The Future of Business Data Services

Telecommunications & Electronic Media Practice Group Teleforum

At the Commission’s November 17th, 2016 Open Meeting, the Federal Communications Commission (FCC) plans to vote on an order updating its rules governing the provision of business data services (BDS) (f/k/a “special access” circuits). BDS services carry the massive flows of data exchanged by business, industry, and institutions like hospitals, schools and universities, and provide backhaul necessary for wireless networks. They can be provided over fiber, coaxial cable, wireless spectrum, or copper, and use either TDM or packet-based (IP) Ethernet technology. Competitive local exchange carriers (CLECs) and smaller wireless companies have alleged that incumbent local exchange carriers (ILECs) charge excessive rates for these offerings and do not face serious competition. ILEC allege that in most markets they are subject to robust and fast-growing competition. According to Chairman Wheeler, the proposed new rules would provide a new framework for this market that “strikes a balance between targeted regulation for legacy TDM (DS1 and DS3) services, where evidence of market power is strongest, and lighter-touch regulation of packet-based services, where there has been new entry and competition may be emerging.” The proposed Order would also reaffirm that TDM and Ethernet BDS are both subject to the Commission’s Title II oversight. Is the FCC fairly assessing the state of competition in the marketplace? Do the rules go too far? Not far enough? What will be the practical effect of these new rules on companies, competition, and consumers? What impact will the election, and an FCC under Republican leadership starting in January, have on the fate of the FCC’s new rules? Our panelists will discuss these questions and more in what is sure to be a lively Teleforum.

Featuring:

• Jon Banks, Senior Vice President, Law and Policy, USTelecom
• Steve Morris, Vice President, Associate General Counsel, NCTA- The Internet & Television Association
• Karen Reidy,Vice President, Regulatory Affairs, INCOMPAS
• Moderator: Patrick Halley, Of Counsel, Wilkinson Barker Knauer, LLP 

At the Commission’s November 17th, 2016 Open Meeting, the Federal Communications Commission (FCC) plans to vote on an order updating its rules governing the provision of business data services (BDS) (f/k/a “special access” circuits). BDS services carry the massive flows of data exchanged by business, industry, and institutions like hospitals, schools and universities, and provide backhaul necessary for wireless networks. They can be provided over fiber, coaxial cable, wireless spectrum, or copper, and use either TDM or packet-based (IP) Ethernet technology. Competitive local exchange carriers (CLECs) and smaller wireless companies have alleged that incumbent local exchange carriers (ILECs) charge excessive rates for these offerings and do not face serious competition. ILEC allege that in most markets they are subject to robust and fast-growing competition. According to Chairman Wheeler, the proposed new rules would provide a new framework for this market that “strikes a balance between targeted regulation for legacy TDM (DS1 and DS3) services, where evidence of market power is strongest, and lighter-touch regulation of packet-based services, where there has been new entry and competition may be emerging.” The proposed Order would also reaffirm that TDM and Ethernet BDS are both subject to the Commission’s Title II oversight. Is the FCC fairly assessing the state of competition in the marketplace? Do the rules go too far? Not far enough? What will be the practical effect of these new rules on companies, competition, and consumers? What impact will the election, and an FCC under Republican leadership starting in January, have on the fate of the FCC’s new rules? Our panelists will discuss these questions and more in what is sure to be a lively Teleforum.

Featuring:

• Jon Banks, Senior Vice President, Law and Policy, USTelecom
• Steve Morris, Vice President, Associate General Counsel, NCTA- The Internet & Television Association
• Karen Reidy,Vice President, Regulatory Affairs, INCOMPAS
• Moderator: Patrick Halley, Of Counsel, Wilkinson Barker Knauer, LLP 

Call begins at 2:00 p.m. Eastern Time.

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