'Incumbents Do Not Have a Veto!'


Author: Craig Settles

[Commentary] 'Incumbents do not have a veto!' With those words, Assistant Secretary Lawrence Strickling, head of National Telecommunications and Information Administration, enables many broadband stimulus applicants and others worried about the incumbent challenge clause to breathe a little easier. And for those of us who've railed against this potentially destructive clause, there is also a bit of satisfaction for not giving up the fight. The NTIA and the Rural Utilities Service are giving infrastructure applicants the high ground and the presumption that you hold an unassailable position. The burden of proof to the contrary lies with the incumbent. If you've done your homework, and are continually gathering whatever data you can to reinforce the fact that people in your proposed coverage area don't have adequate broadband, you can better fight off any challenge.

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