Incompas urged the FCC to address wholesale access to business data services (BDS), pole attachments, access to multiple dwelling unit (MDU) residences and video programming. "Pro-competition policy is key to encouraging build-out of new broadband infrastructure that is both fast and affordable," said an Incompas filing Monday in docket 16-138 and others on a meeting that CEO Chip Pickering and another official had with FCC Chairman Ajit Pai and an aide. It said the group was encouraged by Pai's creation of a broadband deployment advisory committee (see 1701310033) and would do everything it can to assist the effort. Incompas said competitors have made significant investments to build broadband facilities to provide BDS to enterprise customers. "Nonetheless, given the bleak reality that last-mile facilities are uneconomic to duplicate in many instances, the footprint-barrier can only be overcome through reasonable wholesale access policies and pricing that enable providers (including incumbents attempting to compete outside their incumbent territories) to extend the geographic reach of their networks to off-net locations to create the multi-location service packages that this customer segment demands and encourage deployment where economically feasible," the filing said. On pole attachments, the group recommended the FCC amend its rules to authorize "one touch make-ready" service, whereby a contractor approved by the pole owner can do all make-ready work at one time. It also urged the FCC to (1) address incumbent provider use of "contractual methods to stymie development" of competitive broadband and video services in MDUs, and (2) help small video providers gain affordable access to video programming.

Incompas urged the FCC to address wholesale access to business data services (BDS), pole attachments, access to multiple dwelling unit (MDU) residences and video programming. "Pro-competition policy is key to encouraging build-out of new broadband infrastructure that is both fast and affordable," said an Incompas filing Monday in docket 16-138 and others on a meeting that CEO Chip Pickering and another official had with FCC Chairman Ajit Pai and an aide. It said the group was encouraged by Pai's creation of a broadband deployment advisory committee (see 1701310033) and would do everything it can to assist the effort. Incompas said competitors have made significant investments to build broadband facilities to provide BDS to enterprise customers. "Nonetheless, given the bleak reality that last-mile facilities are uneconomic to duplicate in many instances, the footprint-barrier can only be overcome through reasonable wholesale access policies and pricing that enable providers (including incumbents attempting to compete outside their incumbent territories) to extend the geographic reach of their networks to off-net locations to create the multi-location service packages that this customer segment demands and encourage deployment where economically feasible," the filing said. On pole attachments, the group recommended the FCC amend its rules to authorize "one touch make-ready" service, whereby a contractor approved by the pole owner can do all make-ready work at one time. It also urged the FCC to (1) address incumbent provider use of "contractual methods to stymie development" of competitive broadband and video services in MDUs, and (2) help small video providers gain affordable access to video programming.

Analysts remain bullish about the prospects of CenturyLink's planned buy of Level 3 (see 1610280052) despite new criticisms filed at the FCC, this time by Frontier Communications and Public Knowledge. "The odds of the deal closing have to be judged as being quite high," and the limited opposition "only reinforces the point," Nick Del Deo of MoffettNathanson told us Thursday. Chris Antlitz, Technology Business Research analyst, agreed: "There will be some competitive considerations and investment considerations that will need to be reviewed and negotiated, but I still think the merger will ultimately go through with minimal concessions." The FCC is considering a CenturyLink/Level 3 application to transfer licenses; the deal is also being reviewed by DOJ on antitrust grounds, and by state regulators.

Analysts remain bullish about the prospects of CenturyLink's planned buy of Level 3 (see 1610280052) despite new criticisms filed at the FCC, this time by Frontier Communications and Public Knowledge. "The odds of the deal closing have to be judged as being quite high," and the limited opposition "only reinforces the point," Nick Del Deo of MoffettNathanson told us Thursday. Chris Antlitz, Technology Business Research analyst, agreed: "There will be some competitive considerations and investment considerations that will need to be reviewed and negotiated, but I still think the merger will ultimately go through with minimal concessions." The FCC is considering a CenturyLink/Level 3 application to transfer licenses; the deal is also being reviewed by DOJ on antitrust grounds, and by state regulators.

