Gabriella Novello

Industry and consumer groups clashed on whether the FCC should reclassify broadband internet access as a Title II service under the Communications Act in comments posted through Friday in docket 23-320 (see 2310190020). Commenters against reclassification warned that it would stifle innovation and competition. Supporters said the proposal would ensure consumers have equal access to broadband ahead of anticipated federal broadband deployment programs.

The FCC didn't violate the nondelegation doctrine when it used the Universal Service Administrative Co. to calculate quarterly USF contribution factors and administer USF programs, a federal court ruled Thursday. In denying Consumers' Research's challenge of the FCC contribution factor (see 2306220062), the 11th Circuit U.S. Court of Appeals noted "all USAC action is subordinate to the FCC, and the FCC retains ultimate decision-making power."

Citing the need to speed up resolution of pole attachment disputes, FCC commissioners during their open meeting Wednesday unanimously adopted an order, declaratory ruling and Further NPRM revising rules to make for faster and cheaper broadband deployment. The item builds on a 2022 proceeding seeking comment on the commission's cost allocation principles (see 2203160031).

Utility pole owners, ISPs and advocacy groups widely backed the FCC's efforts to expedite the pole attachment application process in a draft order, declaratory ruling and Further NPRM that commissioners will consider during an agency meeting next week (see 2311210043). Some sought additional clarification of definitions and transparency requirements. Others urged the FCC to add specificity to the application review process.

Industry and consumer groups disagreed on whether updating the FCC's broadband speed benchmarks is necessary (see 2311010062). Some cited ongoing federal broadband deployment programs and private investments and encouraged the FCC to focus its report to Congress regarding the state of broadband on policies that could further facilitate deployment. Comments were posted Friday and Monday in docket 22-270.

Industry and consumer groups disagreed in comments posted Thursday in docket 20-67 on whether certain certification and disclosure requirements would hinder efforts to strengthen the FCC's direct numbering access authorization process. Commissioners sought comment in a Further NPRM adopted during the agency's September meeting proposing to impose new rules on interconnected VoIP providers seeking direct access (see 2309210055).

Broadband experts debated the effectiveness of the FCC's digital discrimination order during a Broadband Breakfast webinar Wednesday. Panelists disagreed on whether the rules will lead to rate regulation or overreaching enforcement actions. Adopted by a 3-2 vote during a November agency meeting, the rules were mandated by the Infrastructure Investment and Jobs Act (see 2311150040).

FCC commissioners voted 3-2 Wednesday to adopt rules aimed at curbing digital discrimination (see 2310250070). The Infrastructure Investment and Jobs Act-mandated order takes steps to facilitate equal access to broadband and investigate instances of discrimination. The commission also adopted a Further NPRM seeking comment on additional measures the FCC can take to advance equal access.

More work is still needed to ensure providers of all sizes can participate in NTIA's broadband, equity, access and deployment program, broadband experts and industry officials said during a Broadband Breakfast webinar Thursday. Panelists welcomed the agency's recent programmatic waiver regarding the BEAD program's letter of credit (LOC) requirements and sought additional action regarding performance bonds among other policies (see 2311010040).

NTIA released a conditional waiver of the broadband, equity, access and deployment program's letter of credit requirement Wednesday. More than 300 groups in September urged the agency to remove the requirement, citing potential limitations on small providers' participation (see 2309060022).