VOL. 11, NO. 46
December 7, 2015
WELCOME 
NEW MEMBER

SAVE THE DATE

NEW VIDEO SHOWCASES FCC LOCK-UP INVESTIGATION

FCC DEADLINES

January 6, 2016
Comments Due in Special Access Reform Rulemaking

February 5, 2016
Reply Comments Due in Special Access Reform Rulemaking
INCOMPAS Tells FCC that 
Video Roadblocks are Delaying Broadband Competition
On December 2, INCOMPAS filed comments with the FCC arguing that advancements in residential broadband competition are being held back by the inability of providers to negotiate retransmission consent for broadcast programming at non-discriminatory and reasonable rates.

"Market power over video pricing has emerged as the ace up the sleeve for broadcasters seeking to cement their position in a shifting video marketplace," said Chip Pickering, CEO of INCOMPAS. "Broadband competition should mean that consumers will finally have the power to watch what they want, delivered by who they want. But the lack of transparency in video pricing and an inability to break the bundle is holding back the future of competition."

In its comments, INCOMPAS noted that new smaller broadband providers continue to face significant challenges securing retransmission consent agreements due to bad faith negotiating techniques employed by broadcasters who maintain an overwhelming advantage in contract negotiations.

"From Kansas City and Austin to Detroit, we are seeing competition from new network providers like Google Fiber and ComSpan Communications lower broadband prices and increase speeds. But the opposite is happening in the video marketplace, where competitive customers are paying multiples more for the same video programming large incumbents get at a discount. This runs counter to free market principles, and must be addressed," Pickering added.

The INCOMPAS filing laid out a number of steps the FCC should take to remove the video roadblocks, including:
  • Break the Bundle: End forced tying and carriage of additional channels/content and tiering of programing.
  • No Black Outs: End the threat of blackouts during marquee events (typically sports or entertainment) or other special programming.
  • Video Sunshine: Adopt measures to promote transparency of rates in retransmission consent negotiations in order to prevent price discrimination between small and large broadband providers.
  • Six Months Notification: Require broadcasters to deliver a renewal proposal within six months of a current contract's expiration.
INCOMPAS Ex Parte Counters AT&T on Special Access Reform
On December 1, INCOMPAS filed an ex parte with the FCC that counters claims made by AT&T, in which it argues that the Commission must overcome high legal and administrative hurdles before it can reform policies governing packet-based special access services.

INCOMPAS pointed out that the orders granting ILEC forbearance from the application of its dominant carrier tariff filing, cost support, discontinuance, and domestic transfer of control and certain Computer Inquiry requirements to broadband services were expressly limited to the services offered at the time of the grant, not subsequent services, such as AT&T Switched Ethernet or any future packet-based services. INCOMPAS called on the Commission to "review the packet-based services offered by all incumbent LECs that received forbearance in order to assess the extent to which they were introduced after the carrier received forbearance."
INCOMPAS Commends Action on Broadband Deployment Bill
On December 2, the House Subcommittee on Communications and Technology, led by Chairman Greg Walden (R-OR) and Ranking Member Anna Eshoo (D-CA), voted a legislative package to improve broadband deployment and the Federal Spectrum Incentive Act (H.R. 1641) out of subcommittee.

"INCOMPAS commends the bipartisan work of the subcommittee to increase the deployment and availability of broadband across the nation," said Chip Pickering, INCOMPAS CEO. "Communities large and small, urban and rural rely on broadband for education, commerce and health care. Broadband competition is the driving market force for new networks that will bring faster speeds and lower prices. While there is still work to be done to foster more robust competition, this legislation will speed deployment of new networks."

FCC to Debut New Website
The FCC is performing a large-scale redesign of its website - FCC.gov - to improve usability. The switch to the new site is scheduled to begin on December 9 at 8 p.m. ET and be completed by midnight December 10. More information about the website redesign and separate effort to update the Electronic Comment Filing System (ECFS) can be found in this public notice
LNPA Webcast Set for Dec. 9
A series of Local Number Portability Administrator (LNPA) transition outreach (LTO) webcasts are being planned to keep you informed about the transition of LNPA services. These webcasts will provide transparent communications regarding the LNPA transition; serve as an open forum to gather and understand your needs and concerns; and incorporate the feedback you provide to improve future communications. 

The first webcast is scheduled for December 9 at 3 p.m. ET. To attend, register here.