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FCC Data PN Riles Some

Public Knowledge Urges FCC To Curb 'Unjust' Telco Special Access Rates, Practices

The FCC should halt “unjust” incumbent telco special access rates and practices that drive up prices for telecom competitors, businesses and consumers, creating “an unmitigated drag on the U.S. economy,” Public Knowledge said. “Doing so will stimulate broadband deployment and economic growth, and save consumers and businesses billions in anti-competitive charges,” it said in comments filed Friday that were shared with us but haven't been posted in docket 05-25 because the FCC has been closed due to the weekend blizzard. Most stakeholders we checked with hadn't filed Friday when the agency shut down early.

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Public Knowledge said only a few companies control most high-speed connections in the business market. “As a result of the Commission’s broken special access regime, Americans and businesses are paying higher prices for telecommunications services and higher prices for goods and services to cover the inflated telecommunications costs paid by businesses and their vendors,” Public Knowledge said. “Additionally, unjust special access rates and practices diminish competition by making it more difficult for new competitors to enter telecommunications markets.”

USTelecom emailed a release Monday asking the FCC to modernize its special access policies in recognition of growing business market investment and competition, especially from cable companies (see 1601250064). "This new competition is leading to a virtuous cycle of innovation, investment, increased choice, economic growth and job creation -- exactly the kind of competition the commission desires," said , USTelecom President Walter McCormick

Public Knowledge apparently made no reference to sensitive industry data from 2013 collected by the FCC and made available to outside counsels of stakeholders, subject to confidentiality restrictions. The commission recently reminded parties “that the results of any analyses (including statistical descriptions) performed on the Confidential and Highly Confidential data submitted” to the agency “are themselves Confidential or Highly Confidential, depending on the data from which they are derived,” and thus shouldn't be publicly disclosed. “If the results are contained in a filing with the Commission, they must be marked as Confidential or Highly Confidential; the filing must be made under seal; and the public version of the filing must redact the results,” said a public notice Thursday.

The PN apparently caused some concerns. "The FCC has a really good track record of protecting confidential information but this public notice is pretty unusual and has people upset because it squelches public debate without protecting anything confidential," said one industry source.