spokesman told us. “He remains the main point of contact for legislative matters for INCOMPAS.” Incompas removed Hill from its staffers listing on its website this week.

FCC Chairman Tom Wheeler phoned CEOs of content companies to try to win their support for the set-top rulemaking days before the Copyright Office issued a letter slamming the FCC plan, content company officials told us. CO opinion undermines Wheeler's efforts and backs up criticisms of the FCC plan from content companies and Commissioner Jessica Rosenworcel (see 1607120078), content company officials told us. Advocates of the FCC plan urged the commission to reject CO's position, but Commissioner Ajit Pai said in a statement Thursday that the critique should be “the final nail in the coffin” for the FCC proposal. Wheeler said Thursday in a news conference after commissioners' meeting that the FCC plan wouldn't violate copyright law, and many of the suggestions in the pay-TV backed apps proposal would be “adopted" in the final order.

FCC Chairman Tom Wheeler phoned CEOs of content companies to try to win their support for the set-top rulemaking days before the Copyright Office issued a letter slamming the FCC plan, content company officials told us. CO opinion undermines Wheeler's efforts and backs up criticisms of the FCC plan from content companies and Commissioner Jessica Rosenworcel (see 1607120078), content company officials told us. Advocates of the FCC plan urged the commission to reject CO's position, but Commissioner Ajit Pai said in a statement Thursday that the critique should be “the final nail in the coffin” for the FCC proposal. Wheeler said Thursday in a news conference after commissioners' meeting that the FCC plan wouldn't violate copyright law, and many of the suggestions in the pay-TV backed apps proposal would be “adopted" in the final order.

CenturyLink and Frontier Communications voiced concern to FCC leadership that the agency's proposed framework for business data services wouldn't reflect how carriers negotiate in the BDS market, including for wireless backhaul. "Market conditions have shifted considerably since the FCC’s 2013 data set, which was not accurate and which is now three years old," said a joint filing posted Wednesday on company officials' meetings with FCC Chairman Tom Wheeler, Commissioners Michael O'Rielly and Ajit Pai, and various staffers. "We also explained that price regulation will distort and deter competition in the BDS market; prices set too low will preclude competitors from entering the market." They said wireline networks are critical to helping wireless providers meet "exponential" wireless data growth. "In 2015, for the first time, more wireless data traffic was offloaded onto a wired network than data carried over wireless infrastructure and that trend is increasing," the filing said. "The current BDS rulemaking would reduce, not increase, incentives to invest in much-needed wireline fiber-optic infrastructure that provides the foundation for offloading wireless data. We reiterated that it is important that any regime the FCC adopts does not deter investment, especially in rural areas." Also making recent filings in docket 16-143 were Comcast, FairPoint Communications, Incompas, Level 3, USTelecom, Windstream and Washington Gov. Jay Inslee (D).

CenturyLink and Frontier Communications voiced concern to FCC leadership that the agency's proposed framework for business data services wouldn't reflect how carriers negotiate in the BDS market, including for wireless backhaul. "Market conditions have shifted considerably since the FCC’s 2013 data set, which was not accurate and which is now three years old," said a joint filing posted Wednesday on company officials' meetings with FCC Chairman Tom Wheeler, Commissioners Michael O'Rielly and Ajit Pai, and various staffers. "We also explained that price regulation will distort and deter competition in the BDS market; prices set too low will preclude competitors from entering the market." They said wireline networks are critical to helping wireless providers meet "exponential" wireless data growth. "In 2015, for the first time, more wireless data traffic was offloaded onto a wired network than data carried over wireless infrastructure and that trend is increasing," the filing said. "The current BDS rulemaking would reduce, not increase, incentives to invest in much-needed wireline fiber-optic infrastructure that provides the foundation for offloading wireless data. We reiterated that it is important that any regime the FCC adopts does not deter investment, especially in rural areas." Also making recent filings in docket 16-143 were Comcast, FairPoint Communications, Incompas, Level 3, USTelecom, Windstream and Washington Gov. Jay Inslee (D).

Lawmakers told us a potential revival next year of a 1996 Telecom Act rewrite effort may be better positioned than the effort derailed during this Congress. Capitol Hill Republicans blamed the FCC net neutrality rulemaking for the initiative’s stalling, and it's unknown whether a future rewrite effort can avoid the partisan conflicts that characterized net neutrality debates. One delicate factor in the latest open internet battles involved which Communications Act statutes the FCC should use to address broadband service, laws that could be subject to change in any overhaul of the broader law.

Lawmakers told us a potential revival next year of a 1996 Telecom Act rewrite effort may be better positioned than the effort derailed during this Congress. Capitol Hill Republicans blamed the FCC net neutrality rulemaking for the initiative’s stalling, and it's unknown whether a future rewrite effort can avoid the partisan conflicts that characterized net neutrality debates. One delicate factor in the latest open internet battles involved which Communications Act statutes the FCC should use to address broadband service, laws that could be subject to change in any overhaul of the broader law.