communications

Can a Single Building Really Be Its Own BDS Market?

The FCC currently has a proposal to regulate what it regards as “non-competitive” services in the overall “business data services” [BDS] sector, previously known as “special access” services. Although competition overall in this sector seems to be pretty vibrant, I do not know the facts well enough to refute claims that some providers within that sector may not face adequate competition. Nor can I speak authoritatively to the impermeability of circuit-switched services to competition from IP-based services, as the FCC claims. So I leave these issues to others.

However, one other aspect of this debate has long caught my eye: claims that the relevant geographic market may be a single building. The FCC is not specifically proposing this approach, but it has used it in the past and could be open to it in the future.

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