WASHINGTON, June 17, 2016 /PRNewswire/ -- CenturyLink,
Inc. (NYSE: CTL) will file a motion to strike the "irretrievably
flawed" data framework underlying the Federal Communications
Commission's recent business data services proposal. AT&T Inc.
(NYSE: T), Cincinnati Bell, Inc. (NYSE: CBB), Consolidated
Communications, Inc. (NASDAQ: CNSL), FairPoint Communications, Inc.
(NASDAQ: FRP) and Frontier Communications (NASDAQ: FTR) joined
CenturyLink in filing the motion.
The motion comes in response to recent acknowledgements
by four of the largest cable providers that they significantly
undercounted the number of locations that are capable of providing
business data services and thus deemed competitive. In
fact, the cable companies' most recent FCC filings reflect 22
times more Ethernet-capable locations than the data on which the
FCC based its May 2 further notice of
proposed rulemaking (FNPRM).
"We are extremely concerned that the FCC's latest business
broadband proposal is now based on fatally flawed data that, unless
corrected and updated, could have serious economic consequences for
the business broadband market," said CenturyLink Senior Vice
President for Public Policy and Government Relations John F. Jones.
"We're asking the FCC to rescind the affected portions of its
proposal and update its data before pronouncing judgment on what is
or isn't competitive."
"The FCC's FNPRM proposes a big, positive step towards
deregulating competitive areas. However, the commission's
rulemaking decisions regarding pricing and additional regulation in
non-competitive markets must be grounded on a sound factual basis.
It has now become clear that the report prepared by Dr.
Marc Rysman used in the FCC
rulemaking, as well as nearly all other analyses submitted into the
record, were based on an irretrievably flawed data set that
severely understated cable providers' ability to provision true
business data services," the companies' motion said.
According to the motion, the record shows that the major cable
providers did not clearly or fully report that they were able to
provide business data services using metro Ethernet in 22
times more census blocks than were reflected by the original
data in 2013. The Rysman report and many other FCC analyses were
based on that data.
"The Administrative Procedure Act, the Data Quality Act and
bedrock principles of evidence require that these materials be
stricken from the record. Indeed, given the commission's reliance
on these analyses for its most recent findings and proposals, the
FCC should rescind the portions of the May
2 FNPRM that are affected by the defective analysis and
flawed data. This would allow the commission and relevant parties
to conduct new analyses reflecting accurate data regarding the
state of the marketplace. The commission should then develop and
seek comment on new proposals as appropriate," the motion said.
About CenturyLink
CenturyLink (NYSE: CTL) is a global
communications, hosting, cloud and IT services company enabling
millions of customers to transform their businesses and their lives
through innovative technology solutions. CenturyLink offers network
and data systems management, big data analytics and IT consulting,
and operates more than 55 data centers in North America, Europe and Asia. The company provides broadband, voice,
video, data and managed services over a robust 250,000-route-mile
U.S. fiber network and a 300,000-route-mile international transport
network. Visit CenturyLink for more information.
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SOURCE CenturyLink, Inc.