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House Defers to Senate Broadband Data Bill; Final Bill Deletes Funding and National Map

WASHINGTON, October 7 – Congress last week passed legislation, the “Broadband Data Improvement Act,” that seeks better information about high-speed internet connections but cuts all authorization of funds – an amount that had totaled $40 million for each of fiscal years 2008 through 2012 in the Senate Commerce Committee version of the legislation.

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WASHINGTON, October 7 – Congress last week passed legislation, the “Broadband Data Improvement Act,” that seeks better information about high-speed internet connections through enhanced data collection by five separate government agencies.

But as passed by the Senate and the House, S. 1492 deleted all authorization of funds – an amount that had totaled $40 million for each of fiscal years 2008 through 2012 in the Senate Commerce Committee version of the legislation.

Although S. 1492 was agreed to by the House, the bill undercut many of the key features of a companion House bill, the “Broadband Census of America Act,” H.R. 3919.

H.R. 3919 passed the House in November 2007. It would have forced the disclosure of company-by-company broadband data. It also would have created a national broadband map under the aegis of the Commerce Department’s National Telecommunications and Information Administration, with details on broadband coverage by every broadband provider at the nine-digit ZIP code level. Both features are absent in the final bill.

The Senate finally passed S. 1492 on Friday, September 26 – the same day that many state officials and academics gathered in Washington at the “Broadband Census for America Conference” sponsored by BroadbandCensus.com, Carnegie Mellon University, the University of Texas at Austin and Virginia Tech’s eCorridors Program.

Until recently, Sen. Thomas Coburn, R-Okla., had opposed passage of S. 1492 on the grounds that the $40 million annual authorization was an unwarranted expenditure of federal monies.

The House passed a slightly-modified version of S. 1492 on Monday, September 29 – the same day that it initially rejected the $700 billion financial industry bailout package. Because of the changes, the Senate needed to clear the House-passed version. It did so last week, and the bill is currently before President Bush.

Sponsored by Senate Commerce Committee Chairman Daniel Inouye, D-Hawaii, the Broadband Data Improvement Act has received wide-spread support across Congress. At a September 16 hearing, Inouye said that the measure “will give us the baseline statistics we need in order to eventually achieve the successful deployment of broadband…to all Americans.”

Some House members expressed disappointment about S. 1492’s failure to require comprehensive mapping of broadband and reporting on commercial providers on the local level.

House Energy and Commerce Committee Chairman John Dingell, D-Mich., agreed with Inouye’s statement on the positive impact better data could have. Through an aide, Dingell said he would have preferred to create a nationwide map of broadband infrastructure and “remains hopeful we can work towards that goal as the legislation is implemented.”

Rep. Ed Markey, D-Mass., Chairman of the Energy and Commerce Subcommittee on Telecommunications and the Internet, expressed similar disappointment. In a statement, Markey said he “wish[ed] the Senate bill contained the more rigorous data collection and disclosure, as well as the mapping provisions that were contained in the House-passed bill.”

During House floor consideration of the bill on Monday, Markey was optimistic that such a comprehensive mapping effort might still be possible, arguing that “the Secretary of Commerce should create a website through the National Telecommunications and Information Administration (NTIA) depicting broadband inventory maps of all the States as outlined in the House-passed bill.”

The Commerce Department is one of several federal agencies that will now be tasked with improving national data on broadband services and utilizing that data to improve policies to enhance and expand the technological infrastructure, including the Federal Communications Commission (FCC), the Census Bureau (a nominally independent part of Commerce), the Government Accountability Office, and the Small Business Administration.

The Act also changes the language of the 1996 Telecommunications Act to require the FCC conduct an “annual” – in place of a “regular” – inquiry into broadband deployment and to list of all the 5-digit ZIP codes where broadband is not available in the U.S.

The reach of the Broadband Data Improvement Act could be global: the FCC is also directed to conduct studies on broadband services in 25 other nations and to report on difference and similarities between these nations and the U.S.

Likewise, the Census Bureau will have to expand its studies of America’s technology uses and include questions on computer ownership and broadband vs. dial-up adoption in its ongoing American Community Survey, according to the Act.

