What Is “Advanced Telecommunications Capability” And Why Does The FCC Examine It?

[Commentary] On August 6, the Federal Communications Commission voted on a seemingly routine notice initiating its statutorily mandated annual inquiry into the state of broadband deployment in the United States. (Actually, as explained below, it is measuring something somewhat different.) Collection and analysis of data is essential to effective policymaking, and Congress has directed that many agencies compile reports of one kind or another. Solicitation of public comment on data collection for a wonky report might not seem to be controversial, but the issuance of the notice generated vociferous reactions from the two Republican Commissioners. Commissioner Ajit Pai dissented in part and Commissioner Michael O’Reilly reluctantly concurred, complaining that “the [Notice of Inquiry] is not designed to provide an honest assessment of broadband deployment in the US.” The reason that this matters is because the FCC’s assessment of broadband deployment has important policy and regulatory consequences. Section 706(b) is a potent tool for an activist FCC. Chairman Tom Wheeler and his Democratic colleagues appear determined to make sure that they have the data necessary to use the power conferred by Section 706(b).