The FCC has not only “failed to pursue meaningful solutions” to making sure broadband is being deployed in a timely and reasonable fashion, but exacerbated the problem by “arbitrarily raising” the broadband benchmark speed and imposing Communications Act Title II regulation on broadband in the net neutrality order, NCTA said in comments filed Friday. Responded to the agency’s January notice of inquiry (see 1501290043) on improving broadband deployment, the comments hadn't been posted in docket 14-126. USTelecom also filed comments on the NOI Friday, which, according to its blog, focused on removing “outdated legacy regulations” and “restrictive local rules and regulations.” The commission failed to “effectively implement many of its own prior recommendations,” including adding broadband to Lifeline and implementing the Remote Areas Fund (RAF) to deploy broadband to unserved areas, NCTA said. The commission should immediately revoke offers to ILECs for high-cost USF support that don't meet the new 25 Mbps download/3 Mbps upload standard, it said. The funding should be offered on a competitively neutral basis to any qualified broadband provider willing to provide the new speed, NCTA said. The agency should also implement the RAF and issue an NPRM to create a broadband Lifeline program, the filing said. An independent third party should also examine why there hasn’t been more progress extending broadband deployment to unserved areas, even though more than $28 billion in federal funding has been spent on the goal since 2010, the filing said. USTelecom urged the agency to grant its October 2014 forbearance petition (see 1410070050), reforming state and local regulations “that impede a provider’s ability to roll out broadband services,” and ensure that broadband providers can deploy fiber in multi-dwelling units. The FCC should “promote efficient and carefully targeted broadband deployment in rural areas” through the Connect America Fund and develop “’sooner rather than later’ a long-term universal service solution for rate-of-return carriers,” USTelecom said.
Rep. Doris Matsui, D-Calif., commended broadcasters in Wednesday’s Congressional Record. “These broadcasters provide the public with the news that is most important, and most useful for them, because it is the news from their own communities,” Matsui said. “This is true in Sacramento and across the nation. Our broadcasters play an integral role in Sacramentans' day-to-day lives, informing all of us about everything from local traffic to an in-depth look at local political issues.” She emphasized broadcasters' value during emergencies. “They have also played an important part in growing and investing in our nation’s airwaves,” she said. “The spectrum sharing agreement that the broadcasters entered into with the Department of Defense helped solidify the Federal Communications Commission’s recent record breaking spectrum auction of the AWS-3 band. This spectrum auction generated nearly $45 billion in revenue, enough to fully fund FirstNet, the nationwide interoperability network for America’s first responders and public safety officials.”
Incumbent online video distributor AT&T and relative new entrant FilmOn X disagree whether the FCC should consider online video distributors (OVDs) as multichannel video programming distributors, but agree federal regulation could be bad for the emerging business, in comments filed Tuesday in docket 14-261. Applying the “anachronistic” rules that burden MVPDs to over-the-top (OTT) services could have negative consequences, AT&T said. “Given the rapid development of the unregulated online video marketplace, it is unclear why the Commission believes it necessary -- or even wise -- to extend its regulatory authority into this space,” said Discovery, taking a similar stance. FilmOn, the Electronic Frontier Foundation and Public Knowledge see the MVPD designation as an opportunity to boost the OTT industry, if “a light regulatory touch” is used, according to FilmOn.
Responding to calls by competitive carriers for an FCC tariff investigation into so-called special access “lock down” plans -- an investigation that an industry source told us Wednesday is anticipated -- Verizon defended the practice in a letter to the agency, calling the plans “pro-customer voluntary discount[s].” At issue are plans that offer discounted services in return for commitments by competitors to buy the access service for certain lengths of time or at certain volumes.
The FTC is concerned with the White House’s proposed Consumer Privacy Bill of Rights Act because it “does not provide consumers with the strong and enforceable protections needed to safeguard their privacy,” said Bureau of Consumer Protection Director Jessica Rich in a statement Monday. “I am pleased that the Administration has made consumer privacy a priority,” Rich said, but the FTC will work with Congress and the administration "to strengthen the draft.” Consumer privacy groups made similar comments after a draft of the proposal, written by the Department of Commerce, was released Friday (see 1502270052). Industry groups also expressed concern with the proposal, saying it would hamper innovative efforts. Some Democratic lawmakers disagree and say consumers' are affected more than businesses.
The net neutrality order approved Thursday (see 1502260043) prevents states for now from making broadband contribute to states' USF, an agency official told us. Commissioner Mignon Clyburn, in voting for the overall order, opposed the restriction, but NARUC General Counsel Brad Ramsay said he doesn’t expect it to cause the same kind of backlash from states as the commission’s pre-emption at the same meeting of North Carolina and Tennessee municipal broadband laws (see 1502260030).
Not all tech players supported the FCC’s reclassification of broadband as a common carrier service, several said on a call Monday, responding to last week’s FCC vote (see 1502260043).
Thursday's party-line FCC vote to grant petitions for pre-emption of restrictive municipal broadband laws in North Carolina and Tennessee is unlikely to soon spur a legislative backlash, industry observers said in interviews. A pair of Tennessee lawmakers who favored a pre-emption petition from the Electric Power Board of Chattanooga said that they believe the commission’s vote could be helpful in their bid to modify their state's municipal broadband restrictions. The other pre-emption petition the FCC granted came from Wilson, North Carolina (see 1502260030).
In a move that could open the door for more municipalities around the country to offer broadband networks, the FCC voted along party lines Thursday to largely approve petitions pre-empting North Carolina and Tennessee laws that restrict such projects. The order, opposed by Commissioners Ajit Pai and Mike O’Rielly on state sovereignty grounds (see 1502020048), appears likely to be challenged in federal court.
The FCC approved rules reclassifying broadband as a common carrier service Thursday by a 3-2 vote before a standing-room only crowd at FCC headquarters. After months of fighting and a failed last stand by FCC Republicans, there were few surprises left by the time commissioners voted. The action now shifts to the courts and to Congress, industry officials said.