Progress on the Broadband Data Improvement Act came amidst heavy criticism of both the federal government’s broadband data collection methods and metrics as well as the United States’ arguably poor stature in broadband connectivity levels when compared to other nations.

The importance of improving the country’s broadband infrastructure was the subject of a recent hearing before the Senate Commerce Committee, the same committee responsible for the markup of S. 1492. At the hearing, representatives from an array of consumer groups conveyed to senators the impact broadband has had on American’s lives through innovations like online education, telehealth applications, and increased employment opportunities. Broadband was even responsible for the delivery of one citizens testimony from Alaska, where citizens living on remote native American lands depend on high-speed internet for key access to virtual health care delivered from as far away as Dayton, Ohio.

Inouye concluded the hearing by stating that federal policies should better reflect the importance of broadband to the national communications system.

The following week, another set of experts gathered at the American Association for the Advancement of Science in Washington at the Broadband Census for America Conference to discuss the importance of improving broadband data collection in order to better inform policy.

At the conference, broadband policy makers and economic experts like Professor Kenneth Flamm of the University of Texas discussed the challenge to the development of sound policy posed by the lack of quality data. “We really don’t have a lot of scientific data available on broadband right now,” Flamm said.

Former FCC Commissioner Rachelle Chong, currently a Public Utility Commission in California, presented a keynote address at conference focusing on California’s current efforts to collect granular data on broadband availability in the state. The effort seeks to improve upon the limited and highly criticized data published by the FCC.

On Capitol Hill, S. 1492 does not dictate any major reforms in the FCC methodology, a signal that Congress is largely satisfied with recent self-improvements the Commission said it would make. In June, the FCC released the details of a March order seeking collection of data about broadband availability at the census tract level. The FCC refuses to release the names of the broadband providers that offer service, citing “competitive harm” that would follow from such disclosure.

The FCC also seeks to include of speed tier data to better reflect the quality of service advertised by broadband providers.

The Broadband Data Improvement Act does attempt to improve further on some of the FCC’s metrics through other institutions. On speed and price, for example, S. 1492 calls for GAO to develop methods and metrics to measure the actual price per bit consumers receive and the actual broadband speeds they experience as well, as opposed to the advertised speeds.

While specific funding for these provisions awaits determination by the Appropriations Committee, the act does direct Commerce to establish a grants program that will match funds by state, municipal, or non-profit organizations intended for “initiatives to identify and track the availability and adoption of broadband services within each State.”

The National Association of Regulatory Utility Commissioners (NARUC) cited this final provision in particular on Wednesday when Ray Baum of the Oregon Public Utilities Commission, and chairman of the NARUC Telecommunications Committee, applauded Congress for acknowledging “the important role States play.” He added: “the information gained as a result of this bill will speed broadband-collection programs and help bring the power of the Internet to as many citizens as possible.”

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Broadband Data

Ookla Has Verizon as Fastest Q1 Fixed Provider, T-Mobile Takes Top Spot for Mobile

T-Mobile was also named the most consistent mobile operator and topped 5G download speeds.

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Image of Speedtest from May 2017 by Daniel Aleksandersen used with permission

WASHINGTON, April 18, 2022 – A market report released Friday by performance metrics web service Ookla named Verizon the fastest fixed broadband provider in the U.S. during the first quarter of 2022, and T-Mobile as the fastest mobile operator during the same period.

Verizon had a median download speed of 184.36 Mbps, edging out Comcast Xfinity’s speed of 179.12 Mbps. T-Mobile’s median mobile speed was 117.83 Mbps.

Verizon had the lowest latency of all providers, according to Ookla, well ahead of Xfinity’s fourth place ranking, yet sat at third for consistency behind both Xfinity and Spectrum.

T-Mobile was also the most consistent mobile operator during the first quarter, achieving an Ookla consistency score of 88.3 percent, which along with median download speed represented an increase from the fourth quarter of 2021.

The company also achieved the fastest median 5G download speed, coming in at 191.12 Mbps.

