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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

CC Docket 98-146 
Released August 10, 2001
Comments due Sept 24; 
Replies due Oct 9


3rd Sec. 706 Notice of Inquiry

.
FCC Press Release:  Today, the Federal Communications Commission(FCC) initiated its third inquiry under section 706 of the Telecommunications Act of 1996 into whether "advanced telecommunications capability" is being deployed to all Americans in a reasonable and timely fashion. Advanced telecommunications capability is the availability of high-speed, switched, broadband telecommunications that enables users to originate and receive high- quality voice, data, graphics, and video using any technology.
         In conjunction with today's inquiry, the Common Carrier Bureau released its most recent data, as of December 31, 2000, on subscribership to high-speed services (see attached).
         In order to make informed judgments about whether broadband deployment is reasonable and timely, the Notice of Inquiry issued today seeks objective, empirical data about the current state of broadband deployment. Specifically, the Commission seeks information regarding the extent to which broadband infrastructure is being deployed, and asks the following: 

            1.Is advanced telecommunications capability being deployed to all Americans? The inquiry seeks data that will enable the Commission to measure investment in and deployment of advanced telecommunications capability, and subscription for different technologies, geographic areas and diverse socio-economic groups.
            2.Is overall deployment reasonable and timely? The inquiry seeks comment on the evaluative criteria used to determine whether the deployment of advanced telecommunications capability is reasonable and timely.
            3.If deployment is not reasonable and timely, what actions will accelerate deployment? The inquiry then seeks comment on the actions the Commission could undertake if it determines that advanced telecommunications capability is not being deployed to all Americans in a reasonable and timely fashion.

         The Commission gathers 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 Form 477. At the request of carriers submitting Form 477, the Commission does not reveal individual company data.
         The Commission's previous section 706 reports were released in February 1999 and August 2000. In the last report, the Commission found that deployment of advanced telecommunications capability generally appeared reasonable and timely, although certain groups of consumers may be vulnerable to not receiving timely deployment of advanced telecommunications capability by market forces alone.
         As required by statute, the Commission will conclude this inquiry and issue its third Report to Congress within 180 days.
                                                               -FCC-

IN THE MATTER OF 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 sec 706 of the telecom act Dkt No. 98-146, fcc 2/8/02
 

Fed Reg Notice

3rd 706 Notice pdfText |Word97 | Statement C Martin
Press Release

  • 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
  • Web services provided by Wyoming.com
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