NHMC Seeks OGC Review of 'Missing' Open Internet Complaint Materials; CTIA Seeks Pre-Emption
The National Hispanic Media Coalition asked for FCC Office of General Counsel review of a Sept. 14 letter from Associate General Counsel Elizabeth Lyle citing "final production of documents" in response to NHMC Freedom of Information Act requests for open…
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internet complaint materials. NHMC said it flagged "missing documents" but its concerns "were not addressed and at times ignored." The documents "remain critical evidence in the Net Neutrality proceeding," said Carmen Scurato, director-policy and legal affairs, in a release Tuesday on an application for review in docket 17-108. "Failure to provide the complete set of documents" is "a clear violation" of FOIA obligations, and illustrates agency "refusal to acknowledge the importance and relevance of over 55,000 consumer complaints and 18,000 carrier responses," she said: "The FCC's stubborn stance may well violate the Administrative Procedure Act requirements and fatally impact the validity of any FCC final Order that eliminates the Net Neutrality rules." NHMC said it received only 823 pages of carrier responses, and didn't receive rebuttals to those responses, attachments to consumer complaints, certain complaint-resolution data and FCC ombudsperson emails and attachments, and other documents. The FCC declined comment Wednesday. Meanwhile, CTIA said if the FCC reclassifies broadband access as an integrated information service under Communications Act Title I, it should rule that "state and local broadband-specific regulation is incompatible with, and thus preempted by, the federal policy established by Congress favoring nonregulation of such offerings," in a filing on a meeting with OGC staff including General Counsel Tom Johnson.