Reply Comments of the Free State Foundation – Concerning the Deployment of Advanced Telecommunications Capability to All Americans in a Reasonable and Timely Fashion

In the face of overwhelming evidence of rapid broadband deployment, the Commission’s 2016 Broadband Progress Report followed a now-predictable but nevertheless unfortunate pattern. The 2016 Report made unjustified negative deployment findings in order to bolster the claimed case for imposing new regulations on competitive broadband services. It relied on idiosyncratic and ad hoc definitions for ascertaining whether broadband is “being deployed to all Americans in a reasonable and timely fashion.” The Commission’s negative glosses on broadband fail to reflect real-life year-over-year progress. By treating Section 706 as a standalone source of regulatory power triggered by negative broadband deployment findings, the Commission has developed a vested interest in generating perpetual negative findings. This calls the credibility and usefulness of the Commission’s 706 inquiries into serious question.

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