FCC
Connecting America, Chapter 2: ‘Goals for a High-Performance America’
THE MISSION OF THE PLAN is to create a high-performance America—a more productive, creative, efficient America in which affordable broadband is available everywhere and everyone has the means and skills to use valuable broadband applications.
Editor’s Note: As BroadbandBreakfast.com begins publishing summaries of the national broadband plan, and commentaries on it, we also here reproduce the actual text of Chapter 2 of “Connecting America: The National Broadband Plan,” as produced by the Federal Communications Communications Commission. Chapter 2 is available here; the plan is available in PDF form at http://broadband.gov/download-plan
THE MISSION OF THE PLAN is to create a high-performance America—a more productive, creative, efficient America in which affordable broadband is available everywhere and everyone has the means and skills to use valuable broadband applications.
The importance of broadband continues to grow around the world. High-performing companies, countries and citizens are using broadband in new, more effective ways. Some countries have recognized this already and are trying to get ahead of the curve. South Korea, Japan, Australia, Sweden, Finland and Germany, among others, have already developed broadband plans.
A high-performance America cannot stand by as other countries charge into the digital era. In the country where the Internet was born, we cannot watch passively while other nations lead the world in its utilization. We should be the leading exporter of broadband technology—high-value goods and services that drive enduring economic growth and job creation. And we should be the leading user of broadband-enabled technologies that help businesses increase their productivity, help government improve its openness and efficiency, and give consumers new ways to communicate, work and entertain themselves.
To ensure we lead the world, this plan addresses the troubling gaps and unrealized opportunities in broadband in America by recommending ways federal, state and local governments can unleash private investment, innovation, lower prices and better options for consumers. Its recommendations fall into four general categories:
- Design policies to ensure robust competition and, as a result, maximize consumer welfare, innovation and investment.
- Ensure efficient allocation and management of assets government controls or influences, such as spectrum, poles, and rights-of-way, to encourage network upgrades and competitive entry.
- Reform current universal service mechanisms to support deployment of broadband and voice in high-cost areas; and ensure that low-income Americans can afford broadband; and in addition, support efforts to boost adoption and utilization.
- Reform laws, policies, standards and incentives to maximize the benefits of broadband in sectors government influences significantly, such as public education, health care and government operations.
Across these categories, this plan offers recommendations for the Federal Communications Commission (FCC), the Executive Branch, Congress, states and other parties. But to ensure we are on the right path, the country should set longterm goals and benchmarks to chart our progress. The plan recommends that the country set the following six goals for 2020 to serve as a compass over the next decade.
GOAL No. 1: At least 100 million U.S. homes should have affordable access to actual download speeds of at least 100 megabits per second and actual upload speeds of at least 50 megabits per second.
The United States must lead the world in the number of homes and people with access to affordable, world-class broadband connections. As such, 100 million U.S. homes should have affordable access to actual download speeds of at least 100 Mbps and actual upload speeds of at least 50 Mbps by 2020. This will create the world’s most attractive market for broadband applications, devices and infrastructure.
The plan has recommendations to foster competition, drive demand for increased network performance and lower the cost of deploying infrastructure. These recommendations include providing consumers with information about the actual performance of broadband services, reviewing wholesale access policies and conducting more thorough data collection to monitor and benchmark competitive behavior. Reforming access to rights-of-way can lower the cost of upgrades and entry for all firms. Increased spectrum availability and use for backhaul can enable more capable wireless networks that will drive wired providers to improve network performance and ensure service is affordable.
Government can also help create demand for more broadband by enabling new applications across our most important national priorities, including health care, education and energy, and by ensuring consumers have full control of their personal data.
As a milestone, by 2015, 100 million U.S. homes should have affordable access to actual download speeds of 50 Mbps and actual upload speeds of 20 Mbps.
GOAL No. 2: The United States should lead the world in mobile innovation, with the fastest and most extensive wireless networks of any nation.
Mobile broadband is growing at unprecedented rates. From smartphones to app stores to e-book readers to remote patient monitoring to tracking goods in transit and more, mobile services and technologies are driving innovation and playing an increasingly important role in our lives and our economy. Mobile broadband is the next great challenge and opportunity for the United States. It is a nascent market in which the United States should lead.
Spectrum policy is the most important lever government has to help ensure wireless and mobile broadband thrive. Efficient allocation of spectrum consistent with the public interest will maximize its value to society. It will lower network deployment costs, making it easier for new companies to compete and enabling lower prices, more investment and better performance.
Today, the FCC has only 50 megahertz of spectrum in the pipeline that it can assign for broadband use, just a fraction of the amount that will be necessary to match growing demand. As a result, companies representing 5% of the U.S. economy asked the FCC to make more spectrum available for mobile broadband, saying that “without more spectrum, America’s global leadership in innovation and technology is threatened.”1
To achieve this goal of leading the world in mobile broadband, the plan recommends making 500 megahertz of spectrum newly available for broadband by 2020, with a benchmark of making 300 megahertz available by 2015. In addition, we should ensure greater transparency in spectrum allocation and utilization, reserve spectrum for unlicensed use and make more spectrum available for opportunistic and secondary uses.
