I.  INTRODUCTION.

II.    ACA SUPPORTS NCTA’S COMMENTS QUESTIONING WHETHER VOIP AND BROADBAND OUTAGE REPORTING REQUIREMENTS ARE NECESSARY.

ACA files these Reply Comments in support of NCTA’s comments.  Specifically, ACA supports NCTA’s recommendations that the Commission (i) comprehensively review how it currently uses outage data and how it would use additional data;[1] (ii) not simply extend existing outage rules to VoIP and broadband;[2] and (iii) launch an NOI before moving forward with any rulemaking.[3]

In the National Broadband Plan proceeding, ACA filed Comments outlining the steps the Commission should take to enable the nationwide availability of reliable, high-speed Internet access at reasonable prices.[4]  A key theme throughout ACA’s Comments is germane here – that ACA members face inherent difficulties bringing affordable advanced services to rural America.  As NCTA noted, the Commission already collects information from cable operators and other service providers during disaster situations through the Commission’s Disaster Information Reporting System.[5]  Consequently, the Commission should review how it currently uses outage data and outline how outage data from VoIP and broadband providers would be beneficial.

Moreover, simply extending current network outage reporting requirements to VoIP and broadband service providers without reviewing the potential impact risks imposing unnecessary regulatory burdens on ACA members.  Often, broadband providers have no control over an outage affecting their subscribers.[6]  Given the complexity and inter-related nature of the Internet, it is likely that many small and medium-sized cable operators lack the expertise or resources to determine and locate the source of an outage.  ACA urges the Commission to evaluate the impact of extending network outage reporting requirements to VoIP and broadband service providers, especially on broadband deployment and consumers in smaller and rural markets.