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FCC Section 706 Inquiry Draws More Mixed Views on ATC Availability, Metrics

Parties continued to offer a jumble of views on the FCC inquiry into whether advanced telecom capability (ATC) is being deployed to all Americans in a reasonable and timely way, as reply comments were posted Wednesday and Thursday in docket…

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16-245. CTIA said U.S. mobile broadband deployment was "the envy of the world, and by any reasonable metric" must be found to satisfy the mandate in Section 706 of the Telecom Act. The Wireless Infrastructure Association agreed, saying new mobile benchmarks aren't needed and the FCC should decline to require that both fixed and mobile service be available to reach a positive determination. But U.S. Cellular cited evidence in the record for a negative mobile broadband finding and requiring both mobile and fixed broadband availability in assessing ATC deployment. It also said "faulty data is compromising" FCC ability to make accurate mobile broadband evaluations, particularly in rural areas, and backed a new proceeding to fix the problem. T-Mobile said "constraints on critical input resources" continued to impede broadband availability, particularly spectrum for mobile broadband. The Wireless ISP Association said there is strong support for the FCC's proposal to keep its 25/3 Mbps fixed ATC standard. WISPA opposed a fiber group's proposal to use deployment of all-fiber networks, instead of data speed, as the standard, as well as Netflix's "self-serving proposal to introduce regulation of data caps and other usage-based pricing plans." Adtran voiced similar concerns about those proposals and a Deere proposal targeting broadband in agricultural areas. NTCA also backed the 25/3 Mbps fixed (and satellite broadband) standard, but is concerned about the "lingering inconsistency" with lower speed requirements for rural USF support. But the Utilities Technology Council said the fixed standard should be raised to at least 50/20 Mbps and take into account factors such as latency and jitter. The Power & Contractors Association also suggested the fixed standard be raised. ViaSat said the FCC should fully consider satellite broadband in making its ATC determination and opposed consideration of jitter. The Free State Foundation said any fair assessment of the facts would find broadband is being reasonably deployed to all Americans. Will Rinehart, technology director at the American Action Forum, said the FCC should focus on removing investment barriers and lower the speed threshold to an "economically supported competitive level of broadband service."