Use Census Block Broadband Data, Justice tells FCC

In this ex parte filing, the United States Department of Justice, Antitrust Division briefly responds to the Federal Communications Commission’s February 8, 2011, Notice of Proposed Rulemaking in the Modernizing the FCC Form 477 Data Program proceeding. In the NPRM the FCC seeks comment regarding its collection of broadband and local telephone networks and services data. The FCC asks, among other things, whether additional localized data concerning specific services offered and actual prices charged for those services would be useful in evaluating issues related to competition.

In general, the Department believes that the FCC will be better able to compile the information necessary to evaluate more precisely the status of competition among service providers if the FCC obtains specific data regarding services provided within particular census blocks, and the net effective pricing for those services within the same blocks. Such evaluations will assist the FCC when it makes decisions such as whether to make spectrum and other resources available to facilitate entry by new competitors, or whether to permit, as consistent with the public interest, a proposed merger by two competitors. In addition, the data may also be valuable to the Department, which also is responsible for evaluating competition issues in the telecommunications industry. Thus, collection of census block data, to the extent practical and not overly burdensome, will yield information that is important and beneficial in promoting competition.