Telecom Net Suppliers Back FCC Preemption

Says commission should use power to remove barriers to muni broadband
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The Telecommunications Industry Association (TIA), which represents manufacturers and suppliers of communications networks, says the FCC should be able to preempt state limits on municipal broadband.

"[N]o statewide statutory barriers to municipal participation, whether explicit or de facto, should be erected. The Commission can facilitate this by using its Section 706 statutory authority to preempt a state to the extent that it finds that such regulatory barriers exist," it said.

That came in comments for the FCC's next Sec. 706 report on broadband deployment.

TIA also said the FCC should conclude that advanced telecommunications is being deployed in a reasonable and timely manner.

The FCC has concluded in the past several reports that it is not being deployed in a reasonable and timely manner, which empowers it to take number of regulatory steps to insure such deployment.

TIA says the FCC should not focus so much on speed and should not discount mobile wireless. It also says the FCC should take a more "nuanced" approach to assessing broadband deployment that includes "differing technologies, needs and usage."

The FCC does not currently take mobile broadband into account given its slower speeds and the commission's asssessment that mobile is not yet a substitutable competitor.

On the issue of the IP transition, TIA said the FCC should not require the "indefinite" retention of redundant IP and traditional circuit-switched networks.

Count TIA, whose members would be supplying plant to all sides, among those in favor of the FCC preempting state "barriers" to government backed network build-outs. "[N]o statewide statutory barriers to municipal participation, whether explicit or de facto, should be erected. The Commission can facilitate this by using its Section 706 statutory authority to preempt a state to the extent that it finds that such regulatory barriers exist," it said.

Lastly, it put in a plug for light-touch regulation in general.

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