Competitiveness Report Sees Deregulatory Calls, Split on Mobile and Fixed as Substitutes
There's no consensus whether mobile and fixed communications services are complementary or substitutes in docket 20-60 comments this week for the FCC's communications market competitiveness report to Congress. The agency got requests for further smoothing access to poles and rights of way for wireline broadband access.
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Some industry groups said mobile and fixed broadband should be considered complementary, not substitute services. Measuring available broadband access must be done by looking at both fixed and mobile service availability, Incompas said, criticizing using form 477 data for measurement and saying broadband services should be counted only if physically available. It also urged a separate assessment of business data services. NTCA said universal support in rural areas should target both fixed and mobile networks. CTIA and the Free State Foundation said the FCC should clarify Section 6409(a) of the Spectrum Act on non-substantial modifications to cellsites to make wireless infrastructure upgrades easier.
Policies often protect incumbents from new competition, an example being Communications Act Section 224 -- granting nondiscriminatory access to investor-owned utility poles -- not covering providers that aren't carriers or cable ISPs, said Google Fiber. It said state laws barring or limiting municipal broadband mean new entrants can't negotiate public-private partnerships or use those muni open access networks. New entrants that aren't telecom carriers or video programming providers with a state or local franchise also have difficulty getting access to public rights of way, it said. Rural Digital Opportunity Fund rules need to be technology neutral and satellite broadband shouldn't be blocked from competing for high-cost customers, Hughes said. It said the FCC needs to ensure all platforms have long-term access to enough spectrum. The Satellite Industry Association said adequate spectrum access is needed for continued satellite investment. Iridium urged allowing discrete changes to be made to earth station authorizations without unnecessary prior notification.
End the requirement incumbent carriers open their networks to competitors at nonmarket rates, USTelecom said, saying such rules puts a regulatory burden on incumbent providers even as they "hold a small and shrinking share of the market." It urged removing state requirements on rates and billing practices that apply only to ILECs.
Get the lower 3 GHz band ready for more commercial wireless use by removing the existing nonfederal secondary radiolocation and amateur allocations in 3.3-3.55 GHz and relocating incumbent nonfederal operations, CTIA said. It sought streamlined spectrum licensing, transfer and assignment processes.
Delay the 5G Fund until data is better on where broadband support needs to go, said the Competitive Carriers Association. That's "unlikely to add significant funding delay" but will ensure the money goes where most needed, it said. It suggested sometimes using spectrum aggregation limits and a requirement mobile wireless equipment work across all bands.
Audio and video markets "are more competitive than ever," meaning increased business pressures on stations, NAB said. It said the FCC "cannot maintain its woefully outdated view" of broadcasting only competing against other stations, and the agency needs to broaden definitions of relevant competitive markets. The American TV Alliance said the agency needs to keep in mind broadcaster consolidation, growing blackouts and skyrocketing retransmission consent fees. Looser limits on local radio ownership would just magnify the diversity and localism harms from local radio consolidation, said the Future of Music Coalition and musicFIRST Coalition.
Along with urging revisiting children's TV advertising rules, NCTA said the agency should forebear USF eligible telecom carrier requirement, which artificially limits which providers can take part. It pushed for reduction of permitting and pole attachment obstacles to fixed broadband deployment. Declare the fixed broadband market competitive, ACA Connects asked.
Non-U.S. non-geostationary orbit satellite services have a regulatory advantage over U.S-licensed systems, SpaceX said, citing foreign operators not paying application filing fees or annual regulatory fees or having to comply with U.S. orbital debris rules, and urging regulatory parity. It said Ka-band gateway earth siting rules are unduly burdensome.