FCC Chairwoman Rosenworcel Wants Definition Of Broadband Increased To 100/20 Mbps
July 15, 2022 – Federal Communications Commission (FCC) Chairwoman Jessica Rosenworcel has circulated to the other FCC Commissioners a Notice of Inquiry to initiate the FCC’s annual Broadband Deployment Report on the status of fixed and mobile broadband service in the U.S.[1]
As part of this year’s assessment, Chairwoman Rosenworcel has “proposed increasing the national standard for minimum broadband speeds and proposed setting a long-term goal for broadband speed.” Specifically, Chairwoman Rosenworcel has proposed the following key updates to the FCC’s annual broadband deployment review:
The Notice of Inquiry proposes to increase the national broadband standard to 100 megabits per second (Mbps) for download and 20 Mbps for upload, and discusses a range of evidence supporting this standard, including the requirements for new networks funded by the Infrastructure Investment and Jobs Act.
The Notice of Inquiry proposes to set a separate national goal of 1 Gbps/500 Mbps for the future.
Section 706(b) of the Telecommunications Act of 1996, directs the FCC to annually inquire whether advanced telecommunications capability (broadband) is being deployed to all Americans in a reasonable and timely fashion.[2] Advanced telecommunications capability is described as high-speed, switched, broadband telecommunications capability that enables users to originate and receive high-quality voice, data, graphics, and video telecommunications using any technology.[3] If the FCC determines that broadband is not being deployed in a timely manner, Section 706(b) requires the FCC to take immediate action to accelerate broadband deployment by removing barriers to infrastructure investment and promoting competition. The FCC issued its first report in 1999. Since then, the FCC has increased the definition of broadband only twice:
1999 – First Broadband Deployment Report: The FCC initially defined broadband as having the capability of supporting, in both the provider-to-consumer (downstream) and the consumer-to-provider (upstream) directions, a speed in excess of 200 kilobits per second (kbps) in the last mile.
2010 – Sixth Broadband Deployment Report: In 2010, the FCC increased the definition of broadband from services in excess of 200 kbps in both directions to 4 Mbps downstream and 1 Mbps upstream.
2015 – 2015 Broadband Progress Report: In 2015, the FCC increased the definition of broadband from 4/1 Mbps to its current level of 25/3 Mbps.
The FCC currently has only four members – two Democrats and two Republicans. In order for the FCC to approve the definitional change to “broadband,” three out of the four FCC Commissioners must vote to approve it. This is unlikely with the current make-up of the Commission. President Biden has nominated a fifth commissioner – Gigi Sohn – who would likely approve the measure, but her nomination continues to languish in the Senate.
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[1] Chairwoman Rosenworcel Proposes To Increase Minimum Broadband Speeds And Set Gigabit Future Goal, Proposed Benchmarks Aimed At Giving Public Faster Broadband Service, FCC News Release (July 15, 2022), https://docs.fcc.gov/public/attachments/DOC-385322A1.pdf.
[2] Telecommunications Act of 1996, Pub. L. No. 104-104, § 706, 110 Stat. 56, 153, codified at 47 U.S.C. § 1302(a). The FCC refers to the reports required under section 706 of the Act as “broadband deployment reports.”
[3] 47 U.S.C. § 1302(d)(1).
