ILEC Representatives Discuss Network Testing with Chairman Pai’s Staff

On October 18, representatives from WTA, USTelecom, NTCA, ITTA and and TDS Telecom held a conference call with FCC Chairman Ajit Pai’s staff about the draft broadband performance testing Draft Reconsideration Order.  The ILEC representatives expressed their concerns regarding statements in the draft Order that stipulate that “any failure to meet speed and latency requirements will be considered a failure to deploy.” While the draft Order appears to take some steps to mitigate what amounts as “double jeopardy” under certain circumstances, numerous questions remain surrounding the potentially cascading impacts that would be occasioned through a combination of the heretofore separate penalty regimes contemplated for deployment and speed/latency testing failures.