FCC Proposes to Eliminate BDS Rate Regulation and Tariffing Obligations

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The FCC’s Wireline Competition Bureau has adopted a Notice of Proposed Rulemaking (NPRM) that launches a review of the Commission’s business data services rules.  Specifically, in light of marketplace and technological developments, this NPRM proposes to eliminate ex ante price controls for business data services provided by incumbent local exchange carriers and tariffing obligations.  Alternatively, the NPRM proposes to modernize the competitive market tests used to determine where there is sufficient competition for certain services that would justify further pricing deregulation.  In the interim, the Commission has adopted an Order to temporarily pause the triennial updates to the competitive market tests.

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