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Broadband Deployment Law Advisor Insight and Commentary on the Deployment of Communications Infrastructure

Reclassification NOI Update – Comment Dates Already Set

Posted in Accessibility (Persons with Disabilities), Broadband Adoption, Broadband Deployment, Consumer Disclosure Requirements, E-rate, High-Cost Universal Service, Infrastructure (Poles, Conduit and Rights of Way), Intercarrier Compensation, Mobile Broadband, Navigation Devices, Privacy and Cybersecurity, Spectrum Initiatives, Tribal Communities

This morning the Federal Communications Commission held its monthly open meeting, this time to discuss the Commission’s proposed reclassification efforts for broadband services.  In a three-to-two vote (Commissioners McDowell and Baker dissented), the Notice of Inquiry was adopted, and will seek comment on three ways to regulate broadband – under the Commission’s Title I ancillary authority; under full Title II authority; or under the Chairman’s "Third Way" approach which would impose limited Title II authority using the Commission’s forbearance authority.  The NOI will also solicit the public for any other suggestions on how to regulate broadband.

It was announced during the meeting that comments to the NOI will be due by July 15, 2010, and reply comments due by August 12, 2010.

At this time, the NOI has not yet been released, but the FCC has released a News Release and statements from the Commissioners (but not the Chairman).  When the NOI is released, we will provide a more in-depth analysis.

UPDATE: The Notice of Inquiry has been released, and is available on the FCC’s website with all the Commissioners’ statements.