Final Version of Section 706 NOI Has Numerous Changes Over Draft
The FCC added numerous questions to its draft notice of inquiry on how the agency examines competition in its Telecom Act Section 706 reports to Congress. The NOI was approved 3-0 ahead of Thursday’s FCC meeting. Democratic Commissioner Anna Gomez said in a statement Wednesday that questions were added on broadband affordability at her urging, and she was, as a result, able to vote in favor of it (see 2508060061). The FCC posted the final version Friday.
Sign up for a free preview to unlock the rest of this article
Communications Daily is required reading for senior executives at top telecom corporations, law firms, lobbying organizations, associations and government agencies (including the FCC). Join them today!
The Section 706 reports have been contentious in the past. Last year, now-Chairman Brendan Carr and former Republican Commissioner Nathan Simington dissented on a report concluding that broadband isn't deployed in a "reasonable and timely fashion," with about 24 million Americans lacking access to speeds of at least 100/20 Mbps (see 2403140050).
The questions added to the NOI seek comment “on whether broadband service should be considered ‘available’ to a household if it is not affordable" and ask for "input on how the broadband landscape has shifted, especially for low-income and rural communities, including following the lapse of the Affordable Connectivity Program.” In another change, the NOI now asks how the benchmark selected for defining advanced telecommunications capability “may potentially impact the ability of individuals in rural communities and other underserved populations to fully participate in the digital economy.”
The FCC also added questions on the implications of taking out a long-term goal for broadband speeds. “What impact, if any, does the absence of a long-term goal have on innovation or on the nation's ability to remain competitive with emerging technologies such as artificial intelligence?" the final version asks. “How, if at all, will AI-driven, data-intensive applications redefine the minimum broadband speeds required for global competitiveness? Are there other reasons not to maintain the long-term goal?”
The final version also speeds up the process for seeking comments. In the draft, initial comments were to be due 30 days after publication in the Federal Register, replies 45 days after. Instead, comments are due Sept. 8, replies Sept. 23, in docket 25-233.
Comments from Carr and Gomez were attached to the NOI. Carr tied the item to the commission’s “Build America Agenda,” which he proposed in July (see 2507020036). “It’s important that we continue to measure our progress and identify the areas where improvement is needed,” and the NOI “will do just that,” he said.
Carr also noted his objections to the 2024 proceeding, saying it “failed to adhere to the language of the statute and marked a significant departure from agency precedent.” With the current version, “we are course correcting by adhering to the language of the statute and asking questions that will allow us to evaluate, in a technology neutral manner, whether broadband is being deployed to all Americans in a reasonable and timely fashion.”