For three quarters of a century, the Communications Act has defined a successful communications policy as fostering ubiquitous, affordable service available on a nondiscriminatory basis in competitive markets. The penetration of phone service of over 90% for a quarter of a century in this country, as compared to penetration rates in most of the rest of the world, was widely touted as an example of our success as a nation and as critical to maintaining a unified society in which all had access to a technology critical for health, safety, and economic advancement.
FCC Releases Notice of Inquiry on Broadband Progress
Section 702 of the 1996 Telecommunications Act requires the FCC to report annually on whether "advanced telecommunications capability is being deployed to all Americans in a reasonable and timely fashion." The FCC kicked off its tenth such report on Tuesday by releasing a "Notice of Inquiry," (NOI) in effect asking individuals and groups around the country to offer relevant data and comments.
This process amounts to a kind of crowdsourced "State of the Union" on broadband issues. In addition to determining how many people in what areas have broadband access, this NOI also asks the critical question of how exactly the FCC should define broadband. The current definition of 4mbps download capacity and 1mbps upload may have been sufficient in the past, but isn't adequate for even recreational household use by many Americans today, let alone the demands of running a business and conducting commerce online.
This NOI also asks some arcane but important questions about other aspects of broadband definitions, including latency (the speed of data moving within a network, a different measure than bandwidth) and the widespread use of data caps and other policies in the telecom industry.
Obviously the answers to all these questions have significant implications for municipal networks. Inadequate or overly-loose definitions of broadband allow incumbents to claim that they are providing excellent service to just about everyone in a given area, when that is often far from the truth. Many restrictive state laws limiting municipal networks, as well as federal grant programs that may support such networks, are based on whether an area is defined as already served or underserved, which may be dependent on FCC benchmarks. As is often the case in regulatory issues, the devil is in the details.
FCC Chairman Tom Wheeler introduced the NOI with the following statement:
Congress has instructed us that all Americans should have access to robust broadband services, no matter where they live. Because consumers demand increasing levels of bandwidth capacity to support the applications they want to use online, we are asking if it is time to update the benchmark broadband speed. And as more people adopt faster broadband speeds, we are asking if all consumers, even in the most rural regions, should have greater access to better broadband.
We here at ILSR believe the answer to both questions is a resounding "YES." The due date for initial comments is September 4th, and ILSR intends to make its voice heard.