communications

The FCC Cannot Proceed in the BDS Proceeding with a Flawed Analysis

Before the Federal Communications Commission moves forward in the Business Data Services proceeding, it must be able to answer the following question: With all else being equal, is the price of BDS in buildings with only one consumer less than the price of BDS in buildings with multiple consumers? This will be a difficult, if not impossible, question to answer, given the flaws in the FCC’s building location data. But if the answer is no (and I think it will be), then it is clear that nearby providers impact price, and, therefore, BDS competition is effective.

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