Public Knowledge Cites Religion, Lobbies for Section 214 Applications

Public Knowledge cited religion in lobbying the FCC on the IP tech transition, said an ex parte filing posted Thursday in docket 14-174. Public Knowledge asked the FCC to clarify that in event of natural disasters or other unforeseen circumstances, carriers are obligated to restore service or file applications for discontinuance under Section 214 of the Communications Act if they don't plan to repair their networks or restore service. It said some parties argue they shouldn't have to file such discontinuance applications in those situations. "This is apparently an application of the theory that where an Act of God has struck down a network in His terrible wrath, no mere mortal shall presume to repair it," Public Knowledge said, with a footnote citing Ecclesiastes 7:13 ("Marvel at the work of God, for who may straighten that which He has made crooked?"). "Such a religious-based theory finds no sanctuary in the statute, however. Under the plain language of the statute, a carrier is obligated to continue to provide service until it has actually obtained a certificate from the Commission finding that the discontinuance serves the public interest." Citing Section 214(c), Public Knowledge said, "In other words, regardless of whether or not the physical facility is destroyed or damaged, and regardless of whether this network damage, degradation or destruction comes from the Act of God or the hand of man, whether by sin of commission or sin of omission and casual neglect, the carrier is required to offer its preexisting service to the community at sufficient quality as to not constitute an impairment."