Broadband experts emphasized the need for the FCC to reclassify broadband internet access service as a Communications Act Title II telecom service Thursday. "Today, there is no expert agency ensuring the internet is fast, open, and fair," Ramesh Nagarajan, FCC Chairwoman Jessica Rosenworcel's chief legal adviser, said during a New America Open Technology Institute event (see 2310190020). Multiple court decisions have made it clear that "Title II is the foundation of strong, legally sustainable net neutrality rules," Nagarajan said, adding it would also aid in the commission's efforts in addressing national security, cybersecurity and public safety. Hooman Hedayati, Communications Workers of America senior strategic research associate, agreed. Title II allows regulators to "require service quality standards and basic safeguards so that networks are there at times of emergencies," Hedayati said. Title II reclassification and net neutrality are "incredibly relevant to individual privacy for lots of reasons" said Stacey Gray, Future of Privacy Forum senior director-U.S. policy. "The most obvious one is that it's the most clear hook, arguably mandate, that the FCC has for promulgating specific and robust privacy rules" for broadband providers, Gray said. Future of Music Director Kevin Erickson noted net neutrality protections would also allow online creators to have more choice when deciding on platforms that best fit their business models. It gives smaller creators "the same level of access to audiences that huge corporations have," Erickson said. "Net neutrality policy is competition policy" because it ensures that consumers and small businesses can access online content and services "without undue interference by their ISP," said Incompas President Angie Kronenberg. Consumers "don't have a lot of choice" in the home broadband marketplace, Kronenberg said. Providers offering broadband service need only the nondiscriminatory access and rights provided through reclassification to "build the networks faster and more affordably," she said. "Most consumers do not have Title II-regulated services for their communications needs," Hedayati added. A national framework established at the FCC that is ultimately responsible for ensuring consumers and businesses have access to affordable services and choice is necessary, Kronenberg said, because "we don't have a place to really go right now to say there's an issue" when one is identified.
Industry and state broadband officials encouraged engagement with local stakeholders and providers as states prepare to implement their plans for NTIA's broadband, equity, access and deployment program (see 2402060081). NTIA is "looking at 2024 as the year of execution" for the BEAD program, said acting Deputy Administrator Sarah Morris during a USTelecom webinar Wednesday.
The FCC Precision Agriculture Task Force met Wednesday, welcoming new members and discussing the group's mandate as it kicked off its third and final term (see 2308210069). The commission gave it the task of identifying gaps in broadband availability on agricultural land, as well as providing recommendations for rapid deployment and data collection.
Broadband experts and industry officials emphasized the need for coordination between ISPs and state broadband officials to ensure rural and hard-to-reach communities have affordable broadband access as NTIA's broadband, equity, access and deployment program continues moving forward. Panelists during an NTCA webinar Tuesday also encouraged ISPs to engage with community stakeholders and local officials, as required by BEAD, to craft effective digital equity plans (see 2401120004).
A three-judge panel from the U.S. Court of Appeals for the D.C. Circuit pressed Consumers' Research Friday on its challenge of the FCC's Q2 2023 USF contribution factor (case 23-1091). During oral argument, judges also questioned the group and the FCC about Universal Service Administrative Co. calculations to determine quarterly factors and definition of universal service (see 2401100044).
Industry officials are concerned about uncertainty surrounding the FCC's affordable connectivity program following the agency's recent announcement that ACP wind-down procedures were beginning and the ACP Extension Act was introduced (see 2401100056). Some warned about challenges associated with keeping the more than 22 million enrolled households online should the program end before additional funding is available. Even if the ACP Extension Act is successful, some observers predicted recipients may not return owing to reenrollment confusion or other issues.
Industry opposition to an FCC proposal reclassifying broadband as a Title II service under the Communications Act continued in reply comments posted through Thursday in docket 23-320 (see 2312150020). Most groups warned reclassification would stifle competition. Some consumer groups disagreed, urging the FCC to reinstate its net neutrality rules without preempting state and local governments.
Consumers' Research asked the U.S. Supreme Court to grant its cert petition challenging the FCC's method for determining the USF quarterly contribution factor, saying the case presents "an excellent vehicle for addressing the contours of nondelegation whose abuses highlight the dangers of delegated and politically unaccountable power." Docketed Friday (docket 23-743), the petition asked the court to review a Dec. 14 decision by the 11th U.S. Circuit Court of Appeals upholding the Q4 2022 contribution factor (see 2312140058). Responses to the new petition are due Feb. 8.
More funding is "urgently needed" to maintain the FCC's affordable connectivity program, Chairwoman Jessica Rosenworcel told lawmakers in a letter Monday. Reps. Yvette Clarke, D-N.Y., and Brian Fitzpatrick, R-Pa., plan to introduce legislation Wednesday that would provide ACP with stopgap funding, though Congress’ appetite for providing the program more money remains in question given misgivings among top Republicans on the House and Senate Commerce committees (see 2312210074), communications policy-focused lobbyists told us.
Industry and consumer groups urged the FCC to proceed with a proposal to take additional steps aimed at curbing abuse of the numbering access authorization process. Replies were posted through Tuesday in docket 20-67 (see 2311300067). In addition, some groups opposed the proceeding, calling it unnecessary and potentially burdensome for providers.