FCC Pre-empts Sandwich Isles' Exclusive License; Clyburn Cites Title II's Importance
The FCC pre-empted an exclusive license of Sandwich Isles Communications that the agency said, in effect, bars telecom competition in the Hawaiian home lands. Citing its authority under Section 253 of the Communications Act, the commission unanimously pre-empted enforcement of…
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an exclusivity provision of a telecom license granted by Hawaii's Department of Hawaiian Home Lands to Waimana Enterprises and then assigned to its subsidiary, Sandwich Isles, said a Monday order in docket 10-90. A draft order recently circulated (see 1706280032). Commissioner Mignon Clyburn issued a statement saying the order "highlights the importance of section 253 of the Communications Act in enabling competition. And how useless it will likely be in a broadband-only world, if the Commission’s majority moves forward with its plan to reclassify broadband as an information service. Breaking down barriers to infrastructure deployment without Title II is about as effective demolishing a wall by staring at it. Without a Title II telecommunications service at issue, today’s Order would not have been possible." Sandwich Isles didn't comment.