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Thursday, 7th January 2010

DoJ Antitrust Division submits ex parte statement to FTC re: broadband competition

In the Matter of Economic Issues in Broadband Competition: A National Broadband Plan for Our Future

In many respects, the United States, like many countries around the world, is in the formative stages of deciding how to respond to the advent and increasing preeminence of broadband with regard to both wired and wireless connections. In recognition of the importance of broadband to our economy and society, Congress mandated, as part of the American Recovery and Reinvestment Act of 2009 ("Recovery Act"), that the FCC develop a national broadband plan. Among other things, that plan must analyze "the most effective and efficient mechanisms for ensuring broadband access by all people of the United States," as well as "a detailed strategy for achieving affordability . . . and maximum utilization of broadband infrastructure . . . ." In its NOI, the Commission set forth a series of questions, including "whether multiple providers of broadband services are useful or necessary for achieving our goal of providing broadband services to unserved and underserved areas[,]" and whether it makes "a difference if the providers utilize different technological broadband platforms[.]" In this filing, the Department discusses the nature of competition in the broadband marketplace, highlights the importance of freeing up additional spectrum for broadband, and comments on the need to institute effective reporting obligations to facilitate better oversight of the marketplace by both policymakers and consumers.

Source: U.S. Department of Justice Antitrust Division


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