As the FCC has done for all proceedings since Chairman Ajit Pai took over in January 2017, the FCC released the Fact Sheet and Draft Order in the Restoring Internet Freedom proceeding three weeks in advance of its December 14 vote. In response to the release, Commissioner Mignon Clyburn published her own Fact Sheet and Glossary about the harms she believes the Order will create.
Here is her definition for “cost-benefit analysis:”
Cost-benefit analysis – Despite insufficient data and data to the contrary, the Chairman's Order draws conclusions by only accepting self-serving statements made by large broadband providers. It makes no effort to verify these claims against the statements these very same companies have made in filings before the Securities and Exchange Commission (SEC).
However, in the Draft Order, the FCC concluded that broadband investment declined by 5.6% since the adoption of the Title II Order. This figure, compiled by Hal Singer, uses data that comes directly from broadband ISP’s 10-Q and 10-K forms, which are required by the SEC. Even my blog estimating a $5.6 billion decline in broadband investment since the Title II Order, which also was cited in the Draft Order, uses data collected directly from these filings required by the SEC. Broadband ISPs are reporting figures to the SEC that are consistent with what they also are telling the FCC; broadband investment has declined since the Title II Order was adopted.For a more accurate assessment of the FCC’s proposal to conduct a cost-benefit analysis, see this July 2017 Perspectives from FSF Scholars by FSF Senior Fellow Ted Bolema.