GOAL No. 3: Every American should have affordable access to robust broadband service, and the means and skills to subscribe if they so choose.
Not having access to broadband applications limits an individual’s ability to participate in 21st century American life. Health care, education and other important aspects of American life are moving online. What’s more, government services and democratic participation are shifting to digital platforms. This plan recommends government use the Internet to increase its own transparency and make more of its data available online. Getting everyone online will improve civic engagement—a topic this plan also addresses by recommending a more robust digital public ecosystem.
Three requirements must be satisfied to ensure every American can take advantage of broadband. First, every American home must have access to network services. Second, every household should be able to afford that service. Third, every American should have the opportunity to develop digital skills.
The plan recommends reforming existing support mechanisms to foster deployment of broadband in high-cost areas: specifically, the Universal Service Fund and intercarrier compensation. The plan outlines a 10-year, three-stage course of action to transform these programs to connect those who do not have access to adequate broadband infrastructure.2 Rather than add new burdens to the already strained contribution base, we must make the tough choice to shift existing support that is not advancing public policy goals in order to directly focus those resources on communities unserved by broadband.
To promote affordability, this plan also proposes extending the Lifeline and Link-Up programs to support broadband. To promote digital skills, we need to ensure every American has access to relevant, age-appropriate digital literacy education, for free, in whatever language they speak, and we neeed to create a Digital Literacy Corps.
Achieving this goal will likely lead to an adoption rate higher than 90% by 2020 and reduced differences in broadband adoption among demographic groups.
To the end, government can make broadband more accessible to people with disabilities. It can also work with Tribal governments to finally improve broadband deployment and adoption on Tribal lands.3 And it can ensure small businesses— many of which are owned by women and minorities—have the opportunity to purchase broadband service at reasonable rates.
GOAL No. 4: Every American community should have affordable access to at least 1 gigabit per second broadband service to anchor institutions such as schools, hospitals and government buildings.
Schools, libraries and health care facilities must all have the connectivity they need to achieve their purposes. This connectivity can unleash innovation that improves the way we learn, stay healthy and interact with government.
If this plan succeeds, every American community will have affordable access to far better broadband performance than they enjoy today. To do so, the plan makes recommendations about reforming the E-rate and the Rural Health Care support programs. Second, non-profit and public institutions should be able to find efficient alternatives for greater connectivity through aggregated efforts.
What’s more, unleashing the power of new broadband applications to solve previously intractable problems will drive new connectivity demands. The plan makes numerous recommendations, including reforming incentive structures, licensing and data interoperability, to ensure public priorities take advantage of the benefits broadband networks, applications and devices offer. If they are implemented, demand for connectivity in hospitals, schools, libraries and government buildings will soar.
In some communities, gigabit connectivity may not be limited to anchor institutions. Certain applications could also require ultra-high-speed connectivity at home. And once community anchors are connected to gigabit speeds, it would presumably become less expensive and more practical to get the same speeds to homes.
GOAL No. 5: To ensure the safety of the American people, every first responder should have access to a nationwide, wireless, interoperable broadband public safety network.
In June 2004, the 9/11 Commission released its final report about events of September 11, 2001. The report found that “the inability to communicate was a critical element” at each of the“crash sites, where multiple agencies and multiple jurisdictions responded.” They concluded: “Compatible and adequate communications among public safety organizations at the local, state, and federal levels remains an important problem.”4
It remains a problem more than five years later. Often, first responders from different jurisdictions cannot communicate at the scene of an emergency. Federal officials can rarely communicate with state and local officials. Officials from different towns and cities have difficulties communicating with each other. What’s more, with few exceptions, current networks do not take advantage of broadband capability, limiting their capacity to transmit data and hindering potential innovations in public safety that could save lives.
The country should create a nationwide, wireless, interoperable broadband public safety network by 2020. The network should be robust enough to maintain performance in the aftermath of a disaster, and should allow every first responder, regardless of jurisdiction or agency, to communicate with each other and share real-time data over high-speed connections. Chapter 16 outlines recommendations to make this goal a reality.
GOAL No. 6: To ensure that America leads in the clean energy economy, every American should be able to use broadband to track and manage their real-time energy consumption.
America can no longer rely on fossil fuels and imported oil. To improve national security, reduce pollution and increase national competitiveness, the United States must lead, not follow, in the clean energy economy. Encouraging renewable power, grid storage and vehicle electrification are important steps to improve American energy independence and energy efficiency; to enable these technologies at scale, the country will need to modernize the electric grid with broadband and advanced communications.
Studies have repeatedly demonstrated that when people get feedback on their electricity usage, they make simple behavioral changes that save energy.5 Real-time data can also inform automated thermostats and appliances, allowing consumers to save energy and money while helping the country reduce the need for expensive new power plants.
