FCC Bureau Grants Telco Objections, Denies Two Requests To View Special Access Data

executive director. CenturyLink and Verizon objected to the request from Stevens, a tech policy writer at RedState, a political website. In an order listed in Thursday's Daily Digest and posted in docket 05-25, the Wireline Bureau denied Kushnick’s request and said there was some doubt about whether NNI provided certain commercial services and qualified as an outside consultant to a proceeding participant. Citing various NNI descriptions of its activities, the bureau said “the exact nature of NNI’s activities and Mr. Kushnick’s role (whether Mr. Kushnick is acting as a representative of NNI or is he now acting in his own capacity) is unclear.” Kushnick’s “lack of previous involvement in this proceeding along with the very general nature of his filings” raise doubt about whether he would use the data access to file comments on the specific questions raised in the proceeding, said the bureau. The FCC noted AT&T said Kushnick's main occupation appeared to be writing blog posts and books. The "lack of transparency in who is behind Mr. Kushnick's organizations" combined with his views that special access information should be made public creates added risk he would disclose commercially sensitive data, AT&T said. The FCC noted Kushnick responded that NNI intended to participate meaningfully in the proceeding. But NNI was prevented from doing so because the FCC had allowed the telcos to "run out the clock in the comment cycle, he said in a Feb. 17 filing complaining about the lack of agency action on his request. NNI had answered the telcos' “specious claims” and should be given access to the data because it “has uncovered a massive financial shell game, that was created, in large part, by the FCC, which we have dubbed the ‘Big Freeze’ -- and it directly relates to ALL special access issues in America; the newly collected data should corroborate our filings,” he said. Kushnick told us Thursday he plans to appeal the decision to the full commission. "We have a right to be heard," he said. "Our reports show the FCC has not audited the telco books for 15 years. … Our belief is the phone companies have been able to manipulate the books, and the FCC has helped them." That has led to "massive cross-subsidies," local phone rate increases and discontinuance of network services, he said. In denying Stevens access, the bureau said that “he does not claim to represent or be employed by any other entity or party to these proceedings” and thus didn’t qualify as an outside consultant or counsel to a participant.