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CPI Sues FCC Over U.S. Broadband Competition
seriouslywtf writes "The Center for Public Integrity (CPI) wants to access data from the FCC on broadband subscriptions in various parts of the US, but the FCC won't hand it over. Why? Because the FCC thinks giving the CPI the data will give a competitive advantage to the other broadband companies. The FCC says everything is fine and has generated reports saying nothing needs to be done. From the article: 'But the agency's methods for generating these reports have come under scrutiny, and CPI wants to take a look for itself. When talking about broadband deployment, for instance, the FCC says that any particular ZIP code has broadband access if even a single cable or DSL connection exists there. It also classes "broadband" as anything above 200kbps — a woefully low standard for any true broadband connection.'"
Of course. Personally, I think the broadband providers have all illegally divided up the market. In most areas, you can get DSL, cable, FTTN, or wireless, but rarely can you seem to be able pick from more than one in the list. And in many cases, you can't even pick between cable providers.
While both WOW! and Comcast are available in my area, my apartment complex has an exclusive contract with Comcast so no other cable providers are allowed. And you can't get DSL because they won't let you run any lines to the building. Satellite is out because they won't let you put up a dish (despite the fact that this is illegal), and broadband mobile wireless service is conveniently not available yet.
Many cities in my region have exclusive deals with either Comcast or Bright House as well, despite the fact that competition was supposed to have been opened. Many of the competitve phone carriers don't offer DSL because AT&T has locked them out. And DSL is very much dependant on distance from the CO. Forget if you're like me and live in an outlying area of town.
I'll bet if you get that report, you'll be able to figure out exactly how AT&T and Comcast and so forth have divided up the market, providing each of them limited monopolies in set areas.
My blog
CPI filed a Freedom of Information Act (FOIA) request with the FCC on August 24. After the statutory 20 business days had passed without any word from the agency, CPI filed suit on September 25, 2006. That apparently got the FCC's attention; the FOIA request was officially denied the next day.
The matter is now in the hands of a federal judge, and the FCC is trying to have the case dismissed. The agency argues that the material in the reports is confidential business information and that the release of it could damage the companies involved. In a court filing, Alan Feldman of the FCC tells the court how this might work. "For example," he says, "information about how a company's number of lines has increased or decreased in a particular area over time provides competitors with insights into how that company is focusing its investment and marketing efforts." He also notes that most filers requested confidentiality for their data.
When the GAO says you did something wrong, you generally did something wrong and need to fix it.
The FCC's behavior is pretty brazen; the CPI isn't a broadband service provider, so I suspect that other than verifying the FCC's results (or disproving them), the data is in pretty good hands. The fact is the FCC is playing politics and trying to stay on the good side of industry -- for what reason I can't say. It would surprise me if there's more going on here, and if they keep stalling, the FCC could end up being threatened with a Congressional investigation, which I think they'd like to avoid.
GetOuttaMySpace - The Anti-Social Network
http://www.fcc.gov/foia/#typesnot
This lists the 9 exemptions allowed for refusing FOIA requests. Bureaucratic obstinance doesn't seem to be on the list.
Intron: the portion of DNA which expresses nothing useful.
It's called Regulatory Capture. And one of the reasons that the cry "the government should..." isn't the answer.
Deleted
The FCC seems to be spending less time ensuring a competitive market for communications and wasting more time monitoring and sending out fines to radio and TV stations for using "bad language." I for one think that it is high time this group had a complete makeover. The people that are running things don't seem to have a clue about technology and the emerging markets that are being exploited by their lack of attention. This trend stinks of payoffs and corporate meddling. I'm not making any accusations as I have nothing but the smell to prove this idea, but when a group is trying to help generate more competition and the FCC refuses to support them it makes me wonder what's hiding under the covers. I'm no conspiracy maniac, but there's no way to see the FCC's position in a positive light.
Dissenter
"There is no knowledge that is not power."
This lists the 9 exemptions allowed for refusing FOIA requests. Bureaucratic obstinance doesn't seem to be on the list.
No, but this is, and I imagine that's what they'll quote:
I'm sure they'll say the respective companies' detailed coverage and speed maps would be useful to the competition, blah, blah.
A lot of replies are jumping on the line in the summary that says "the FCC thinks giving the CPI the data will give a competitive advantage to the other broadband companies." But of course the linked article didn't say that; it said "the agency has refused to turn it over on the grounds that it could give a competitive advantage to other companies." Which is still a bit of a stretch from what the FCC actually said in their response.
They did cite exemption rule 4 as others have posted.
I'm not defending the FCC, by any means, but let's not be misled by a Slashdot summary that might not quite be correct.
Slightly disreputable, albeit gregarious