Under Section 706 of the Telecommunications Act, the FCC is required to consistently measure whether broadband is being deployed to all Americans uniformly and "in a reasonable and timely fashion." If the FCC finds that broadband isn't being deployed quickly enough to the public, the agency is required by law to "take immediate action to accelerate deployment of such capability by removing barriers to infrastructure investment and by promoting competition in the telecommunications market."
Unfortunately whenever the FCC is stocked by revolving door regulators all-too-focused on pleasing the likes of AT&T, Verizon and Comcast -- this dedication to expanding coverage and competition often tends to waver.
What's more, regulators beholden to regional duopolies often take things one-step further -- by trying to manipulate data to suggest that broadband is faster, cheaper, and more evenly deployed than it actually is. We saw this under former FCC boss Michael Powell (now the top lobbyist for the cable industry), and more recently when the industry cried incessantly when the base definition of broadband was bumped to 25 Mbps downstream, 4 Mbps upstream.
Ars Technica highlights how we're now seeing this behavior once again under current FCC boss Ajit Pai, whose agency this week filed a notice of inquiry (pdf) toward reshaping how "reasonable and timely" broadband deployment is measured.
Under this new proposal, any area able to obtain wireless speeds of at least 10 Mbps down, 1 Mbps would be deemed good enough for American consumers, pre-empting any need to prod industry to speed up or expand broadband coverage. Under the previous FCC, wireless was deemed important, but not yet anywhere near a suitable replacement for fixed-line broadband, especially in more remote areas where cellular connectivity will likely remain spotty for decades to come.
The move directly caters to AT&T and Verizon, who have largely given up on rural and second and third-tier city fixed-line broadband deployment, arguing that existing, expensive wireless connectivity is "good enough" (pretty consistently users in the real world find that's just not true). As part of this push, these companies have worked tirelessly to gut consumer protections governing these lines, many of which were extensively subsidized by taxpayers.
Of course many of these DSL lines are very much still in use, and while driving these fixed-line users to more expensive wireless is better for AT&T and Verizon's bottom line, the quality, cost and reliability of the connection often lags. And while someday wireless will reach the point of parity with fixed-line networks, that date remains a long way away for most of the country.
While the FCC's Notice of Inquiry (pdf) tries to frame this shift as a modernization of FCC policy, the actual goal isn't quite so noble: to downgrade the current, 25/4 Mbps standard definition of broadband to a lower threshold of 10/1 Mbps, reducing pressure on ISPs to compete and improve. And while AT&T and Verizon technically will tell the FCC they already offer 10 Mbps mobile broadband across most of America, if you've ever traveled across the country you've probably noticed that actual mobile connectivity is a far, far cry from what's advertised.
Out here in the real world, everybody and their uncle can tell that US broadband is expensive, often slow, and notably uncompetitive. By fiddling with the numbers and the measuring stick, former Verizon lawyer turned FCC boss Ajit Pai hopes to lower the bar to ankle height, helping justify his refusal to seriously improve market competition and availability.
As an aside, you can file (polite) public comments on the FCC's latest proposal at
this link.