ISPs: FCC Should Delete Pricing and Adoption Data From Section 706 Report

The availability of services that meet current FCC benchmarks "continues to increase, reinforcing the conclusion that broadband is being reasonably and timely deployed to all Americans," said the Free State Foundation. The group urged the agency to include satellite broadband in its analysis of broadband availability and deployment, noting the current FCC broadband map "reveals that broadband access is now almost ubiquitous when satellite broadband is considered."

Citing the U.S. Supreme Court's ruling on the Chevron doctrine, FSF also said that Section 706 of the Telecom Act "can no longer be relied on by the commission as an affirmative grant of agency regulatory power." The group urged the commission to acknowledge that Section 706 is "best read as hortatory" and expanding the scope of the report's analysis beyond availability and deployment "will not gain the agency any new powers."

The FCC should "be more aggressive" with its fixed broadband speed benchmark and long-term speed goal, said the National Rural Electric Cooperative Association. "Simply put, the commission should no longer discount the importance of upload speed," NRECA said, backing a 100 Mbps symmetrical service benchmark. NRECA noted "disparate standards for testing the veracity of mobile and fixed broadband service coverage data." Adopt a long-term broadband benchmark of 1 Gbps symmetrical, said the Fiber Broadband Association.

USTelecom disagreed, noting the current 100/20 Mbps benchmark was adopted less than a year ago and there wasn't enough time to "assess meaningful changes in the marketplace and in technology that would necessitate a shift." The group also urged that the commission not expand its analysis to include adoption rates or affordability, saying the purpose of the report is so the commission can "collect narrow, targeted, objective data related to the progress of broadband availability or deployment."

Ookla encouraged the FCC to include crowdsourced speed test data in its report to "supplement and verify" the commission's broadband data collection. The company suggested collecting data from "consumer-initiated" speed tests "directly from devices" like routers. "This type of data will provide the commission with greater insight into the actual delivered speeds the ISP is providing, rather than relying on end-user devices where Wi-Fi connectivity can be variable," Ookla said.

The FCC "does not need to continue reporting on broadband services of 25/3 Mbps speeds given that these services are no longer meeting the broadband standards," said Incompas. The group backed including broadband pricing in the 706 report, saying the data is "an important and helpful component to understanding the affordability and the need for more competition in the broadband marketplace." Incompas cited ISPs' consumer broadband labels as a data source.

Incompas also said its members "continually experience significant barriers to deployment," citing issues with access to poles, permitting and multi-tenant environments. The group urged that the FCC take additional steps to "remove barriers and streamline processes for fixed and mobile providers." ACA Connects said its members also face issues with pole access and rights of way. It urged FCC action on a Further NPRM covering large pole orders and self-help rules.

The FCC should "closely monitor broadband affordability and other adoption barriers," said Next Century Cities and Public Knowledge in joint comments. The groups urged prioritizing "reinstatement of some form of low-income and high-cost subsidy" following the end of the affordable connectivity program. They also suggested adopting a "two-pronged approach" to quantify broadband adoption.

CTIA counseled flexibility in the FCC's approach. The agency should confirm that it remains voluntary for carriers to submit information “to restore fixed locations, take steps to conserve Commission and provider resources, and ensure flexibility to account for the variety of reasons that a location could be removed from the map,” CTIA said.

For mobile, the commission “can limit the burdens of restoration by screening out challenges that would remove areas from the map due to circumstances that are outside of the provider’s control, such as challenges using speed tests conducted indoors or challenges based on data gathered in areas inaccessible to the provider,” CTIA said: If that’s not feasible, the commission “should provide a streamlined process for restoring areas that should not have been removed in the first place.” CTIA also called for the elimination of the professional engineer (PE) requirement.

The Competitive Carriers Association stressed the importance of removing the requirement that a certified PE verify results. “The limited pool of PE engineers … as well as the costs of hiring such an engineer (particularly when providers have equally-qualified in-house engineers who could certify filings), warranted waiver of the PE certification requirements since the commencement of the BDC” process, CCA said. It added that the BDC process needs “significant reform and improvements” to “make it user-friendly and effective” and "facilitate the most accurate broadband data possible."

“The challenge process imposes an immense time and cost burden on small rural carriers and the crowd-source data does not effectively pressure test the” national map because “there is not sufficient crowdsource data in sparsely populated rural areas,” said the Rural Wireless Association. “It is vital that the FCC pressure test the [national broadband map] to ensure that coverage is accurately depicted as such purported coverage will determine how funding is allocated for critical broadband deployment programs.”

The FCC should “avoid mandating any specific type of evidence” as part of the restoration process, T-Mobile said. “The process should be voluntary and take into account the variety of reasons a location or area may have been removed from the [map], recognize that infrastructure data may not always be necessary, and account for the unique nature of licensed fixed wireless service,” the carrier said. “There is no basis for requiring licensed fixed wireless providers to submit spectrum authorization information as part of their biannual filings.”

The Wireless ISP Association agreed with many changes the FCC proposed in the FNPRM. But more clarity is needed, WISPA said. The BDC portal could offer a drop-down menu “asking if the provider is seeking to restore locations, and then provide a list of potential reasons why the provider is providing service at the later date or can do so within 10 days of a request for service,” WISPA said: “These reasons could include new deployment, upgraded service, use of different spectrum or technology (e.g., spectrum replaced with fiber), marketing of service to new locations and addition of an actual customer.” WISPA also called for elimination of the PE requirement.