Economics Makes a Welcome Return in the Forthcoming BDS Order…

As part of his efforts to increase transparency at the Federal Communications Commission, Chairman Ajit Pai recently posted a draft order in advance of this week’s April Open Meeting which purports largely to deregulate Business Data Services (“BDS”)—also known as Special Access services—in areas where incumbent providers face competition.  While Chairman Pai’s predecessor, Tom Wheeler, sought to substantially expand the regulation of BDS, his efforts were frustrated by a record (including his own outside peer review) that did not support his penchant for aggressive regulatory action.  Rather than fight economic theory and the available evidence, the Draft Order reveals that Continue Reading »