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"The Telecommunications Act of 1996 (P.L. 104-104) addressed the issue of whether the federal government should intervene to prevent a “digital divide” in broadband access. Section 706 requires the FCC to determine whether “advanced telecommunications capability [i.e., broadband or high-speed access] is being deployed to all Americans in a reasonable and timely fashion.” If this is not the case, the act directs the FCC to “take immediate action to accelerate deployment of such capability by removing barriers to infrastructure investment and by promoting competition in the telecommunications market.”" --Broadband Internet Regulation and Access: Backbround Issues, CRS Report for Congress, Nov. 21, 2008 (copy acquired through wikileaks)

Telecommunications Act of 1996, Pub. L. No. 104-104, § 706(a), 110 Stat. 56, 153

    SEC. 706. ADVANCED TELECOMMUNICATIONS INCENTIVES.

    (a) In General: The Commission and each State commission with regulatory jurisdiction over telecommunications services shall encourage the deployment on a reasonable and timely basis of advanced telecommunications capability to all Americans (including, in particular, elementary and secondary schools and classrooms) by utilizing, in a manner consistent with the public interest, convenience, and necessity, price cap regulation, regulatory forbearance, measures that promote competition in the local telecommunications market, or other regulating methods that remove barriers to infrastructure investment.

    (b) Inquiry: The Commission shall, within 30 months after the date of enactment of this Act, and regularly thereafter, initiate a notice of inquiry concerning the availability of advanced telecommunications capability to all Americans (including, in particular, elementary and secondary schools and classrooms) and shall complete the inquiry within 180 days after its initiation. In the inquiry, the Commission shall determine whether advanced telecommunications capability is being deployed to all Americans in a reasonable and timely fashion. If the Commission's determination is negative, it shall take immediate action to accelerate deployment of such capability by removing barriers to infrastructure investment and by promoting competition in the telecommunications market.

    (c) Definitions: For purposes of this subsection:

      (1) Advanced telecommunications capability: The term 'advanced telecommunications capability' is defined, without regard to any transmission media or technology, as high-speed, switched, broadband telecommunications capability that enables users to originate and receive high-quality voice, data, graphics, and video telecommunications using any technology.

      (2) Elementary and secondary schools: The term 'elementary and secondary schools' means elementary and secondary schools, as defined in paragraphs (14) and (25), respectively, of section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801)

Pursuant to Sec. 706, the FCC has taken two primary actions. First, the FCC has engaged in a series of inquiries that have resulted in reports to Congress. Second, the FCC gathers data from telecommunications services on an ongoing basis and releases data reports to the public twice a year.

The methodology of the data collection is to determine whether a service provider has one broadband subscriber per zip code. If the answer is in the affirmative, then the FCC counts a broadband service provider in that zip code. This methodology has been widely criticized as over reporting broadband adoption. Nevertheless, the methodology has remained consistent over the years.

The Sec. 706 Reports have considered a wide range of issues:

The FCC has released Inquiries reviewing both the state of broadband deployment and adoption, and the FCC's methodology for collecting this information.

Broadband Defined: "An initial step is thus to define what we mean by broadband service. The FCC has stated that 200 Kbps is “enough capacity to provide the most popular forms of broadband – to change web pages as fast as one can flip through the pages of a book and to transmit fullmotion video.” However true that may have been in 1999, that speed now is widely considered too slow. No consensus has yet emerged, however, as to the appropriate definition of broadband service. DSL services typically start at approximately 700 Kbps, and most emerging technologies, including wireless, are measured in megabits per second." FTC Staff Report 2007 p 99

Rulemaking Proceedings

  • Released:  07/01/2010.  Fcc Staff To Hold Meeting To Discuss Residential Fixed Broadband Services Testing And Measurement Solution. (DA No. 10-1249). (Dkt No 04-36 09-158 98-179 ).  OET .
  • FCC Launches Data Innovation Initiative.   Agency Appoints Data Officers and Releases Public Notices of Review.  News Release. News Media OCH PDF TXT
  • Development of Nationwide Broadband Data to Evaluate Reasonable and Timely Deployment of Advanced Services to All Americans, Improvement of Wireless Broadband Subscribership Data, and Development of Data on Interconnected Voice over Internet Protocol (VoIP) Subscribership, WC Docket No. 07-38, Report and Order and Further Notice of Proposed Rulemaking, FCC 08-89 (rel. June 12, 2008) Broadband Data R&O: Word | Acrobat
    • "The Form 477 Order, among other refinements, increased the granularity of reporting to the level of Census Tracts,11 increased the number of speed tiers used to report subscriber counts and required reporting of both download and upload transfer rates,12 and amended the reporting requirements of mobile wireless broadband providers to create a separate category of reporting for subscribers whose data plans allow them to browse the Internet and access the Internet content of their choice."
    • Development of Nationwide Broadband Data to ) Evaluate Reasonable and Timely Deployment of ) Advanced Services to All Americans, Improvement ) of Wireless Broadband Subscribership Data, and ) Development of Data on Interconnected Voice over ) Internet Protocol (VoIP) Subscribership , WC Docket No. 07-38, Order on Reconsideration June 12, 2008 Order: Word | Acrobat
    • Development of Nationwide Broadband Data to Evaluate Reasonable and Timely Deployment of Advanced Services to All Americans, Improvement of Wireless Broadband Subscribership Data, and Development of Data on Interconnected Voice over Internet Protocol (VoIP) Subscribership, WC Docket No. 07-38, Notice of Proposed Rulemaking, 22 FCC Rcd 7760, 7765-66, paras. 10-12, 22 (2007)

