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FCC Chairman Julius Genachowski Calls for Network Neutrality and Transparency Rules

WASHINGTON, September 21, 2009 – The Federal Communications Commission must be a “smart cop on the beat” to preserve a free and open internet, Chairman Julius Genachowski said Monday during a speech at the Brookings Institution.

Andrew Feinberg

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WASHINGTON, September 21, 2009 – The Federal Communications Commission must be a “smart cop on the beat” to preserve a free and open internet,  Chairman Julius Genachowski said Monday during a speech at the Brookings Institution.

While acknowledging the 30th birthday of ARPANet – the predecessor to today’s internet, Genachowski announced his intent to launch a proceeding which would extend and formalize the “Four Principles” of the commission’s 2005 Internet Policy Statement through a formal rule making – as well as introduce two new principles: non-discrimination and transparency in network management.

Genachowski’s plans to formally codify “network neutrality” into federal regulations come as the commission’s 2008 ruling against Comcast for blocking peer-to-peer traffic remains under the cloud of a court challenge. Comcast has alleged the FCC’s 2005 policy statement does not have the force of law – nor does the commission have the authority to regulate broadband providers in the first place.

Legislation is already pending in the House of Representatives that would give the FCC this explicit authority.

But Genachowski has no plans to wait for legislative action, he said, and plans to introduce a Notice of Proposed Rulemaking at the commission’s October open meeting.

Action is needed because as Americans have shifted to broadband services from dial-up internet access, the number of provider choices has “narrowed substantially,” he said. But no one should infer any conclusions from that statement, Genachowski added cautiously. “It is simply a fact about today’s marketplace that we must acknowledge and incorporate into our policymaking.

And the convergence of entertainment providers with broadband service providers means that those companies often compete with services that are delivered over their own networks – creating a situation in which “broadband providers’ rational bottom-line interests may diverge from the broad interests of consumers in competition and choice,” he said.

The explosive growth of internet traffic is yet a third reason for clear regulatory principles, Genachowski added. He noted that internet traffic has roughly doubled every two years, and with them have come a plethora of sophisticated network management tools that are often opaque to the end-user. These tools “cannot by themselves determine the right answers to difficult policy questions – and they raise their own set of new questions,” he said.

These questions are difficult, Genachowski acknowledged. But “we have an obligation to ask and to answer correctly for our country,” he said. Ignoring the issues and leaving them to the whims of the market would “deprive innovators and investors of confidence” that the internet will remain open, he said.

And retreating from the internet’s core principle of openness would be  dangerous to the medium that has become “stunningly successful as a platform for innovation, opportunity, and prosperity,” he said. “Saying nothing – and doing nothing – would impose its own form of unacceptable cost.”

Genachowski outlined two specific additions to the 2005 policy statement which he intends to circulate next month. The “fifth principle” would state that broadband providers may not discriminate against particular Internet applications by degrading or blocking lawful traffic.

This would not prevent enforcement of any existing laws — nor hamper network providers from managing their networks, Genachowski stressed. “This principle will not constrain efforts to ensure a safe, secure, and spam-free Internet experience, or to enforce the law. It is vital that illegal conduct be curtailed on the Internet,” he said. “The enforcement of copyright and other laws and the obligations of network openness can and must co-exist.”

And the “sixth principle” would mandate broadband providers be transparent about their network management practices. Because the internet evolved from open standards, it should be managed with tools and practices that are disclosed so their effects can be known, he said. Such openness will “help facilitate discussion among all the participants in the Internet ecosystem, which can reduce the need for government involvement in network management disagreements,” he said.

Mobile broadband will be held to the same standards as traditional broadband, Genachowski said. “Even though each form of Internet access has unique technical characteristics, they are all are different roads to the same place. It is essential that the Internet itself remain open, however users reach it,” he urged.

Genachowski will circulate these six principles in a Notice of Proposed Rulemaking to his colleagues to be introduced at next month’s open meeting. The proposed rules are being drafted by commission staff.

But the proposal is “not about government regulation of the internet,” Genachowski stressed emphatically. “It’s about fair rules of the road for companies that control access to the internet.” And the commission’s approach will be limited and only exercised on a case-by-case basis, he said. “We will do as much as we need to do, and no more.”

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BroadbandCensus.com was launched in January 2008, and uses “crowdsourcing” to collect the Broadband SPARC: Speeds, Prices, Availability, Reliability and Competition. The news on BroadbandCensus.com is produced by Broadband Census News LLC, a subsidiary of Broadband Census LLC that was created in July 2009.

A recent split of operations helps to clarify the mission of BroadbandCensus.com. Broadband Census Data LLC offers commercial broadband verification services to cities, states, carriers and broadband users. Created in July 2009, Broadband Census Data LLC produced a joint application in the NTIA’s Broadband Technology Opportunities Program with Virginia Tech’s eCorridors Program. In August 2009, BroadbandCensus.com released a beta map of Columbia, South Carolina, in partnership with Benedict-Allen Community Development Corporation.

