FCC NOI Suggests Both Mobile, Fixed Service Necessary for Broadband Finding

fixed satellite services in its annual assessment of whether “advanced telecom capability” (i.e., high-speed broadband) is being deployed to all Americans on a reasonable and timely basis; previously it had just looked at fixed terrestrial broadband deployment. If the commission finds broadband isn't being deployed to all Americans fast enough, it's mandated to take immediate steps to remove barriers to deployment. The NOI included several suggestions that mobile and fixed broadband services weren't substitutes for each other. There are “a number of factors indicating that mobile and fixed broadband appear to be different services … and that each currently appears best suited to serve different consumer needs,” the FCC said. “We seek comment on whether to treat access to both fixed and mobile broadband as necessary components of advanced telecommunications capability.” The FCC also sought comment on keeping its 25/3 Mbps broadband speed definition for terrestrial fixed service -- and extending it to fixed satellite service -- while setting a lower speed definition for mobile terrestrial service. It also inquired about possible latency and service consistency benchmarks. Commissioner Ajit Pai, who partially dissented, said in his statement: “The Notice is filled with page after page of new conditions, novel tests, and nebulous qualifiers designed to give the agency plenty of ways to ensure a negative finding when the pen hits the paper.” This year, the FCC used a negative broadband deployment finding to help justify its net neutrality and broadband reclassification order. The next report is expected in February.