Commissioner Mignon Clyburn said the FCC should release a list of counties that would be deemed competitive in the business data services market and subject to price deregulation under a draft order tentatively slated for an April 20 vote. "The FCC should release this list immediately," she said in a statement. "This is the only way the public can truly evaluate the practical effects of the FCC’s proposed actions. If for some reason, that is unknown to me at this time, we cannot release this list expeditiously, we should delay our vote on the proposed Order until the public can see it ‘well in advance’ of a FCC vote." Incompas CEO Chip Pickering on April 4 urged release of the list of the competitive counties and said the draft order's competitive market test would cause 92 percent all locations using BDS to "see an end to protections against monopoly or duopoly pricing." The FCC's proposed action "will have serious ramifications" for the $45 billion BDS market, Clyburn said. "An integral piece of this proposed Order is a test to determine which counties will be deemed competitive, and thus deregulated. Chairman Pai has been a champion of transparency. It is puzzling, then, why he will release the text of the item, but omit a key appendix listing which counties are deemed competitive, until the Order is released. We have the information. It will become public when the Order is released. So why is it that the FCC has taken the position that it will vote on an Order before the public gets to see exactly what the Order does? Just what are we trying to hide?" A Pai spokesman dismissed Clyburn's call. Her "entire statement is based on a false premise; there is no such ‘appendix’ to the item," he emailed. "Moreover, it has been explained to Commissioner Clyburn’s office that publicly releasing the internal work product she is discussing at this point, which is not part of the Order, would violate the Trade Secrets Act. Finally, it is odd that Commissioner Clyburn had no problem voting on meeting items for over four years when the text of those items had not been made public. But now, she is calling for delay because information that is not part of a meeting item has not been made public.”

Commissioners likely will vote 2-1 along party lines to adopt a business data service order based on the FCC draft proposed Thursday by Chairman Ajit Pai, observers said Monday and Friday. Republican Commissioner Mike O'Rielly is considered likely to be supportive, and Democratic Commissioner Mignon Clyburn is seen by most as likely to dissent from the largely deregulatory BDS draft order. Meanwhile, Incompas asked the FCC to identify the counties that would be deemed "competitive" under a BDS market test in the draft, which is among the items tentatively scheduled for a vote at commissioners' April 20 meeting (see 1703300052).

Commissioners likely will vote 2-1 along party lines to adopt a business data service order based on the FCC draft proposed Thursday by Chairman Ajit Pai, observers said Monday and Friday. Republican Commissioner Mike O'Rielly is considered likely to be supportive, and Democratic Commissioner Mignon Clyburn is seen by most as likely to dissent from the largely deregulatory BDS draft order. Meanwhile, Incompas asked the FCC to identify the counties that would be deemed "competitive" under a BDS market test in the draft, which is among the items tentatively scheduled for a vote at commissioners' April 20 meeting (see 1703300052).

The FCC would loosen business data service regulation under a draft order released Thursday and placed on the tentative agenda for the April 20 commissioners' meeting, as expected (see 1703280050 and 1703290049). The 172-page BDS draft would establish "a new framework that minimizes unnecessary government intervention and allows market forces to continue working to spur entry, innovation and competition." The order "recognizes the presence of strong competition" in the BDS market and eases regulatory burdens on the providers, said an attached fact sheet.

The FCC would loosen business data service regulation under a draft order released Thursday and placed on the tentative agenda for the April 20 commissioners' meeting, as expected (see 1703280050 and 1703290049). The 172-page BDS draft would establish "a new framework that minimizes unnecessary government intervention and allows market forces to continue working to spur entry, innovation and competition." The order "recognizes the presence of strong competition" in the BDS market and eases regulatory burdens on the providers, said an attached fact sheet.