Verizon also notably increased its 5G download speed from its Q4 metric, attributed in part to the turning on of new C-band spectrum in January following deployment delays and protest from airlines. For mobile speeds, it stood in second behind T-Mobile, bumping AT&T to a standing of third. These rankings were the same for mobile measures of latency and consistency.

Yet on 5G availability, AT&T remains ahead of Verizon.

The Samsung Galaxy S22 Ultra came in as the fastest popular device in the country, running at 116.33 Mbps.

Ookla is a sponsor of Broadband Breakfast.

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Broadband Data

FCC’s Rosenworcel: Broadband Nutrition Labels Will Create New Generation of Informed Buyers

The FCC hopes companies will make it easier for consumers to choose a broadband plan that fits their needs.

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Photo of Chairwoman Jessica Rosenworcel speaking at the Mobile World Conference 2022 in Barcelona

WASHINGTON, March 11, 2022 – The Federal Communications Commission’s broadband nutrition labels will usher in a new era where buyers have simple information about what they’re buying, agency Chairwoman Jessica Rosenworcel said Friday.

Consumers should know what they’re signing up for when they spend hundreds “or even thousands” of dollars per year for internet service. She was speaking at Friday’s commission hearing on its so-called broadband nutrition label initiative.

The hearing comes on top of a public comment period on the initiative. Many providers are pushing for more flexible regulations on compliance.

When consumers choose a broadband provider for their household, Rosenworcel said may people make decisions with “sometimes incomplete and inaccurate information.”

“The problem for broadband consumers isn’t a total lack of information, but there’s loads of fine print,” Rosenworcel said. “It can be difficult to know exactly what we are paying for and these disclosures are not consistent from carrier to carrier,” which makes comparing prices and services harder and more time-consuming for consumers.

The comments built on other recent speeches by Rosenworcel promoting the initiative, encouraging state attorneys general’s ability to enforce companies’ commitments through their states’ consumer protection statutes.

The FCC began a plan in 2015 for broadband labels that was voluntary. The new initiative directed by last year’s bipartisan infrastructure law makes this effort mandatory for broadband providers.

Matt Sayre, managing director of cross sector economic development firm Onward Eugene, said residents in rural Oregon would benefit from simple information when considering broadband providers. During a time where dial-up and satellite-based offerings were primarily available, Sayre said his neighbors “never used terms like latency or packet loss.”

“These are important aspects of good internet service, but not easily understood by most people,” Sayre said. “Citizens understood they needed better service but were uncertain about what tier of service they needed. This is where broadband labels can be very helpful.”

The hearing was the agency’s first on the initiative.

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Small ISP Organizations Push FCC for Flexibility on Broadband Label Compliance

Advocates say strict compliance requirements may economically harm small providers.

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Photo of outgoing WISPA CEO of Claude Aiken from April 2018 by New America used with permission

WASHINGTON, March 11, 2022 ­­– In comments submitted to the Federal Communications Commission Wednesday, organizations representing small internet providers are pushing for flexible regulations on compliance with a measure that requires clear reporting of broadband service aspects to consumers.

The measure was adopted at a late January meeting by the commission, mandating that providers list their pricing and speed information about services in the format of a “broadband nutrition label” that mimics a food nutrition label. Congress’ bipartisan infrastructure bill enacted in the fall required that the FCC adopt such policy.

The organizations that submitted comments Wednesday say that strict compliance requirements for the new measure may economically harm small providers.

Among those leading the charge are trade associations Wireless Internet Service Providers Association, NTCA – The Rural Broadband Association and America’s Communications Association as well as provider Lumen Technologies.

In comments, limited resources of smaller providers were cited as factors which could disadvantage them in terms of complying with the measure to the FCC’s standards and several organizations asked for small providers to be given extra time to comply.

In separate comments, internet provider Lumen said that the FCC must make multiple changes to its approach if it is to “avoid imposing new obligations that arbitrarily impose excessive costs on providers and undermine other policy goals.”

Last month, FCC Chairwoman Jessica Rosenworcel said that she looks forward to increased coordination between the FCC and state attorneys general for the enforcement of the measure.

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