Broadband Census News LLC offers daily and weekly reporting, as well as the Broadband Breakfast Club. The Broadband Breakfast Club has been inviting top experts and policy-makers to share breakfast and perspectives on broadband technology and internet policy since October 2008. Both Broadband Census News LLC and Broadband Census Data LLC are subsidiaries of Broadband Census LLC, and are organized in the Commonwealth of Virginia. About BroadbandCensus.com.

Andrew Feinberg is the White House Correspondent and Managing Editor for Breakfast Media. He rejoined BroadbandBreakfast.com in late 2016 after working as a staff writer at The Hill and as a freelance writer. He worked at BroadbandBreakfast.com from its founding in 2008 to 2010, first as a Reporter and then as Deputy Editor. He also covered the White House for Russia's Sputnik News from the beginning of the Trump Administration until he was let go for refusing to use White House press briefings to promote conspiracy theories, and later documented the experience in a story which set off a chain of events leading to Sputnik being forced to register under the Foreign Agents Registration Act. Andrew's work has appeared in such publications as The Hill, Politico, Communications Daily, Washington Internet Daily, Washington Business Journal, The Sentinel Newspapers, FastCompany.TV, Mashable, and Silicon Angle.

FCC

Federal Communications Commissioner Brendan Carr Optimistic About Finding Common Ground at Agency

Samuel Triginelli

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Screenshot of FCC Commissioner Brendan Carr from C-Span

March 24, 2021 — Federal Communications Commissioner Brendan Carr said the regulator has since 2017 seen what he wanted: Broadband speed increases and lower prices.

“The approach we adopted in 2017 is working,” he said at the Free State Foundation’s 13th annual telecom policy conference on Tuesday. “Speeds have increased, prices are down, and we see more competition than ever before; we need to keep it that way,” he said, stressing the importance of reinforcing the good work the previous administration did and continues to do.

Carr, who has been a part of the FCC since 2012 in various capacities and through different compositions, said the transition into the new administration is going well.

In contrast to before, when it seemed as though the “sky was falling” and there were many problems with net neutrality, today’s reality is quite different, thanks to Acting Chairwoman Jessica Rosenworcel, he said.

The chairwoman contacted him almost immediately after she asked him to participate an event together on telehealth. There have been a lot of conversations and compromises since that moment, he said.

He said elections do bring some consequences, and undoubtedly have shaken some of the agency’s previous standards with a different party in leadership. However, he said the FCC has been finding common ground, something that “has been all too rare in the past couple of years.”

He added that, in 2016, experts and analysts weren’t painting a very rosy picture for the US future leadership when it comes to 5G. One of the primary reasons cited was the cost and length of time to build out the Internet infrastructure in this country, he said.

“We went from 708 new cell sites in 2017 to over 46,000. The progress is astounding, and not only with towers but with fiber, as we built 450k miles of fiber in just one year alone.”

Spectrum auctions driving the agenda, Carr says

Optimistic on spectrum, he pointed out that at present, there is a lot of it available. “In 2017, the FCC had previously voted in a lot of higher band spectrum options.”

The work of initial prioritization was completed by us before 2017 when we moved in and noticed the lack of midband spectrum in the pipeline. We had to move fast, and we had the first auction for the midband in 2020, with frequencies ranging from 3.5 to 5.5 gigahertz.

Over the last couple of years, he said the FCC has opened that band to intensive use, pushing the midband spectrum a great deal. The future holds the need to create a spectrum calendar with a rough outline of spectrum auctions, including which bands are available for auction and when, he said. “I have already filled in that calendar.”

He said the regulator’s challenge is not with a lack of communication but with coordination.  “We need the FCC to take a step back and consider the public interest, how the agency can best achieve the federal missions and how it can best do this. Even if there are going to be disagreements, it is paramount to ensure that the American economy stays competitive.”

Looking ahead, Carr said the 5.9 gigahertz project, which last year was on trial to expand rural broadband access, would be a great beginning to prove that good leadership and compromise are possible between both parties.

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FCC

The $3.2 Billion Emergency Broadband Benefit Program: What’s In It, How to Get It?

Tim White

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Pool photo of FCC Acting Chairwoman Jessica Rosenworcel by Jonathan Newton

March 5, 2021 – Just shy of the 60-day deadline set by Congress, the Federal Communications Commission adopted an order on February 25, detailing how the new Emergency Broadband Benefit Program would work.

The $3.2 billion program was part of the Consolidated Appropriations Act of 2021 that passed Congress in December 2020 and is allocated to the FCC to help low-income households with broadband access during the COVID-19 pandemic.

Broadband Breakfast Live Online will focus on the program on Wednesday, March 10, 2021: “The Emergency Broadband Benefit: How Will the $3.2 Billion Program Work?

The funding will provide up to $50 per month for eligible low-income households, increased to $75 per month for those living on native tribal lands. Rather than disbursing directly to consumers, the funds will be distributed to participating broadband providers, who in turn will grant the discounted internet access to qualifying households who apply.

