Federal Communications Commission FCC 07-149 STATEMENT OF COMMISSIONER DEBORAH TAYLOR TATE Re: Petition of ACS of Anchorage, Inc. Pursuant to Section 10 of the Communications Act of 1934, as Amended (47 U.S.C. § 160(c)), for Forbearance from Certain Dominant Carrier Regulation of Its Interstate Access Services, and for Forbearance from Title II Regulation of Its Broadband Services, in the Anchorage, Alaska, Incumbent Local Exchange Carrier Study Area, Docket No. WC 06-109. In this decision we once again recognize the significant facilities-based competition that exists in the Anchorage market between the incumbent local exchange carrier, ACS of Anchorage, Inc. (ACS) and other carriers such as General Communications, Inc. (GCI). I support moving away from regulation where the record shows that a competitive market exists, rendering those regulations unnecessary. Today’s Order takes a carefully balanced approach, providing regulatory relief to the incumbent ACS in areas in which GCI has captured significant market share and is capable of serving a significant proportion of the consumers in the market over its own network, but denying relief where the state of facilities-based competitive entry does not yet warrant regulatory forbearance. Accordingly, I support today’s Order removing legacy regulations where robust competition has rendered those regulations no longer necessary to maintain a competitive market.