communications

Wireless Report Evidence of Effective Competition Contradicts the FCC’s Pro-Regulatory Agenda

On September 23 the Federal Communications Commission released its Nineteenth Wireless Competition Report. The report cites an abundance of data demonstrating the competitive and innovative state of the commercial mobile services market. In fact, report data evidencing effective competition in the mobile services market contradicts the Commission’s pro-regulatory agenda. A federal wireless policy more in tune with actual market conditions would favor free market competition and less regulation than is currently the case. And it would promote overall consumer welfare.

There is clear and convincing evidence in the Nineteenth Wireless Competition Report that the commercial mobile services market is effectively competitive. Yet the Nineteenth Report declined to offer any answer to Section 332(c)’s directive that the Commission shall provide an analysis of “whether or not there is effective competition” in the commercial mobile services market. The Commission has dodged the congressional directive for the last six reports.

Ultimately, in defining “effective competition” under Section 332(c) of the Communications Act, the Commission should give it the same meaning as “effective competition” under Section 623. Furthermore, the Commission should apply Section 623’s “competing provider” test to the commercial mobile services market.

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