WASHINGTON, D.C. August 28, 2007 — The Center for Public Integrity's lawsuit to obtain broadband records from the Federal Communication Commission was denied in the U.S. District Court for the District of Columbia by Judge Ellen Segal Huvelle on the grounds that public disclosure of the requested data would be "likely to cause substantial competitive harm" to the submitting companies. The Center originally filed its lawsuit on Sept. 24, 2006, in an effort to make broadband data publicly searchable by ZIP code.

AT&T, Verizon Communications, the United States Telecom Association (USTA) and the Wireless Communications Association International (WCAI) intervened in the lawsuit on behalf of the FCC. The National Cable & Telecommunications Association (NCTA) and the wireless association CTIA filed “friend of the court” briefs supporting the agency’s position.

The Center’s telecommunications and media project seeks to include broadband data in its Media Tracker, a free Internet-based ZIP code searchable database of radio, television, newspaper and cable companies. Broadband companies are required to file forms with the FCC twice a year that identifies the number of broadband connections and types of technology in which it has deployed broadband on a ZIP code basis.

“The Center remains eager to include information about local broadband deployment, just as it does for local television, radio and cable providers,” said Drew Clark, senior fellow and project manager of the Center’s “Well Connected” project.

“The Center is considering its legal options, including an appeal or a motion for Judge Huvelle to reconsider her decision,” said Peter Smith, Center research editor and legal counsel.

In its most recent legal filing, the Center argued that the court could avoid any potential competitive harm by ordering the FCC to redact both the number of broadband connections in a ZIP code and the technology types. Judge Huvelle rejected that argument.

The FCC has consistently denied the public access to its database of broadband service providers. The Center believes in the importance of making the locations in which companies sell high-speed Internet service publicly available, particularly as broadband delivery plays an increasingly important role in the economy, society and democratic participation.