Now that the FCC Broadband Plan has been issued, what does it mean? It is really a set of recommendations that will at least in part require regulatory changes and congressional action.I am a member of ACUTA, the Association of Information Communications Technology Professionals in Higher Education, www.acuta.org. Periodically, ACUTA posts a newsletter on legislative and regulatory issues. The March 22, 2010 "ACUTA Legislative/Regulatory Update", covers the FCC Broadband Plan. A detailed 13 page analysis, "General Overview of National Broadband Plan", published March 17, 2010, is based on information provided to the ACUTA Legislative/Regulatory Affairs Committee by attorneys Kenneth D. Salomon and J.G. Harrington of Dow Lohnes Government Strategies LLC, a law firm in Washington, DC.
The Broadband Plan key comments from the "ACUTA Legislative/Regulatory Update", are:
On March 16, the FCC released its National Broadband Plan. The plan, mandated by Congress in the 2009 stimulus package, makes many ambitious proposals and, at the same time, proposes myriad small steps towards advancing the goal of full integration of broadband into the fabric of American life. The plan and related materials released by the FCC are available on the FCC's web site at http://www.broadband.gov/plan/ and the FCC's press release is available at http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-296880A1.pdf. The most significant elements of the 360-plus page document include the following:
* Proposals that the FCC define broadband as 4 Mbps downstream and 1 Mbps upstream today, with a goal of having 100 Mbps downstream and 50 Mbps upstream service available to 100 million households in ten years.
* A goal of repurposing 500 MHz of spectrum for broadband wireless in the next ten years, with 300 MHz to be made available in the next five years. The plan suggests that 120 MHz of the total--the equivalent of 20 TV channels--should come from television broadcasters.
* A proposal for a complete overhaul of the FCC's high cost universal service program to eliminate support for voice service and shift all support to broadband, both landline and wireless, while eliminating all access charges, over the next ten years. The plan also suggests that the FCC revamp its universal service contribution mechanism, although it takes no position on specific changes.
* Recommendations for additional regulatory requirements for broadband service, including outage reporting, obligations to provide information to consumers, and requirements to provide priority access for public safety purposes during emergencies. * A series of recommendations focused on particular sectors, including health care, education, energy and the environment, government and economic opportunity.
These are just a few of more than 100 recommendations in the plan.
There is nothing in the plan that is self-executing; it consists entirely of analysis and recommendations. Many of the recommendations in the plan are outside the scope of the FCC's jurisdiction, and will require action by other agencies or Congress to put into effect. Indeed, the FCC itself did not adopt the plan, and the Commissioners voted only on a "Joint Statement on Broadband." (The statement is at http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-42A1.pdf.)
Nevertheless, it is apparent that the FCC will attempt to implement much of what is proposed in the plan and it already has launched a tool to test broadband speeds (available at http://www.broadband.gov/qualitytest/about/) and a "spectrum dashboard" that can be used determine what spectrum is in use and assigned to particular providers (available at http://reboot.fcc.gov/reform/systems/spectrum-dashboard). The FCC will soon be releasing a timetable for the dozens of specific proceedings necessary to implement the recommendations that are within the FCC's jurisdiction.
Congress will begin its formal review of the Plan and consideration of its recommendations on March 23 when the Senate Commerce, Science, and Transportation Committee meets to hear from and question FCC Chairman Genachowski. The House Energy and Commerce Subcommittee on Communications, Technology, and the Internet follows, with a hearing on March 25 at which all five FCC Commissioners will appear. Other House and Senate committees with jurisdiction over the agencies and departments that the Plan has proposed actions for will hold their own hearings, including the education, energy, science, transportation, and small business. One major issue of focus and contention will be the Plan s proposal to take some of the spectrum used for over-the-air television broadcasting to auction for high speed wireless broadband applications. The National Association of Broadcasters will vigorously contest that recommendation.
* Proposals that the FCC define broadband as 4 Mbps downstream and 1 Mbps upstream today, with a goal of having 100 Mbps downstream and 50 Mbps upstream service available to 100 million households in ten years.
* A goal of repurposing 500 MHz of spectrum for broadband wireless in the next ten years, with 300 MHz to be made available in the next five years. The plan suggests that 120 MHz of the total--the equivalent of 20 TV channels--should come from television broadcasters.
* A proposal for a complete overhaul of the FCC's high cost universal service program to eliminate support for voice service and shift all support to broadband, both landline and wireless, while eliminating all access charges, over the next ten years. The plan also suggests that the FCC revamp its universal service contribution mechanism, although it takes no position on specific changes.
* Recommendations for additional regulatory requirements for broadband service, including outage reporting, obligations to provide information to consumers, and requirements to provide priority access for public safety purposes during emergencies. * A series of recommendations focused on particular sectors, including health care, education, energy and the environment, government and economic opportunity.
These are just a few of more than 100 recommendations in the plan.
There is nothing in the plan that is self-executing; it consists entirely of analysis and recommendations. Many of the recommendations in the plan are outside the scope of the FCC's jurisdiction, and will require action by other agencies or Congress to put into effect. Indeed, the FCC itself did not adopt the plan, and the Commissioners voted only on a "Joint Statement on Broadband." (The statement is at http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-42A1.pdf.)
Nevertheless, it is apparent that the FCC will attempt to implement much of what is proposed in the plan and it already has launched a tool to test broadband speeds (available at http://www.broadband.gov/qualitytest/about/) and a "spectrum dashboard" that can be used determine what spectrum is in use and assigned to particular providers (available at http://reboot.fcc.gov/reform/systems/spectrum-dashboard). The FCC will soon be releasing a timetable for the dozens of specific proceedings necessary to implement the recommendations that are within the FCC's jurisdiction.
Congress will begin its formal review of the Plan and consideration of its recommendations on March 23 when the Senate Commerce, Science, and Transportation Committee meets to hear from and question FCC Chairman Genachowski. The House Energy and Commerce Subcommittee on Communications, Technology, and the Internet follows, with a hearing on March 25 at which all five FCC Commissioners will appear. Other House and Senate committees with jurisdiction over the agencies and departments that the Plan has proposed actions for will hold their own hearings, including the education, energy, science, transportation, and small business. One major issue of focus and contention will be the Plan s proposal to take some of the spectrum used for over-the-air television broadcasting to auction for high speed wireless broadband applications. The National Association of Broadcasters will vigorously contest that recommendation.
