On April 22, 2024, the Office of Economics and Analytics (“OEA”) released a Public Notice seeking comment on the state of competition in the communications marketplace for its biannual Communications Marketplace Report. You may recall, in even-numbered years, the FCC is required to publish a Communications Marketplace Report that assesses “the state of competition in the communications marketplace, including competition to deliver voice, video, audio, and data services among providers of telecommunications, providers of commercial mobile service (as defined in section 332 of the Communications Act of 1934, as amended (the Act)), multichannel video programming distributors (as defined in section 602 of the Act), broadcast stations, providers of satellite communications, Internet service providers, and other providers of communications services.” The Notice seeks data, information, and comment on a number of issues relevant to the state of competition in the communications marketplace as a whole. OEA asks that commenters submit data, information, and statistics for 2022, 2023, and any information on notable trends and developments that have occurred in early 2024.
Specifically, OEA seeks comment on the following:
- Competition and Service Availability for Fixed Broadband Services – OEA seeks comment on (1) what metrics should be used to evaluate competition among fixed broadband providers; (2) the industry data, competitive dynamics, and trending factors in the provision of fixed broadband services; (3) the extent to which differences in service characteristics (latency, upload and download speeds, and data allowances) affect consumers’ ability to use the services effectively, and whether these differences significantly affect competition; (4) whether laws, regulations, regulatory practices, or marketplace practices pose a barrier to facilities-based competitive entry; and (5) whether to use the Broadband Data Collection (“BDC”) data for broadband availability and both BDC and FCC Form 477 data for historical trends.
- Competition and Service Availability for Mobile Wireless Services – OEA seeks comment on (1) industry data, competitive dynamics, and trending factors in the mobile wireless marketplace, including, but not limited to, factors that determine demand for mobile wireless services, the number of connections, pricing, spectrum holdings, network coverage, and the development of innovative technologies; (2) how these factors affect direct consumption of mobile wireless services and the broader implicants of these factors, such as the current and prospective impact of mobile wireless services on the cost and means of doing business and on innovation in various industries; (3) whether laws, regulations, regulatory practices, or demonstrated marketplace practices pose a barrier to competitive entry into the mobile wireless marketplace, or to the competitive expansion of existing providers, in particular smaller carriers; and (4) whether to use the December 2023 BDC data to analyze mobile broadband service availability and to rely on both BDC and FCC Form 477 data for historical trends. OEA also asks carriers to submit data and information on a broad range of topics including subscriber counts, connectivity gaps, trends in mobile data traffic and usage, price levels, investment, network quality, and spectrum holdings, among other things.
- Competition in the Voice Marketplace – OEA seeks comment on industry data, competitive dynamics, and trending factors in the provision of voice service, and whether there are barriers or laws and regulations affecting competition in the marketplace. OEA also seeks comment on competition between mobile and fixed voice services, whether consumers view them as substitutes or complements, the portion of households that only subscribe to one service, and the effect of cross-platform messaging applications.
OEA also seeks comment on competition in the video and audio marketplaces, among satellite communication services, international broadband data, and bridging the digital divide.
Comments are due June 6, 2024.
Replies are due July 8, 2024.
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