08/17/2016

ACA To FCC: Keep 'Light Touch' Regulation Of Non-Dominant BDS/Special Access Providers

The American Cable Association called on the FCC to abandon its effort to regulate non-incumbent providers of Broadband Data Service (BDS), also called Special Access, because the record shows there is no economic rationale to regulate these providers and the cost of regulating non-incumbents would far outweigh any benefits, undermining the FCC's goal of spurring competition.  Further, the record demonstrates that the FCC should not be concerned that non-incumbents will offer BDS in non-competitive areas at rates, terms, and conditions that are not just and reasonable and are unjustly or unreasonably discriminatory.

"The FCC's abrupt decision to consider whether to regulate the rates of non-incumbent BDS providers runs counter to sound economics and antitrust policy and would undermine past and future investment and innovation in a service so critical to American businesses.  Moreover, it would reduce the very competition the FCC is trying to create.  In brief, the FCC's consideration of rules that would reverse course is an idea that only an incumbent would love," ACA President and CEO Matthew M. Polka said on Aug. 10.  Read more