The Emergency Broadband Benefit program is not to be confused with the Emergency Connectivity Fund currently being considered by Congress.

The Emergency  Broadband Benefit program also has a one-time reimbursement option of $100 for purchasing desktops, laptops or tablets for connecting to the internet, with a co-pay of between $10 and $50.

Households do not receive the reimbursement for buying a device separately: That is provided by the service providers through which the funding will be disbursed.

To qualify for the program, households must meet one of the following criteria:

  • Qualifies for the FCC Lifeline program
  • Is approved for the free or reduced-price school breakfast/lunch program
  • Demonstrates substantial documented loss of income since February 29, 2020
  • Received a federal Pell grant in the current award year
  • Qualifies for a participating provider’s existing low-income or COVID-19 relief program, subject to FCC approval.

To receive reimbursement for services and connected devices, participating service providers must register with SAM.gov, cannot be listed on the Department of the Treasury’s “do not pay” list, and must register with the FCC to receive a registration number. Similar to the Lifeline program, the EBBP will be provided to companies who participate through the Universal Service Administrative Company.

To participate, companies are not required to be eligible telecommunications carriers through Lifeline, but must apply through an “election notice” with USAC. They must also get prior approval from the FCC before filing their notice.

The application window for service providers to apply to the program opens on Monday, March 8, 2021, and ends March 22. The program should begin approximately April 25, or 60 days after the FCC published the order.

The service provider’s broadband plan must have been in place by December 1, 2020, to receive the discounted rate.

Unlike the FCC’s Lifeline program that has been in place for several years, this new funding is temporary and set to expire, either when the $3.2 billion are exhausted or six months after the Health and Human Services secretary declares that COVID-19 is no longer a health emergency.

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FCC

What You Need To Know About the More-Than-$7 Billion Emergency Connectivity Fund

Derek Shumway

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Photo of Kamala Harris proceeding to break the deadline on coronavirus relief deliberations from the Los Angeles Times

March 5, 2021 – The Senate on Thursday voted to begin debate on the $7.6 billion Emergency Connectivity Fund, which is part of the House-passed $1.9-trillion coronavirus stimulus bill.

Most of the 591-page bill adheres closely to what President Biden called for in his relief proposal in January 2021, as reported by CNN. The $7.6 billion Emergency Connectivity Fund includes funds for internet service, hot spots, and other devices to use at home. The larger coronavirus bill includes new rounds of stimulus checks, unemployment assistance, and healthcare support.

This comes after a coalition of education advocates in January 2021 petitioned the FCC to add in a provision for emergency E-rate funding. On Feb. 9, 2021, House Energy and Commerce Chairman Frank Pallone, D-N.J., announced the provision as part of the committee’s legislative recommendations for the COVID budget reconciliation legislation. The Federal Communications Commission would be tasked with implementing the $7.6-billion fund.

The potential fund of more than $7 billion fund in this Emergency Connectivity Fund is not to be confused with the Emergency Broadband Benefit Program, a new pot of broadband money allocated by the consolidated appropriations bill passed in December 2021.

Broadband Breakfast Live Online will focus on that other program on Wednesday, March 10, 2021: “The Emergency Broadband Benefit: How Will the $3.2 Billion Program Work?

The magnitude of the pandemic has sent schools scrambling to connect students to virtual learning. The Emergency Connectivity Fund would help connect some more than 15 million children and as many as 400,000 teachers, according to Common Sense and Boston Consulting Group.

But passage of the additional more-than-$7 billion in funding is not assured. Even to begin debate on the broader coronavirus relief package, Vice President Kamala Harris had to cast a tie-breaking vote because the Senate is even split with 50 senators who caucus with the Democrats and 50 Republicans.

Major tech priorities included in an earlier Senate draft of the bill appear unchanged in the official version of the bill introduced to the Senate yesterday. Funding for the Emergency Connectivity Fund is part of larger funding for the Technology Modernization Fund, as well as for the Cybersecurity and Infrastructure Security Agency and other proposals.

President Biden originally proposed $10.2 billion of funding for the modernization fund and cybersecurity, but the Senate’s version includes just $1 billion. Additional, the Senate’s version includes  $7.17 billion for the Emergency Connectivity Fund, which was reduced by more than $400 million from the original $7.6 billion proposed figure.

Still, the fund represents the a very large tech investment to support broadband capabilities and remote learning in schools.

As Broadband Breakfast noted on Monday, the Emergency Connectivity Fund, previously signed into law in December 2020, secured $3.2 billion to expand broadband coverage to underserved communities and households in need. This internet service discounts of up to $50 per month for eligible consumers and up to $75 per month for those on tribal lands. Additional discounts on a computer or laptop device are also included.

As reported by MeriTalk, getting the Senate to bring its version of the $1.9 trillion stimulus bill to a vote later this week is imperative, as both chambers are pushing to get the bill signed into law before March 14, when some unemployment assistance programs will expire.

Presuming the Senate passes its version of the bill, it goes back to the House for a vote and then onto the White House for President Biden’s final signature.

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