All in Broadband
Federal Communications Commission Chairman Ajit Pai has circulated a draft order that will roll-back the net neutrality rules adopted in the FCC’s 2015 Open Internet Order. In their place, the order imposes the transparency rule adopted by the FCC in the 2010 Open Internet Order, with certain modifications. The FCC is expected to adopt the order at its December 14th open meeting.
The U.S. Court of Appeals for the Fourth Circuit is currently reviewing BMG Rights Management (US) LLC v. Cox Communications, Inc., an appeal of a decision in a copyright infringement lawsuit. The case has been monitored closely by copyright attorneys and ISPs. Its outcome could have major ramifications on the fight against online piracy and the duty of ISPs to act as copyright police for the content industry. This blog post summarizes the lower court’s summary judgment decision which stripped Cox Communications of its DMCA safe harbor defense.
Congressional Democrats have released their “Better Deal Broadband” plan that proposes to use $40 billion in federal funding to help make high-speed broadband Internet access services available to the 34 million Americans, including 23 million rural Americans, that do not have it. The plan is part of a larger “Better Deal” economic agenda put forth earlier this year by Democrats.
The Federal Communications Commission has released a Notice of Inquiry to examine allowing wireless broadband services in spectrum bands between 3.7 and 24 GHz. Specifically, the FCC is seeking detailed comment on three sets of mid-band frequencies: 3.7 - 4.2 GHz; 5.925 - 6.425 GHz; and 6.425 - 7.125 GHz. Comments are due on or before October 2, 2017, and reply comments are due November 1, 2017.
The FCC has released a Notice of Inquiry requesting comment on whether broadband is being deployed to all Americans in a reasonable and timely fashion, in order to produce the 13th Broadband Progress Report. The Notice of Inquiry departs from previous FCC broadband assessments by, among other things, proposing to find the availability of advanced telecommunications capability requires access to either fixed or mobile services; proposing to set a 10/1 Mbps speed benchmark for mobile broadband services; and measuring annual broadband deployment by comparing deployment to census blocks in a present year to deployment in previous years. The 13th Broadband Progress Report will be the FCC’s first report issued under the Chairman Pai regime. Based on the views Chairman Pai expressed when he was a Commissioner, the 13th Report will likely overhaul the entire Section 706 process, and conclude that broadband is being deployed to all Americans in a reasonable and timely fashion.
Recent ex parte filings made by NTCA–The Rural Broadband Association and rural broadband providers show that the FCC’s fixed budget for the high-cost portion of the universal service fund is obstructing rural broadband deployment. It’s estimated that the high-cost budget will produce a support shortfall of $173 million over the next 12 months, which has already forced rural carriers to roll back deployment plans. NTCA claims the FCC is obligated to review the budget by the end of this year, which presumably will lead the FCC to conclude that the budget is insufficient to maintain and increase deployment of rural broadband networks. NTCA’s assertion is based on language in the Tenth Circuit’s decision upholding the 2011 USF/ICC Transformation Order. Is the FCC required to make a review or is this something that is merely within the discretion of the FCC?
In the 2016 Rate-of-Return Reform Order, the Federal Communications Commission imposed a strict budget control mechanism over the $2 billion rate-of-return portion of the total $4.5 billion universal service high-cost fund. However, the fixed USF budget will result in a shortfall of support estimated at $173 million over the next 12 months. A recent survey conducted by NTCA—The Rural Broadband Association shows that rural broadband providers have already decided to roll back network investment over the next 12 months because of reduced USF support.
Microsoft has announced an ambitious plan to help bring broadband to the approximately 23.4 million rural Americans that lack service with speeds of 25 Mbps downstream. Through its new “Airband” initiative, Microsoft will partner with rural telecommunications companies by covering certain capital costs of deploying TV White Space networks. Microsoft has set a goal of bringing broadband connectivity to 2 million people in rural America by July 4, 2022.
As part of its recent report on various problems with the Lifeline program, the U.S. Government Accountability Office recommended that the money that makes up the universal service fund be moved from a private bank account to the U.S. Treasury. According to the GAO, one “benefit” of the move is that USF money could be used to offset federal debts. Is this a good idea?
The Federal Communications Commission has determined that an exclusive license to provide telecommunications services granted by the state of Hawaii to Sandwich Isles Communications, Inc. violates Section 253(a) of the Communications Act, and as a result, has preempted enforcement of the license.
