FCC Allows States to Collect Broadband Data

The has granted, in part, a petition for declaratory ruling filed by the National Association of Regulatory Utility Commissioners (NARUC) regarding State authority to collect data from broadband infrastructure and service providers. The FCC concluded that the Commission has not preempted or otherwise precluded the States from mandating that broadband providers file data or other information regarding broadband infrastructure or services. In issuing this declaratory ruling, the FCC expresses no opinion regarding whether the laws of any particular State authorize the State's public utilities commission or similar agency to require the filing of such data or information. Nor does the FCC address whether any State or group of States should, as a policy matter, engage in broadband data collection efforts that supplement ongoing federal efforts.

FCC Commissioner Robert McDowell said, "I understand the states' reasons for seeking clarity on their broadband data collection authority, especially with regard to their broadband mapping efforts. I am concerned, however, that this order may create an environment of conflicting broadband data collection rules. Such complexities could force providers to expend resources on data collection rather than on deployment efforts. Additionally, I urge the Commission to seriously consider preempting the states in any areas where there exists a conflict with federal policy. Our nation's broadband regulatory regime has been successful thus far, and I worry that this order could be used as a foundation for increased regulations in the broadband space rather than as a supplement to the current light regulatory approach. For all of these reasons, I respectfully concur. "

"I concur with today's decision," said FCC Commissioner Baker. "I agree with the narrow legal conclusion of this order but I have grave concerns about the negative impact of possible inconsistent and burdensome state data reporting requirements on providers' incentives for investment and innovation in broadband Internet access services. As the order notes, the Commission may-and in my judgment, should aggressively-preempt state regulations that conflict with federal policy, specifically our successful long-standing light-touch regulatory approach to the Internet. That said, I am happy that the Commission will be moving forward with broadband mapping efforts because that is a critical step toward ensuring that all Americans have access to broadband capability."