FCC Draft Would Make Negative Broadband Deployment Finding Under Section 706
A draft FCC report would find that broadband is not being deployed fast enough nationwide to meet a statutory mandate under Section 706 of the 1996 Telecommunications Act. “While the nation continues to make progress in broadband deployment, advanced telecommunications capability is not being deployed in a reasonable and timely fashion to all Americans,” said an FCC summary of the item Thursday. FCC Chairman Tom Wheeler circulated a draft Broadband Progress Report to fellow commissioners and put it on the tentative agenda for the agency’s Jan. 28 monthly meeting.
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The recommended negative finding on broadband deployment was expected, including by Republican commissioners and major telco and cable parties that commented on a notice of inquiry in docket 15-191 (see 1508060049 and 1509160063). They said the FCC was looking for new ways to ensure a negative Section 706 broadband finding. Some say the commission’s Democratic majority is using the findings to help justify certain regulatory actions, such as its net neutrality order.
The summary cited numerous factors for its recommended negative finding, including: about 34 million Americans still lack access to 25/3 (down/up) Mbps fixed service; 39 percent of rural residents have no access to “fixed broadband” compared with 4 percent in urban areas and 10 percent overall; 41 percent of tribal residents lack such access; 41 percent of schools don’t have 100 Mbps per 1,000 students/staff, a near-term FCC goal; and the U.S. still lags internationally, ranking 16th of 34 developed countries (the commission didn’t cite a specific metric).
The report would find for the first time that advanced telecom capability requires access to both fixed and mobile broadband service. Fixed and mobile broadband services offer “distinct functions meeting both complementary and distinct needs,” the summary said. Fixed services offer “high-speed, high-capacity” connections supporting data-heavy uses such as streaming video to multiple people in a household, but doesn’t offer service outside the home. Mobile services offer Internet access while “on the go, and are especially useful for real-time two-way interactions, mapping applications, and social media,” but fulfill “a more limited range of tasks” and are subject to usage fees.
“Given the current record, the FCC does not yet set a mobile speed benchmark,” the summary said, noting the percentages of Americans, overall and in certain areas, lacking access to fixed broadband at 25/3 Mbps over recent years. For instance, 17 percent of Americans overall, 53 percent of rural residents, and 63 percent of tribal residents lacked such access in 2013.