• The FCC granted a Petition of the National Association of Regulatory Utility Commissioners (NARUC) on April 26, 2010 concluding that the FCC “has not preempted or otherwise precluded the States from mandating that broadband providers file data or other information regarding broadband infrastructure or services” in WC Docket No. 09-193. The FCC specifically stated that it expressed no opinion “regarding whether the laws of any particular State authorize the State’s public utilities commission or similar agency to require the filing of such data or information.” The FCC also stated it would not “address whether any State or group of States should, as a policy matter, engage in broadband data collection efforts that supplement ongoing federal efforts.” The order is available here.
  • The FCC also issued a separate order on April 26, 2010 that will “facilitate the broadband mapping and other projects that eligible entities are undertaking under the [Broadband Data Improvement Act] to improve available data on broadband deployment and adoption” in WC Docket No. 07-38, GN Docket No. 09-47, and GN Docket No. 09-51. The order adds measures designed to protect the confidentiality of broadband data collected on Form 477, such as data-sharing firewalls. The order also states that the shared data will be aggregated into “complementary sets of data.” The data sets generally correspond to subscriber-counts, provider data, and DSL and cable-modem service availability. The order is available here.
  • Chairman Genachowski spoke briefly at the FCC’s workshop titled “Approaches to Preserving the Open Internet” on April 28, 2010. He emphasized that consensus had emerged on key issues in the open Internet like: “the FCC has a central role in preserving Internet freedom and openness; the importance of transparency; the unacceptability of blocking access to lawful content or apps; that reasonable network management is, well, reasonable; that open Internet is about lawful content; and that an open Internet can and should coexist with enforcement of copyright and other laws.”