    • The NPRM seeks comment on whether to modify collection of speed tier information and how to improve the data collected about wireless broadband Internet access service. The NPRM also asks how the Commission can best collect information about subscribership to interconnected voice over Internet Protocol service, or VoIP. Finally, the NPRM also seeks comment on how the Commission can develop a more accurate picture of current broadband deployment (including by extrapolating from more accurate estimates of representative urban, metropolitan, urban, low-income, tribal, and rural areas), as well as gather information on price, other factors that affect consumer uptake of broadband services, and international comparisons.

  • 11/9/04FCC Improves Data Collection to Monitor Nationwide Broadband Rollout.
    News Release: Word | Acrobat
    MO&O (11/12/04): Word | Acrobat
    Powell Statement: Word | Acrobat
    Copps Statement: Word | Acrobat
    Adelstein Statement: Word | Acrobat

  • 3/24/00 Local Competition and Broadband Reporting.
    R&O (3/30/00): Word | Acrobat
    News Release: HTML

Measuring Broadband America Reports

  • FCC RELEASES THIRD "MEASURING BROADBAND AMERICA" REPORT; NATIONWIDE TEST OF WIRELINE BROADBAND SERVICE REVEALS IMPROVED BROADBAND PERFORMANCE, MIGRATION TO HIGHER SPEED TIERS.   Report includes results of satellite-based broadband performance for first time.  News Release. OCHJG  pdf Word TXT
  • Released:  09/26/2012.  ANNOUNCEMENT OF OPEN DOCKET FOR MEASURING BROADBAND AMERICA PROGRAM. (DA No.  12-1530). (Dkt No 12-264 ).  OET . pdf Word TXT
  • FCC RELEASES SECOND "MEASURING BROADBAND AMERICA" REPORT; NATIONWIDE TEST OF WIRELINE BROADBAND SERVICE REVEALS IMPROVED BROADBAND PERFORMANCE.  News Release.  OCHJG pdf Word TXT 

Internet Access Services Data

Sec. 706 Reports

  • 9th 706 Report

    • INQUIRY CONCERNING THE DEPLOYMENT OF ADVANCED TELECOMMUNICATIONS CAPABILITY TO ALL AMERICANS IN A REASONABLE AND TIMELY FASHION, AND POSSIBLE STEPS TO ACCELERATE SUCH DEPLOYMENT PURSUANT TO SECTION 706 OF THE TELECOMMUNICATIONS ACT OF 1996, AS AMENDED. Initiated the Commission's ninth assessment of the "availability of advanced telecommunications capability to all Americans." by NINTH BROADBAND PROGRESS NOTICE OF INQUIRY. (Dkt No. 12-228 ). Action by: the Commission. Comments Due: 09/20/2012. Reply Comments Due: 10/22/2012. Adopted: 08/15/2012 by NOI. (FCC No. 12-91). WCB http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-91A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-91A2.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-91A3.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-91A4.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-91A5.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-91A6.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-91A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-91A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-91A3.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-91A4.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-91A5.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-91A6.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-91A1.txt http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-91A2.txt http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-91A3.txt http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-91A4.txt http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-91A5.txt http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-91A6.txt

