CONCURRING STATEMENT OF
COMMISSIONER ROBERT M. McDOWELL
Re: National Association of Regulatory Utility Commissioners Petition for Clarification or 
Declaratory Ruling that No FCC Order or Rule Limits State Authority to Collect 
Broadband Data, WC Docket No. 09-193
I understand the states’ reasons for seeking clarity on their broadband data collection 
authority, especially with regard to their broadband mapping efforts.  I am concerned, however, 
that this order may create an environment of conflicting broadband data collection rules.  Such 
complexities could force providers to expend resources on data collection rather than on 
deployment efforts.  Additionally, I urge the Commission to seriously consider preempting the 
states in any areas where there exists a conflict with federal policy.  Our nation’s broadband 
regulatory regime has been successful thus far, and I worry that this order could be used as a 
foundation for increased regulations in the broadband space rather than as a supplement to the 
current light regulatory approach.  For all of these reasons, I respectfully concur.