CPI Sues FCC Over U.S. Broadband Competition 137
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.'"
Re:FOIA? (Score:3, Informative)
Text if slashdotted (Score:3, Informative)
CPI wants the FCC database of Form 477 filings. These documents are filed with the FCC by every telecom company in the US, and they give the agency data on each company's line deployments, broken down by ZIP code (and generally unaudited by the FCC). The FCC then uses this data to generate reports about the state of broadband competition, usually arguing that nothing radical needs to be done.
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.
The General Accounting Office, the federal government's internal watchdog agency, took the FCC to task (PDF) last May for the way it prepared these reports. The GAO's own examination of Form 477 data found that the median number of broadband options in a particular ZIP code was two, not eight as the FCC claimed.
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.
CPI hopes to add the Form 477 data to its Media Tracker, a web site that shows consumers the available broadband providers, cable operators, television and radio stations, and newspapers in the area.
Better link...from the horse's mouth... (Score:3, Informative)
The "other" companies (Score:5, Informative)
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.
Re:This is inevitable (Score:3, Informative)
I'm inclined to suppose that a monopoly of government begets monopolies in commerce.
Re:Federal agency = Corporate lap dog (Score:2, Informative)
Generally, users may install a satellite dish that is 1 meter (39.37 inches) or less on their own property or property on which they have the exclusive use, such as leased or rented property. In Section 207 of the Telecommunications Act of 1996, Congress adopted the Over-the-Air Reception Devices Rule. This rule applies to governmental and nongovernmental restrictions imposed on a consumer's ability to receive video programming signals from direct broadcast satellites, wireless cable providers, and television broadcast stations. The rule outlaws restrictions intended to prevent a consumer from installing, maintaining, or using an antenna. The rule applies to a broad range of potential regulatory bodies, laws, or regulations:
* Building regulations
* Condominium or cooperative association restrictions
* Homeowner association rules
* Land-use regulations
* Lease restrictions
* Other restrictions on property within the exclusive use or control of the antenna user where the user has an ownership or leasehold interest in the property
* Private covenants
* Zoning regulations
There is a three-part test to determine whether a particular restriction is illegal under the rule. It must:
1. Unreasonably delay or prevent the use of the antenna
2. Unreasonably increases the cost of the antenna or service
3. Prevent a person from receiving or transmitting an acceptable quality signal
The rule does not prohibit restrictions based on legitimate safety concerns, nor does it prohibit restrictions intended to preserve designated or eligible historic or prehistoric properties. In such cases, the restriction must be no more burdensome than necessary to accomplish its safety or preservation purposes.
Excerpt From:
http://law.enotes.com/everyday-law-encyclopedia/s