  • 8th 706 Report

    • FCC BROADBAND REPORT FINDS SIGNIFICANT PROGRESS IN BROADBAND DEPLOYMENT, BUT IMPORTANT GAPS REMAIN. Implementation of new FCC reforms vital to connecting millions of Americans to broadband services. News Release. News Media WCB . pdf Word TXT
      • INQUIRY CONCERNING THE DEPLOYMENT OF ADVANCED TELECOMMUNICATIONS CAPABILITY TO ALL AMERICANS IN A REASONABLE AND TIMELY FASHION, AND POSSIBLE STEPS TO ACCELERATE SUCH DEPLOYMENT PURSUANT TO SECTION 706 OF THE TELECOMMUNICATIONS ACT OF 1996, AS AMENDED. by EIGHTH BROADBAND PROGRESS REPORT. (Dkt No. 11-121 ). Action by: the Commission. Adopted: 08/14/2012 by REPORT. (FCC No. 12-90). WCB http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-90A2.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-90A3.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-90A4.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-90A5.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-90A6.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-90A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-90A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-90A3.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-90A4.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-90A5.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-90A6.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-90A1.txt http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-90A2.txt http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-90A3.txt http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-90A4.txt http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-90A5.txt http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-90A6.txt
  • INQUIRY CONCERNING THE DEPLOYMENT OF ADVANCED TELECOMMUNICATIONS CAPABILITY TO ALL AMERICANS IN A REASONABLE AND TIMELY FASHION, AND POSSIBLE STEPS TO ACCELERATE SUCH DEPLOYMENT ET AL.   Seeks input on the FCC annual broadband progress report pursuant to Section 706 of the Telecommunications Act of 1996. (Dkt No.  11-121 ). Action by:  the Commission. Comments Due:  09/06/2011. Reply Comments Due:  10/04/2011. Adopted:  08/05/2011 by NOI. (FCC No. 11-124).  WCB
    http://hraunfoss.fcc.gov/ edocs_public/attachmatch/FCC- 11-124A1.doc
    http://hraunfoss.fcc.gov/ edocs_public/attachmatch/FCC- 11-124A2.doc
    http://hraunfoss.fcc.gov/ edocs_public/attachmatch/FCC- 11-124A3.doc
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    http://hraunfoss.fcc.gov/ edocs_public/attachmatch/FCC- 11-124A3.txt
  • NEW REPORT: MORE THAN 20 MILLION AMERICANS DENIED ACCESS TO JOBS & ECONOMIC OPPORTUNITY WITHIN BROADBAND ECONOMY. Progress made, but rural communities across the nation continue to lack access to broadband. More than 100 million Americans do not subscribe to broadband. News Release. (Dkt No 10-159 ). News Media WCBPDF TXT
  • 8/6/10 FCC Seeks Public Input for Next Broadband Deployment Report GN Docket No. 10-159 Order: Word WORD| Acrobat PDF
    Genachowski Statement: Word | Acrobat
    McDowell Statement: Word | Acrobat

  • INQUIRY CONCERNING THE DEPLOYMENT OF ADVANCED TELECOMMUNICATIONS CAPABILITY TO ALL AMERICANS IN A REASONABLE AND TIMELY FASHION, AND POSSIBLE STEPS TO ACCELERATE SUCH DEPLOYMENT PURSUANT TO SECTION 706 OF THE TELECOMMUNICATIONS ACT OF 1996. AS AMENDED BY THE BROADBAND DATA IMPROVEMENT ACT. New Report: More Than 20 Million Americans Denied Access to Jobs & Economic Opportunity Within Broadband Economy. by Seventh Broadband Progress Report and Order on Reconsideration. (Dkt No. 10-159 ). Action by: the Commission. Adopted: 05/20/2011 by Order on Reconsideration. (FCC No. 11-78). WCBPDF TXT PDF TXT PDF TXT PDF TXT PDF TXT

6th Sec. 706 Report

INQUIRY CONCERNING THE DEPLOYMENT OF ADVANCED TELECOMMUNICATIONS CAPABILITY TO ALL AMERICANS IN A REASONABLE AND TIMELY FASHION, AND POSSIBLE STEPS TO ACCELERATE SUCH DEPLOYMENT PURSUANT TO SECTION 706 OF THE TELECOMMUNICATIONS ACT OF 1996. Seek comment on whether broadband is being deployed to all Americans in a reasonable and timely fashion. (Dkt No. 09-137 09-51 ). Action by: the Commission. . Adopted: 07/31/2009 by NOI. (FCC No. 09-65). WCB 1 PDF WORD TXT 2 PDF TXT 3 PDF TXT 4 PDF TXT

"In each of the reports the Commission has conducted under section 706, it has relied on a speed benchmark for determining whether a service satisfies this statutory definition. In the 2010 Sixth Broadband Progress Report , the Commission updated this speed benchmark from 200 kbps in both directions to services that offer actual download (i.e., to the customer) speeds of at least 4 Mbps and actual upload (i.e., from the customer) speeds of at least 1 Mbps (4 Mbps/1 Mbps, or “speed benchmark”). "

The FCC also inquired about how to improve the data gathering process for the International Broadband Data Report.

