Rubio Says Internet Freedom, Spectrum Are the Communications Issues Causing the Most Concern

Rubio started his speech with a joke: “I'm sorry I was a few minutes late. I was busy unlocking my cellphone.” He discussed how quickly the world has changed and will continue to, including the explosion in mobile apps. “There’s a confession app,” noted Rubio, a Roman Catholic. “It’s pretty amazing but the priest thought I was crazy.” But he quickly turned serious discussing what he sees as a growing worldwide threat a free Internet.

"To ensure that the Internet’s success continues and that society continues to benefit, we must keep it free from regulation both at home and abroad,” Rubio said. The FCC took a wrong turn when it adopted net neutrality rules in 2010, he said. “It was clear that this was a regulation based on speculation, implementing mandates that constitute public utility-style regulation onto broadband networks, that is clearly a step in the wrong direction.”

Internet freedom also faces a growing international threat, Rubio said, citing the World Conference on International Telecommunications in December, which approved revised International Telecommunication Regulations allowing a bigger role for governments to regulate the Internet. “A year ago, some questioned whether there was a really a threat to Internet freedom,” he said. “But after Dubai … we don’t have to wonder about the intent of some countries to oppose Internet freedom.” Rubio said “the United States has to take these developments seriously; we have to work to prevent intergovernmental control and influence over the Internet.”

Rubio said he’s also very concerned about spectrum and making sure carriers have enough of it to keep up with growth. Spectrum frequencies “are the roads to the digital age and we know right now that the roads are getting crowded and the traffic is only going to get worse,” he said. “This is not just about inconvenience, it’s not about taking a few seconds longer to view a webpage or send an email,” he said. Spectrum scarcity “could have a real dramatic impact on our economy and its ability to grow, if the demand outstrips the supply of spectrum available to the private marketplace.”

But Rubio also conceded that clearing much of the spectrum used by the federal government is no slam dunk. “There’s no doubt that the federal government, including our warfighters, needs spectrum too,” he said. “Our warfighters, our satellite communications, our operations in space, they're all examples of the importance of spectrum to government. No one would deny that. But spectrum is a limited public asset. We have to make sure that it’s being put to the best and most valuable use for our taxpayers.” He called for a “full accounting” of how government is using the spectrum it already has, as well as “accurate estimates of what will be required to clear spectrum.” NTIA and the Office of Management and Budget must also hold federal agencies “accountable,” he said.

Regulatory uncertainty is a “job killer,” Rubio said. “We've all heard stories of applications sitting at the commission for years, rulemaking proceedings remaining open with no deadline or decision in sight,” he said. “How does that create certainty for someone whose trying to make a business decision.” He singled out the FCC’s Title II docket, which is examining whether the commission should reclassify broadband as a common carrier service, subject to increased regulation. “It’s a massive change for how the Internet would be regulated and how the industry would operate,” he said. “It has remained open for three years, just sitting there like a threat."

In a panel on spectrum policy, CTIA Vice President Chris Guttman-McCabe and NAB Executive Vice President Rick Kaplan exchanged body blows on the implications of Rubio’s speech and his warnings of the changes to come.

"I don’t know what’s next,” said Kaplan, former FCC Wireless Bureau chief. “When you think about spectrum policy I don’t think about rushing to give every last megahertz to the commercial wireless industry; I think about how do we think spectrum policy in general, I think about efficient use.” Spectrum policy shouldn’t be based on “what the flavor of the month is” and “can we move one service to another,” he said. “We have to take the long view.” Kaplan noted that according to the FCC, the U.S. has more spectrum coming online for broadband “than almost any country in the world."

"I'm going to download the confession app for Rick that the senator spoke about,” Guttman-McCabe said. “The reality is every country you would think about comparing ourselves to from a technology perspective has hundreds and hundreds of megahertz either in the pipeline or has already brought it to market, unlike ours.” Guttman-McCabe said there’s “an absolute direct connection between usage, demand and the need for more” spectrum.

Verizon Executive Vice President Tom Tauke said a common theme emerged at the conference Thursday. “The statute that governs the broadband, video and spectrum areas is outmoded, outdated, obsolete,” Tauke said. “The FCC and other agencies of government are trying to work within that statute but they are working with a real handicap because the fundamental policy of the nation is obsolete.” Tauke said to get more spectrum online requires lots of planning years ahead of time. “From the time you think about it until the time it’s actually available, the track record is it takes 10 to 15 years,” he said. “We have to be thinking now about 2025 and what the needs are going to be then.”