CenturyLink said its proposed acquisition of Level 3 "poses no risk of harm to competition" in the "the market for Internet services such as transit." Level 3 doesn't serve residential subscribers and "therefore the transaction will not result in a network with control over access to more residential subscribers than CenturyLink has today," said a filing posted Wednesday in docket 16-403 on a discussion CenturyLink and Level 3 representatives had with a Wireline Bureau official last week. On geographic reach, "while Level 3 provides lit services over its entire network, Level 3 also sells dark fiber where it has availability," the filing said. The companies "expect to provide additional information in the docket to supplement these points." Earlier in the week, Incompas said CenturyLink and Level 3 failed to establish that the proposed deal serves the public interest. The companies haven't shown their combination "will increase facilities-based competition -- namely that it will build connections to buildings outside of CenturyLink’s ILEC territory on a larger scale than Level 3 would on its own -- and assure competitive use of those facilities at the same or more favorable rates, terms, and conditions than those offered by Level 3 today," said an Incompas filing posted Monday: "The loss of a nationwide competitive builder creates a significant harm to customers who otherwise would have an alternative fiber provider to the incumbent monopolist." CenturyLink and Level 3 also "glossed over public interest concerns that that transaction will actually undermine competition by eliminating choice of last-mile facilities based providers for enterprise customers in many buildings," said the group, alleging the companies failed to address other concerns about their Ethernet market analysis and competitive overlap.

CenturyLink said its proposed acquisition of Level 3 "poses no risk of harm to competition" in the "the market for Internet services such as transit." Level 3 doesn't serve residential subscribers and "therefore the transaction will not result in a network with control over access to more residential subscribers than CenturyLink has today," said a filing posted Wednesday in docket 16-403 on a discussion CenturyLink and Level 3 representatives had with a Wireline Bureau official last week. On geographic reach, "while Level 3 provides lit services over its entire network, Level 3 also sells dark fiber where it has availability," the filing said. The companies "expect to provide additional information in the docket to supplement these points." Earlier in the week, Incompas said CenturyLink and Level 3 failed to establish that the proposed deal serves the public interest. The companies haven't shown their combination "will increase facilities-based competition -- namely that it will build connections to buildings outside of CenturyLink’s ILEC territory on a larger scale than Level 3 would on its own -- and assure competitive use of those facilities at the same or more favorable rates, terms, and conditions than those offered by Level 3 today," said an Incompas filing posted Monday: "The loss of a nationwide competitive builder creates a significant harm to customers who otherwise would have an alternative fiber provider to the incumbent monopolist." CenturyLink and Level 3 also "glossed over public interest concerns that that transaction will actually undermine competition by eliminating choice of last-mile facilities based providers for enterprise customers in many buildings," said the group, alleging the companies failed to address other concerns about their Ethernet market analysis and competitive overlap.

FCC Chairman Ajit Pai is expected to propose a full agenda once more for the April commissioners' meeting. In addition to business data service (BDS) (see 1703280050) and UHF ownership limit discount votes (see 1703070055), Pai is expected to tee up items on wireless and wireline infrastructure, plus a spectrum notice of inquiry, industry officials said. Pai had a similarly busy agenda for the March meeting. Meanwhile, he gave a speech touting light-touch regulation and his process moves such as publicizing drafts of all items voted on at members' meetings.

FCC Chairman Ajit Pai is expected to propose a full agenda once more for the April commissioners' meeting. In addition to business data service (BDS) (see 1703280050) and UHF ownership limit discount votes (see 1703070055), Pai is expected to tee up items on wireless and wireline infrastructure, plus a spectrum notice of inquiry, industry officials said. Pai had a similarly busy agenda for the March meeting. Meanwhile, he gave a speech touting light-touch regulation and his process moves such as publicizing drafts of all items voted on at members' meetings.

The FCC is aiming to put a business data service item on the tentative agenda Thursday for the April 20 commissioners' meeting, industry representatives told us Tuesday. Chairman Ajit Pai appears likely to circulate a deregulatory BDS draft to commissioners this week and seek a vote next month, though uncertainty remains, some said. The commission didn't comment.