7/20/10 FCC Finds 14 to 24 Million Americans Lack Access to Broadband.
News Release: Word | Acrobat Report: Acrobat
Genachowski Statement: Word | Acrobat
Copps Statement: Word | Acrobat
McDowell Statement: Word | Acrobat
Clyburn Statement: Word | Acrobat
Baker Statement: Word | Acrobat

 

Docket: 07-45

Fifth Sec. 706 Notice of Inquiry FNPRM

tba How to File Comments :: File Comments with FCC Electronic Comment File System

In this Report and Order (Order) and Further Notice of Proposed Rulemaking (Further Notice), we amend the FCC Form 477 data collection in several respects to collect additional data on broadband service subscriptions. These changes will greatly improve the ability of the Commission to understand the extent of broadband deployment, and will enable the Commission to continue to develop and maintain appropriate broadband policies, in particular to carry out its obligation under section 706 of the Telecommunications Act of 1996 to "determine whether advanced telecommunications capability is being deployed to all Americans in a reasonable and timely fashion."

To increase the precision and utility of our collected data, we revise our current methods and procedures for collecting information on broadband services. We modify Form 477 to require broadband providers to report the number of broadband connections in service in individual Census Tracts. In order to generate an even more complete picture of broadband adoption in the United States, we propose additional methods to add to the data reported by Form 477 filers, including a voluntary household self-reporting system, and a recommendation to the Census Bureau that the American Community Survey questionnaire be modified to gather information about broadband availability and subscription in households.

To further improve the quality of collected data, we adopt three additional changes to FCC Form 477. First, we require providers to report broadband service speed data in conjunction with subscriber counts according to new categories for download and upload speeds. These new speed tiers will better identify services that support advanced applications. Second, we amend reporting requirements for mobile wireless broadband providers to require them to report the number of subscribers whose data plans allow them to browse the Internet and access the Internet content of their choice. Finally, we require providers of interconnected Voice over Internet Protocol (interconnected VoIP) service to report subscribership information on Form 477.

Additionally, in a Further Notice of Proposed Rulemaking, we seek comment on developing a nationwide broadband availability mapping program. We also seek comment on ways in which we might effectively capture information about actual, delivered speeds of broadband Internet access services, and about prices of broadband services. In addition, we seek comment on whether to require Form 477 filers to report the number of voice telephone service connections either at the ZIP Code level or on the basis of another geographic unit. Finally, we seek comment on methodologies for consumer broadband surveys, and on methods for preserving confidentiality when sharing the information collected on Form 477.

Development of Nationwide Broadband Data to Evaluate Reasonable and Timely Deployment of Advanced Services to All, Fed Reg 7/3/2008

Released:  09/03/2008.  PLEADING CYCLE ESTABLISHED FOR COMMENTS ON PETITION FOR RECONSIDERATION OF THE COMMISSION'S FIFTH 706 REPORT. (DA No.  08-2035). (Dkt No 07-45). Comments Due:  09/17/2008. Reply Comments Due:  09/24/2008.  WCB. Contact: pdf Word TXT

INQUIRY CONCERNING THE DEPLOYMENT OF ADVANCED TELECOMMUNICATIONS CAPABILITY TO ALL AMERICANS IN A REASONABLE AND TIMELY FASHION, AND POSSIBLE STEPS TO ACCELERATE SUCH DEPLOYMENT PURSUANT TO SECTION 706 OF THE 1996 ACT.   FCC Expands, Improves Broadband Data Collection . by 5th REPORT. (Dkt No.  07-45). Action by:  the Commission. Adopted: 03/19/2008 by REPORT. (FCC No. 08-88).  WCB
< http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-88A2.doc >
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4/16/07 Broadband Deployment Notice of Inquiry (FCC 07-21). NOI: Word | Acrobat
Martin Statement: Word | Acrobat
Copps Statement: Word | Acrobat
Adelstein Statement: Word | Acrobat
Tate Statement: Word | Acrobat
McDowell Statement: Word | Acrobat

Fifth 706 News

Government Activity

Litigation

  • Center for Public Integrity v FCC (DC Cir. ) (challenged rejected FOIA seeking more specific information that is behind the publicly released Sec. 706, Form 477 data - FOIA was rejected on trade secret exemption - appellate court upheld FCC decision) (Verizon and AT&T intervened)

Papers

  • "Measuring Broadband: Improving Communications Policymaking through Better Data Collection," with Kenneth Flamm, John Horrigan, and Amy Friedlander, Pew Internet & American Life Project, Washington, DC, November 2007. ( pdf )

Criticism of FCC Reports

News
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