The FCC asked a court to hold off on reviewing the agency's new process for designating Lifeline broadband providers, which is being challenged by NARUC and various states (see 1701310007). "Holding these cases in abeyance will allow the newly constituted Commission an opportunity to determine how it plans to proceed with respect to these cases," the FCC told the U.S. Court of Appeals for the D.C. Circuit in a filing Friday (in Pacer) in NARUC v. FCC, No. 16-1170. "The United States does not oppose this motion. We are also authorized to state that petitioners and their supporting intervenor do not oppose a limited term abeyance of 90 days." The commission also asked the D.C. Circuit to hold in abeyance its review of challenges to FCC business data service tariff investigation orders for similar reasons. "Undersigned counsel is authorized to represent that Petitioner AT&T and Intervenor CenturyLink consent to the motion, Respondent the United States does not oppose the motion, and Intervenors Level 3 Communications, Sprint Corporation, INCOMPAS, and the Ad Hoc Telecommunications Users Committee take no position on the motion," said an FCC filing (in Pacer) Friday in AT&T v. FCC, No. 16-1145.

The FCC asked a court to hold off on reviewing the agency's new process for designating Lifeline broadband providers, which is being challenged by NARUC and various states (see 1701310007). "Holding these cases in abeyance will allow the newly constituted Commission an opportunity to determine how it plans to proceed with respect to these cases," the FCC told the U.S. Court of Appeals for the D.C. Circuit in a filing Friday (in Pacer) in NARUC v. FCC, No. 16-1170. "The United States does not oppose this motion. We are also authorized to state that petitioners and their supporting intervenor do not oppose a limited term abeyance of 90 days." The commission also asked the D.C. Circuit to hold in abeyance its review of challenges to FCC business data service tariff investigation orders for similar reasons. "Undersigned counsel is authorized to represent that Petitioner AT&T and Intervenor CenturyLink consent to the motion, Respondent the United States does not oppose the motion, and Intervenors Level 3 Communications, Sprint Corporation, INCOMPAS, and the Ad Hoc Telecommunications Users Committee take no position on the motion," said an FCC filing (in Pacer) Friday in AT&T v. FCC, No. 16-1145.

FCC Chairman Ajit Pai said a new broadband deployment advisory committee (BDAC) would seek ways to spur the rollout of high-speed internet access networks and close the digital divide. He said the BDAC would be charged with identifying regulatory barriers to broadband infrastructure investment, and recommending actions to remove or reduce them. The panel also would draft a model code for localities to follow to encourage deployment, he said, announcing its formation in a statement at the commissioners' Tuesday meeting, followed by a news release and a public notice (documents here).

FCC Chairman Ajit Pai said a new broadband deployment advisory committee (BDAC) would seek ways to spur the rollout of high-speed internet access networks and close the digital divide. He said the BDAC would be charged with identifying regulatory barriers to broadband infrastructure investment, and recommending actions to remove or reduce them. The panel also would draft a model code for localities to follow to encourage deployment, he said, announcing its formation in a statement at the commissioners' Tuesday meeting, followed by a news release and a public notice (documents here).

Incompas lamented the FCC's inability to update business data service regulation, as it responded to news that Chairman Ajit Pai had pulled a draft BDS order circulated by previous Chairman Tom Wheeler (see 1701280001). “Failure to fix the broken business broadband marketplace has saddled America with consolidation, not competition, and poses a serious threat to infrastructure goals necessary to putting America first in the race for faster, more affordable networks of the future," CEO Chip Pickering said in a statement Monday. “Without real broadband choice, business customers -- including hotels, schools, hospitals and libraries -- will remain trapped by monopoly rents. We must stop forcing businesses to pay more for slower speeds, and start encouraging competition that will unleash billions in new private network investment and create new jobs. ... We hope the FCC will re-engage and not let business broadband competition and the 5G future slip away.” Other stakeholders we queried declined to comment.

Incompas lamented the FCC's inability to update business data service regulation, as it responded to news that Chairman Ajit Pai had pulled a draft BDS order circulated by previous Chairman Tom Wheeler (see 1701280001). “Failure to fix the broken business broadband marketplace has saddled America with consolidation, not competition, and poses a serious threat to infrastructure goals necessary to putting America first in the race for faster, more affordable networks of the future," CEO Chip Pickering said in a statement Monday. “Without real broadband choice, business customers -- including hotels, schools, hospitals and libraries -- will remain trapped by monopoly rents. We must stop forcing businesses to pay more for slower speeds, and start encouraging competition that will unleash billions in new private network investment and create new jobs. ... We hope the FCC will re-engage and not let business broadband competition and the 5G future slip away.” Other stakeholders we queried declined to comment.