All in Broadband
According to a recent news release, Federal Communications Commission Chairman Ajit Pai has circulated an Order that will allocate over $500 million to promote rural broadband deployment. While the news release offers only general information on a few aspects of the item, presumably the FCC will use broadband reserve funds to address the current shortfall in high-cost universal service fund support.
The Federal Communications Commission has released the text of the Restoring Internet Freedom Order that repeals net neutrality rules, and replaces them with a revised transparency requirement. The Restoring Internet Freedom Order will become effective after the revised rules are approved by the Office of Management and Budget.
Some state regulatory commissions have reportedly kicked off efforts to gather information on the cybersecurity practices of rural broadband providers operating within their states using a survey developed by the National Association of Regulatory Commissioners. The NARUC cybersecurity survey contains 100 questions seeking precise details on issues ranging from network vulnerability assessments to personnel background checks. Is this a fact-finding mission, or another case of regulatory creep? Or worse, will it create a treasure trove of data ripe for the taking?
Over the last few weeks, various rate-of-return incumbent local exchange carriers that voluntarily transitioned to model-based universal service fund support have submitted ex parte letters urging the Federal Communications Commission to allocate additional funding from the high-cost reserves to the Alternative Connect America Cost Model. Specifically, A-CAM carriers want the FCC to fully fund the model – $200 of support per month, per location. The recent burst of advocacy is due to the FCC’s quickly approaching self-imposed December 31, 2017 deadline for deciding whether to increase total annual A-CAM support. However, A-CAM companies are not the only ones staking a claim to the reserve funds. Rate-of-return carriers operating under revised cost-based USF rules are in desperate need of additional funding to address the negative impact of the FCC’s high-cost budget. The FCC faces a difficult decision because there is a limited amount of high-cost reserve funds available for use, and allocating reserve funds to either group of carriers will result in increased broadband buildout in rural areas.
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?
