The FCC has released a Public Notice making a variety of announcements surrounding business data services (BDS). First, the Commission has announced it is supplementing the record in its price cap BDS proceedings (WCB Nos. 16-143, 05-25) and RM-10593 with tables and accompanying information prepared by the Office of Economics and Analytics and seeks comment on that new data. The tables and accompanying information (April Data Tables) was derived from highly confidential data from the FCC’s 2015 Data Collection – – data collected from BDS providers and purchasers and certain “best efforts” providers in price cap areas for purposes of the price cap BDS proceeding. The April Data Tables introduced into the record show the distances from competitive provider fiber to ILEC wire centers and end user buildings with BDS demand in price cap areas. Second, the FCC has announced that it is reopening its “secure data enclave” containing the April Data Tables on the date when the Public Notice is published in the Federal Register and closing the secure data enclave at the end of the comment period. Third, the FCC has announced that the April Data Tables will be introduced into the record of the USTelecom Forbearance Petition proceeding, and that information will be available for public review, subject to a forthcoming protective order. Finally, the Commission also seeks comment on the USTelecom Forbearance Petition proceeding on the extent to which the 2015 Data Collection, including the April Data Tables, provide relevant information to evaluate USTelecom’s request for forbearance from the requirements to provide transport as an unbundled network element (UNE) pursuant to Section 251(c)(3) of the Communications Act of 1934, as amended and Section 51.319(d) of the Commission’s rules. Comments are due 14 days after publication of the Public Notice in the Federal Register, and reply comments are due 21 days after publication of the Public Notice in the Federal Register.
