As a result, the primary consideration in the Commission's development of a specific solution under Section 706 is the impact that it will have on investment in advanced telecommunications capability. The Commission must optimize investment in making its decision under Section 706. TIA believes that once the Commission makes a determination regarding the level of advanced telecommunications deployment, more narrowly-crafted solutions may emerge. Increasingly, the Commission speaks of using the Internet as a model of how advanced telecommunications capability and service offerings can develop. Unfortunately, these services will not develop at the rate that the Internet has unless and until the Commission reduces the role that regulation plays in the development of the market.
Prophylactic regulation is unlikely to foster Internet-like growth of such technologies.
The Commission often speaks of its oversight of the communications industry evolving from hands-on regulation to enforcement in instances where there is evidence of anticompetitive behavior. The result would be that the antitrust laws become increasingly important. The Commission can and should use this Section 706 proceeding as a way of moving substantially toward that goal by seeking ways to reduce the heavy-handed regulation that appears to be handicapping the industry. The first step is for the Commission to reach these conclusions in the report that the Commission is obligated to issue in this proceeding. TIA looks forward to the Commission's report in this proceeding.