Excerpt from a letter sent by Senator John Thune, U.S. Senate Commerce Committee Chairman, to FCC Chairman Tom Wheeler:
Leadership of the Federal Communications Commission (FCC) will soon change. Congressional oversight of the execution of our nation’s communications policies will continue. Any action taken by the FCC following November 8, 2016, will receive particular scrutiny. I strongly urge the FCC to avoid directing its attention and resources in the coming months to complex, partisan, or otherwise controversial items that the new Congress and new Administration will have an interest in reviewing.
investinbbandU.S. Senate Commerce Committee Chairman Letter to FCC
Excerpt from a letter sent by Representative Fred Upton, U.S. House Energy & Commerce Committee Chairman, and Greg Walden, Communications & Technology Subcommittee Chairman, to FCC Chairman Tom Wheeler:
We are writing to express our concern about Federal Communications Commission (FCC) decisions during the presidential transition.
The most important challenge for the Commission over the next ten weeks is to ensure a successful broadcast incentive auction. The successful completion of the auction will provide needed spectrum to meet Americans wireless broadband needs and ensure that Americans continue to enjoy the local news and national programming broadcasters provide. As Rep. Henry Waxman and Senator Jay Rockefeller noted during the 2008 Presidential transition, it would be counterproductive for the FCC to consider complex and controversial items that the new Congress and new Administration will have an interest in reviewing.
investinbbandU.S. House Energy & Commerce Committee Letter to FCC
Excerpt from a letter sent by USTelecom to FCC Secretary Marlene Dortch:
The Commission should reject demands to force a mandatory “wholesale” discount structure on the business data services (“BDS”) marketplace. Under the volume and term-based discount structure that has evolved under Commission supervision, competing carriers already had 51% of the market in 2013. Grafting a new “wholesale” discount on to the current structure does not reflect how BDS is sold and provisioned and would be counter to the Commission’s longstanding goals of facilities-based competition. As Chairman Wheeler recently noted, “if you’re going to get competition, competition is a facilities-based issue, it is not an ersatz unbundling issue.” Similarly, the May Further Notice in this proceeding concludes “we do not consider competition over resold lines as a material competitive restraint.” At the end of the day, making resale artificially more attractive by mandating a special discount (“ersatz unbundling”) for a favored class of resellers will result in more resale and less investment in the real facilities-based competition that matters.
investinbbandThe Commission Should Reject Requests to Impose a Special “Wholesale” Discount on the BDS Industry
Excerpt from a letter sent by Governor Tom Wolf (PA) to FCC Chairman Tom Wheeler:
I write to you today concerning the Commission’s Further Notice of Proposed Rulemaking (CFNPR) regarding business data services (BDS). These services allow retailers, banks, schools, hospitals and small businesses to transmit large amounts of data quickly, enabling the flow of commerce and enhancing the connectivity we all increasingly rely on.
Business data services also provides the physical link between the nation’s wired communications infrastructure and the wireless network. Given the importance of this connection to the development and expansion of broadband networks, particularly in rural areas, it is important that the new framework which the Commission establishes for compensation for these services not inhibit continued investment in infrastructure.
investinbbandPennsylvania Governor Asks FCC to Evaluate All Available BDS Data
Excerpt from a letter sent by CenturyLink, Inc. to FCC Secretary Marlene Dortch:
CenturyLink, Inc. (“CenturyLink”) addresses herein statements made in the “Fact Sheet” released on October 7, describing Chairman Wheeler’s proposal for regulating the business data services (“BDS”) marketplace and various related claims in the associated record.
investinbbandFCC Should Embrace Long-Settled Tenets of Competitive Analysis and Amend Fact Sheet Conclusions