NATOA Files Comments on the FCC’s Third Way Proposal for Reclassification
Yesterday, NATOA filed comments with the FCC on the legal framework for the Commission’s oversight of broadband Internet. After the recent Comcast decision by the D.C. Circuit called into question the ability of the Commission to enact its broadband agenda under Title I of the Telecommunications Act, the FCC started a proceeding that would potentially reclassify broadband connectivity service (but not the Internet itself) as a “telecommunications service” under Title II of the Act. The Chairman’s “The Notice issued by the Commission also sought comment on two alternative frameworks: continued application of Title I and reclassification under Title II without forbearance. NATOA’s comments pointed out that the most important outcome from this proceeding is that the resulting framework provides the certainty and predictability that the Commission will need to enact its broadband agenda (and that others including local governments will also need).
Our comments voiced skepticism that continued application of Title I would provide the certainty and predictability necessary. While we believe Title II reclassification in some form is necessary, we remain neutral about the specific details of what provisions are applied. We believe that forbearance decisions should be based on data and should look to maximize the Commission’s oversight role in encouraging broadband deployment (from whatever source).
The full text of the comments is available here.