D.C. Memo: Group Tells FCC It Needs to Pull Bulk Billing Ban Proposal

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Bulk Billing: The Bulk Broadband Alliance, led by ACA Connects for small ISPs, is pushing back on a study by the American Economic Liberties Project (AELP) in support of FCC Chairwoman Jessica Rosenworcel's plan to ban Internet bulk billing deals in apartment buildings, condos and other multiple dwelling units. Rosenworcel wants tenants to have the right to opt out of bulk deals in case they want to find their own ISP. In an Oct. 25 filing, the BBA said the AELP's analysis in support of a bulk billing ban would drive up rates, deny consumers higher-quality service, and create an affordability problem for low-income residents. "AELP claims that its opt-out proposal represents an 'appropriate middle ground,' yet it offers no supporting evidence or benefit-cost analysis," BBA said. "An opt-out proposal is far from a middle ground. We respectfully request that the FCC withdraw its proposed [rulemaking]." Meanwhile, BBA also said the FCC had to pull the bulk billing ban proposal because the agency did not have regulatory authority after its Net Neutrality rules were blocked by the Sixth Circuit on Aug.1 and after the Supreme Court killed off the Chevron Doctrine in Loper Bright Enterprises v. Raimondo. "Because the FCC has no lawful basis to regulate bulk billing arrangements, it should abandon the pending NPRM that proposes restricting them," BBA said.

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