The pace of broadband progress and how it's measured sparked further divisions on the FCC Telecom Act Section 706 inquiry into whether advanced telecom capability (ATC) is being deployed in a reasonable and timely way. Many comments were posted Tuesday in docket 18-238, including over fixed and mobile service distinctions (see 1809170044). Telco and cable incumbents generally said broadband-like ATC is being rolled out adequately, and 5G wireless will bring new advances. Rivals and others cited shortcomings and urged the agency to increase its ATC speed benchmark. The FCC's last 706 report made a positive ATC determination, kept a 25/3 Mbps fixed benchmark and concluded mobile isn't a full substitute for fixed (see 1802050002). Broadband investment and deployment are robust, in part due to light-touch regulation, commented USTelecom. AT&T and Verizon also hailed ATC buildout. AT&T said "mobile broadband is a functional substitute for fixed broadband," and Verizon said providers "stand at the precipice of game-changing 5G network deployments." CTIA called mobile broadband deployment reasonable and timely. NCTA and the American Cable Association urged a positive ATC determination, and they, ITTA, the Wireless ISP Association, Adtran and others backed maintaining the 25/3 Mbps fixed standard. Despite the progress, incumbents said the regulator could do more to spur broadband, but Common Cause and Public Knowledge said recent FCC actions "widened the digital divide." The Communications Workers of America said the pace of broadband deployment isn't reasonable and timely, with more than 24 million Americans lacking access and more lacking high-speed wired connections. Incompas said it's "time to be bold" and raise the benchmark to 1 Gbps, while CWA and others backed 100 Mbps. CWA, Incompas, WISPA, ITTA, rural groups and others said mobile isn't an adequate substitute for fixed. NTCA said only existing, not possible future, services should determine the ATC finding. The Fiber Broadband Association urged a focus on "all-fiber connectivity" and a "holistic approach" factoring in service reliability and latency. ViaSat and SES Americom plugged satellite broadband. New America's Open Technology Institute, Microsoft and others said Form 477 broadband data is flawed and sought fixes and use of other sources. Free Press urged inclusion of data from Puerto Rico and other storm-struck areas and said the FCC should "abandon" proposals to "gut" Lifeline USF. The National Digital Inclusion Alliance cited broadband adoption and affordability as critical and voiced concern about "evidence of AT&T's digital redlining."

The pace of broadband progress and how it's measured sparked further divisions on the FCC Telecom Act Section 706 inquiry into whether advanced telecom capability (ATC) is being deployed in a reasonable and timely way. Many comments were posted Tuesday in docket 18-238, including over fixed and mobile service distinctions (see 1809170044). Telco and cable incumbents generally said broadband-like ATC is being rolled out adequately, and 5G wireless will bring new advances. Rivals and others cited shortcomings and urged the agency to increase its ATC speed benchmark. The FCC's last 706 report made a positive ATC determination, kept a 25/3 Mbps fixed benchmark and concluded mobile isn't a full substitute for fixed (see 1802050002). Broadband investment and deployment are robust, in part due to light-touch regulation, commented USTelecom. AT&T and Verizon also hailed ATC buildout. AT&T said "mobile broadband is a functional substitute for fixed broadband," and Verizon said providers "stand at the precipice of game-changing 5G network deployments." CTIA called mobile broadband deployment reasonable and timely. NCTA and the American Cable Association urged a positive ATC determination, and they, ITTA, the Wireless ISP Association, Adtran and others backed maintaining the 25/3 Mbps fixed standard. Despite the progress, incumbents said the regulator could do more to spur broadband, but Common Cause and Public Knowledge said recent FCC actions "widened the digital divide." The Communications Workers of America said the pace of broadband deployment isn't reasonable and timely, with more than 24 million Americans lacking access and more lacking high-speed wired connections. Incompas said it's "time to be bold" and raise the benchmark to 1 Gbps, while CWA and others backed 100 Mbps. CWA, Incompas, WISPA, ITTA, rural groups and others said mobile isn't an adequate substitute for fixed. NTCA said only existing, not possible future, services should determine the ATC finding. The Fiber Broadband Association urged a focus on "all-fiber connectivity" and a "holistic approach" factoring in service reliability and latency. ViaSat and SES Americom plugged satellite broadband. New America's Open Technology Institute, Microsoft and others said Form 477 broadband data is flawed and sought fixes and use of other sources. Free Press urged inclusion of data from Puerto Rico and other storm-struck areas and said the FCC should "abandon" proposals to "gut" Lifeline USF. The National Digital Inclusion Alliance cited broadband adoption and affordability as critical and voiced concern about "evidence of AT&T's digital redlining."

Sonic Telecom customers are concerned about a USTelecom petition that seeks sweeping FCC regulatory relief for its large incumbent telco members. They fear their rates will rise and their service will be harmed if the FCC grants the forbearance petition to free the ILECs from wholesale duties to lease out their networks as discounted unbundled network elements. Local competitors such as Sonic, a northern California broadband and voice provider, can use UNEs to reach customers where their fiber-based offerings aren't available.

