Broadband & Sec 706

Fourth Sec. 706 Notice of Inquiry WC 04-54

"Today, the Federal Communications Commission (FCC) launched an inquiry into whether "advanced telecommunications capability," or broadband, is being deployed to all Americans in a reasonable and timely fashion.  As broadband networks become vital to the economy, healthcare, education, and other areas impacting the American public, the Notice of Inquiry (NOI) adopted today will analyze the various market, investment and technological trends of broadband deployment.

  In the NOI adopted today, the FCC seeks information consistent with the framework utilized in past broadband reports, including: (i) how the Commission should define advanced telecommunications capability (ii) whether advanced telecommunications capability is being deployed to all Americans (iii) whether the current level of broadband deployment is reasonable and timely, and (iv) what actions, if any, can be taken to accelerate broadband deployment. 

 Additionally, extending its analysis beyond the framework of previous broadband reports, the FCC seeks to develop a factual record on:

1. Trends in other nations and how America's deployment of advanced telecommunications capability affects its role in a global economy. 

2. The availability of advanced telecommunications capability in different market segments and areas of varying densities. 

3. The economic considerations that support the deployment of advanced telecommunications capability. 

The Telecommunications Act of 1996 directed the FCC to conduct regular inquiries concerning the availability of advanced telecommunications capability, and report its findings to Congress.  Twice a year, the FCC gathers and publishes data about deployment of, and subscription to, high-speed and advanced services from facilities-based providers who have 250 or more high-speed service lines or wireless channels in service in a state, using FCC Form 477.  At the request of carriers submitting Form 477, the FCC does not reveal individual company data. 

As required by statute, the FCC will conclude this NOI and issue its report to Congress within 180 days. -- Press Release

Derived From: Broadband Internet Regulation and Access: Backbround Issues, CRS Report for Congress, Nov. 21, 2008 (copy acquired through wikileaks)

"On September 9, 2004, the FCC adopted and released its Fourth Report pursuant to Section 706. Like the previous three reports, the FCC concluded that “the overall goal of section 706 is being met, and that advanced telecommunications capability is indeed being deployed on a reasonable and timely basis to all Americans.”16 While the FCC is currently implementing or actively considering some regulatory activities related to broadband,17 no major regulatory intervention pursuant to Section 706 of the Telecommunications Act of 1996 has been deemed necessary by the FCC at this time.

"The FCC noted the future promise of emerging multiple advanced broadband networks which can complement one another:

For example, in urban and suburban areas, wireless broadband services may “fill in the gaps” in wireline broadband coverage, while wireless and satellite services may bring high-speed broadband to remote areas where wireline deployment may be costly. Having multiple advanced networks will also promote competition in price, features, and quality-of-service among broadband-access providers.18

"Two FCC Commissioners (Michael Copps and Jonathan Adelstein) dissented from the Fourth Report conclusion that broadband deployment is reasonable and timely. They argued that the relatively poor world ranking of United States broadband penetration indicates that deployment is insufficient, that the FCC’s continuing definition of broadband as 200 kilobits per second is outdated and is not comparable to the much higher speeds available to consumers in other countries, and that the use of zip code data (measuring the presence of at least one broadband subscriber within a zip code area) does not sufficiently characterize the availability of broadband across geographic areas.

"The Government Accountability Office (GAO) has also cited concerns about the FCC’s zip code level data. Of particular concern is that the FCC will report broadband service in a zip code even if a company reports service to only one subscriber, which in turn can lead to some observers overstating of broadband deployment. According to GAO, “the data may not provide a highly accurate depiction of local deployment of broadband infrastructures for residential service, especially in rural areas.”20

"On March 19, 2008, the FCC adopted an Order that substantially expands its broadband data collection capability. Specifically, the Order expands the number of broadband reporting speed tiers to capture more information about upload and download speeds offered in the marketplace, requires broadband providers to report numbers of broadband subscribers by census tract, and improves the accuracy of information collected on mobile wireless broadband deployment. Additionally, in a Further Notice of Proposed Rulemaking, the FCC is seeking comment on broadband service pricing and availability.21

• FCC Fourth Sec. 706 Report (Sept. 2004)

• In terms of absolute numbers of broadband subscribers, the U.S. leads the world. In terms of residential broadband penetration (number of subscribers per 100 people), however, the ITU’s 2003 Birth of Broadband Report ranked the U.S. eleventh in 2002 [p.41]

4th 706 Report, FCC 9/10/2004

• New Figures Show Broadband Deployment Accelerating in the U.S., FCC 9/10/2004
• POC: Regina Brown at 202-418-7400
• FCC Reminds Public of Requirements Regarding Internet Relay Service and Issues Alert, Fed Reg 7/9/2004
• Released: 06/18/2004. FCC REMINDS PUBLIC OF REQUIREMENTS REGARDING INTERNET RELAY SERVICE AND ISSUES ALERT. (DA No. 04-1738). CGB. Contact: Dana Jackson at 2247, email: Dana.Jackson, TTY: 7898, FCC 6/21/2004
• Notice of Inquiry March 2004 
• 706 NOI, Fed Reg 4/16/2004
• Press Release

• FCC Begins Inquiries on Broadband Data and Broadband Deployment., FCC 4/18/2007
• Broadband Deployment Notice of Inquiry, FCC 4/18/2007
• FCC Launches Inquiry into Broadband Market Practices., FCC 4/18/2007
• FCC Realizes You Need Sound Data To Make Decisions - New notices will examine FCC data, broadband penetration, Broadband Reports 4/18/2007
• FCC to Investigate Broadband Deployment, eWeek 4/18/2007
• America Has Absolutely No Idea If Citizens Have Broadband, Broadband Reports 3/21/2007
• FCC Insists Broadband Deployment Improving, Reuters 9/10/2004

• FCC to Assess Whether Broadband Networks Are Being Made Available to All Americans., FCC 3/11/2004
• FCC broadens broadband study, FCW 4/14/2004
• TIA launches electronic report on State and Local Rights-of-Way to assist rights-of-way stakeholders and to promote broadband deployment in the U.S., NTIA 6/6/03

FCC touts broadband success, MSNBC 2/8/02

FCC says broadband Web access grows, Nando 2/8/02

FCC touts broadband success, CNET 2/8/02