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FCC Grants in Part, Denies in Part NARUC Petition on State Broadband Data Collection

by: Steve Klitzman

May 18, 2010

[[wysiwyg_imageupload:255:height=100,width=70]]I joined IGA as a Special Counsel in July 2009 after working as an Attorney, FCC Office of General Counsel, Associate Director,  Office of Legislative Affairs, Chief Counsel and Staff Director, Senate Committee on Governmental Affairs, Subcommittee on Oversight of Government Management, and Staff Attorney, Senate Committee on the Judiciary, Subcommittee on Administrative Practice and Procedure. Since 1985, I’ve also been an Adjunct Professor, Columbus School of Law, Catholic University of America, teaching media law and First Amendment law.

In an action that should be of interest to followers of state broadband deployment and mapping initiatives, the FCC on April 26, 2010, granted in part and denied in part a Petition for Declaratory Ruling filed by the National Association of Regulatory Utility Commissioners (NARUC). The petition concerned state authority to collect data from broadband infrastructure and service providers.

The Commission clarified, as NARUC requested in its petition, that the FCC “has not preempted or otherwise precluded the States from mandating that broadband providers file data or other information regarding broadband infrastructure or services within the States.”  Citing the Broadband Data Improvement Act (BDIA), the FCC Order on the NARUC petition notes that “Congress recognized in the BDIA that State broadband data gathering can be ‘complementary’ to federal efforts.”

The Commission, however, declined to rule on the question of whether or not the States have or should have the authority to collect broadband-related data.

Click here for more information on the NARUC petition.

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