USTelecom's bid for incumbent telco wholesale relief faced further resistance from rivals and others in replies to the FCC due Wednesday, though more large ILECs filed support than initially (see 1808070024). New competitors, some state regulators and consumer advocates said the commission should dismiss or deny the petition. Now, they are joined by more than 8,000 individuals filing substantive opposition, according to Incompas. Our review of docket 18-141 appears to confirm that.

State and local governments and a broad coalition of pro-net neutrality groups and companies said the U.S. Court of Appeals for the D.C. Circuit should overturn the FCC's "internet freedom" order, approved 3-2 last year, which itself overrode net neutrality rules approved just two years earlier. In the opening volley of a major test of Chairman Ajit Pai’s commission decisions, government petitioners said (in Pacer) the D.C. Circuit should find the FCC had no authority to pre-empt state and local police powers and reject the FCC order as an “arbitrary and capricious” departure from 15 years of FCC policy.

State and local governments and a broad coalition of pro-net neutrality groups and companies said the U.S. Court of Appeals for the D.C. Circuit should overturn the FCC's "internet freedom" order, approved 3-2 last year, which itself overrode net neutrality rules approved just two years earlier. In the opening volley of a major test of Chairman Ajit Pai’s commission decisions, government petitioners said (in Pacer) the D.C. Circuit should find the FCC had no authority to pre-empt state and local police powers and reject the FCC order as an “arbitrary and capricious” departure from 15 years of FCC policy.

Net neutrality advocates were expected to file briefs late Monday on their challenges in the U.S. Court of Appeals for the D.C. Circuit to the FCC's "internet freedom" order undoing Title II open internet regulation under the Communications Act. Public Knowledge believes the commission "made multiple bad policy decisions" under Chairman Ajit Pai. "The FCC also broke the law," said a PK release on its expected joint filing with petitioners Mozilla, Vimeo, New America's Open Technology Institute, National Hispanic Media Coalition, NTCH, Benton Foundation, Free Press, Coalition for Internet Openness, Etsy, Ad Hoc Telecom Users Committee, Center for Democracy and Technology, and Incompas. “For the first time, and contradicting every previous FCC to consider the issue, the FCC's current leadership has decided that the agency lacks jurisdiction over broadband entirely. Not only did this radical move violate the statute, but the FCC violated the Administrative Procedure Act by rewriting history and pretending that its latest move is a return to, rather than a rejection of, the bipartisan consensus on the proper role of the FCC with respect to broadband. While past Republican-led FCCs have expressed a preference for ‘light-touch’ regulation, the current leadership has opted instead for a ‘zero-touch’ approach." PK also said the FCC "cherry-picked investment evidence that supported its predetermined outcome and ignored evidence that classifying broadband as ‘telecommunications’ did not harm broadband deployment," among other things. A state and local petitioner brief was also due to file.

Net neutrality advocates were expected to file briefs late Monday on their challenges in the U.S. Court of Appeals for the D.C. Circuit to the FCC's "internet freedom" order undoing Title II open internet regulation under the Communications Act. Public Knowledge believes the commission "made multiple bad policy decisions" under Chairman Ajit Pai. "The FCC also broke the law," said a PK release on its expected joint filing with petitioners Mozilla, Vimeo, New America's Open Technology Institute, National Hispanic Media Coalition, NTCH, Benton Foundation, Free Press, Coalition for Internet Openness, Etsy, Ad Hoc Telecom Users Committee, Center for Democracy and Technology, and Incompas. “For the first time, and contradicting every previous FCC to consider the issue, the FCC's current leadership has decided that the agency lacks jurisdiction over broadband entirely. Not only did this radical move violate the statute, but the FCC violated the Administrative Procedure Act by rewriting history and pretending that its latest move is a return to, rather than a rejection of, the bipartisan consensus on the proper role of the FCC with respect to broadband. While past Republican-led FCCs have expressed a preference for ‘light-touch’ regulation, the current leadership has opted instead for a ‘zero-touch’ approach." PK also said the FCC "cherry-picked investment evidence that supported its predetermined outcome and ignored evidence that classifying broadband as ‘telecommunications’ did not harm broadband deployment," among other things. A state and local petitioner brief was also due to file.

The divide over the state of fixed broadband competition and deployment deepened in comments posted Monday for an FCC communications marketplace report due by year-end under the Ray Baum's Act. Several industry commenters cited robust market rivalry and activity benefiting consumers, but consumer advocates generally noted shortcomings in competition, deployment and the data used to measure progress. Parties also disagreed on policy proposals. NCTA and USTelecom painted a positive picture and Incompas offered a circumspect view, in comments posted Friday in docket 18-231 (see 1808170049).

The divide over the state of fixed broadband competition and deployment deepened in comments posted Monday for an FCC communications marketplace report due by year-end under the Ray Baum's Act. Several industry commenters cited robust market rivalry and activity benefiting consumers, but consumer advocates generally noted shortcomings in competition, deployment and the data used to measure progress. Parties also disagreed on policy proposals. NCTA and USTelecom painted a positive picture and Incompas offered a circumspect view, in comments posted Friday in docket 18-231 (see 1808170049).