Parties Split Over Broadband Progress, Possible FCC Reliance on Mobile as Fixed Substitute
Parties are divided over whether broadband is being rolled out adequately across the country to satisfy a statutory mandate. Telco and cable heavyweights said broadband-like advanced telecom capability (ATC) is being deployed in a "reasonable and timely fashion" to all Americans pursuant to Telecom Act Section 706. But consumer groups, smaller providers and others cited shortcomings in availability and said the commission should consider affordability and other factors. There were disagreements over methodology and whether the FCC could make a positive ATC finding based on the presence of either mobile or fixed service, or whether both were required. Further comments (see 1709210061) on a notice of inquiry were posted Thursday and Friday in docket 17-199.
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The largest telcos said ATC is being deployed in a reasonable and timely way. Broadband provider investments in next-generation fixed and mobile networks are giving consumers "access to an ever-growing array of innovative and high-quality services," said Verizon, urging the FCC to "undo its recent practice of manufacturing new tests" to justify a negative ATC determination. AT&T urged the agency to "correct" past "misinterpretations" and evaluate progress: "Congress did not intend to preclude a finding of timely deployment unless all 320 million Americans already have the most advanced technologies available." The telcos said both fixed and mobile deployment meet the mandate, though Verizon said the presence of either mobile or fixed ATC is enough and urged the FCC to "refrain from adding any new unnecessary or unrealizable criteria (such as latency and consistency/reliability of service)."
Major cable and telco trade groups also urged a positive determination. "Any rational analysis of the U.S. broadband market must conclude [ATC] is being deployed in a reasonable and timely fashion," said NCTA. "Prior reports have set the bar for reasonable and timely deployment so high -- 100 percent deployment and adoption of [ATC] -- that it would be impossible for the Commission to reach a positive finding. Chairman [Ajit] Pai has aptly referred to this as the 'are we there yet' test." USTelecom backed evaluating deployment on the availability of either fixed or mobile broadband. CTIA said "basic statutory interpretation and market realities alike dictate a determination that mobile wireless broadband has been, and continues to be, more than reasonable and timely." Network engineer Richard Bennett said the evaluation "should stress wireless over wired networks."
Consumer groups said the NOI relies on industry proposals not the law, as Congress enacted a 2008 Broadband Data Improvement Act "to address widespread dissatisfaction" with past FCC "failures" to probe broadband adoption, deployment and access at a granular level. The "proposals in the NOI to equate mobile broadband with fixed broadband to the home -- especially at a lower standard of speed and reliability -- flatly contradict the framework," said Public Knowledge and others. "Rural, lower-income, and minority communities, who often lag behind other communities in terms of their access to, and adoption of affordable, high-speed broadband, would be disparately affected." Broadband deployment "is far from reasonable for millions," said the National Digital Inclusion Alliance. Commissioner Jessica Rosenworcel said Wednesday possible reliance on 10/1 Mbps mobile broadband could effectively lower the 25/3 Mbps ATC speed standard, applied to fixed service (see 1709200042).
Many said mobile broadband is no substitute for fixed and urged the FCC to require both. Mobile broadband "is typically more expensive, less reliable (especially in rural areas), slower, and subject to data caps and expensive overage fees," and "is typically accessed on devices with smaller screens and limited computational abilities," said New America's Open Technology Institute. The Wireless ISP Association said access to ATC "clearly requires the presence of both fixed and mobile services." Microsoft said mobile and fixed broadband are complementary not substitutable, and it urged the FCC to define ATC benchmarks in a way that "aspires to improvements." Those skeptical of mobile broadband as a fixed substitute included: ITTA, Mimosa Networks, Deere, NetMoby, New York City, North Carolina Broadband Infrastructure Office and the Institute for Local Self-Reliance and Next Century Cities.
Satellite broadband is an important piece of the puzzle, said World Vu Satellites (One Web) and SES and subsidiary O3b. Adtran said the FCC was asking the right questions. Telecommunications for the Deaf and Hard of Hearing and other related groups said broadband must be available to such individuals. EducationSuperHighway urged efforts to bring very high-speed services to schools.