Chapter 12 outlines specific recommendations to ensure that consumers can use broadband to gain access to and improve their control of their real-time energy information. With strong cybersecurity and privacy protections, consumers and their authorized third parties should be able to get access to real-time usage information from smart meters and historical billing information over the Internet.
CONCLUSION
To achieve these goals, it is not enough to simply state where we wish to be.* America needs a plan that creates a process to meet these targets and look beyond them. The chapters that follow offer specific recommendations to launch that process.
Part I of this plan makes recommendations to ensure that America has a world-leading broadband ecosystem for both fixed and mobile service. It discusses recommendations to maximize innovation, investment and consumer welfare, primarily through competition. It then recommends more efficient allocation and management of assets government controls or influences, such as spectrum, poles and rights-of-way, to maximize private sector investment and facilitate competition.
Part II makes recommendations to promote inclusion—to ensure that all Americans have access to the opportunities broadband can provide. These include reforming the Universal Service Fund and intercarrier compensation. It also makes recommendations to promote broadband affordability, adoption and digital literacy.
Part III makes recommendations to maximize the use of broadband to address national priorities. This includes reforming laws, policies and incentives to maximize the benefits of broadband in areas where government plays a significant role. This part makes recommendations to unleash innovation in health care, energy, education, government performance, civic engagement, job training, economic development and public safety.
Finally, the plan outlines an implementation strategy to ensure the country executes these recommendations, creates a dynamic process and meets each of the goals outlined here.
Before exploring any of these recommendations further, though, it is important to understand the current state of broadband in the United States, which is described in Chapter 3.
* In Shakespeare’s Henry IV, Welsh rebel Glendower tells his co-conspirator Hotspur: “I can call spirits from the vasty deep.” Hotspur responds, “Why, so can I, or so can any man; But will they come when you do call for them?” William Shakespeare, Henry IV, pt. I, act 3, sc. 1, 52–58.
1 Letter from 21st Century Telecommunications et al., Members of the Consumer Electronic Association et al., to Chairman Julius Genachowski and Commissioners, FCC, GN Docket No. 09-51 (Dec. 2, 2009) at 1 (filed by Consumer Electronics Association on behalf of 115 parties).
2 Omnibus Broadband Initiative, The Broadband Availability Gap (forthcoming).
3 For the purposes of the plan, “Tribal lands” is defined as any federally recognized Tribe’s reservation, pueblo, and colony, including former reservations in Oklahoma, Alaska Native regions established pursuant to the Alaska Native Claims Settlement Act, Pub. L. No. 92-203, 85 Stat. 688 (1971), and Indian allotments. The term “Tribe” means any American Indian or Alaska Native Tribe, Band, Nation, Pueblo, Village, or Community, which is acknowledged by the Federal government to have a government-to-government relationship with the United States and is eligible for the programs and services established by the United States. See Statement of Policy on Establishing a Government-to-Government Relationship with Indian Tribes, Policy Statement, 16 FCC Rcd 4078, 4080 (2000). Thus, “Tribal lands” includes American Indian Reservations and Trust Lands, Tribal Jurisdiction Statistical Areas, Tribal Designated Statistical Areas, and Alaska Native Village Statistical Areas, as well as the communities situated on such lands. This would also include the lands of Native entities receiving Federal acknowledgement or recognition in the future.
4 9/11 Comm’n, The 9/11 Commission Report 39 (2004), available at http://www.9-11commission.gov/report/911Report.pdf.
5 Google Comments in re NBP PN #2 (Comment Sought on the Implementation of Smart Grid Technology—NBP Public Notice #2, GN Docket Nos. 09-47, 09-51, 09-137, Public Notice, 24 FCC Rcd 11747 (WCB 2009) (NBP PN #2)), filed Oct. 2, 2009, at 4.
5G
Industry Praises FCC Proposal to Revamp the 5G Rural Fund
The FCC proposed adjusting the $9-billion budget allocated for the fund using updated maps

WASHINGTON, September 26, 2023 – Industry associations are praising a proposal from the Federal Communications Commission Thursday to review coverage areas based on updated commission maps so that the 5G Fund can reach more communities without the wireless technology.
Thursday’s vote proposes to help dictate the eligibility requirements for areas in need of support of the 5G Rural Fund for America.
The commission proposed adjusting the $9-billion budget allocated for the 5G Fund, the optimal methodology for consolidating eligible areas into smaller geographic regions for bidding, the feasibility to extend 5G Fund support to qualifying regions in Puerto Rico and the U.S. Virgin Islands, possibly mandating cybersecurity and supply chain risk management plans for 5G Fund recipients, and the possibility of whether the 5G Fund should be utilized to encourage the deployment of Open Radio Access Networks.
“What this means is that as we develop the 5G Fund and build the successor to our existing universal service program supporting wireless networks in rural America, known as the Mobility Fund, we will be able to incorporate this detailed picture of where service is and is not,” FCC Chairwoman Jessica Rosenworcel said. “We will be able to see gaps in coverage and ensure support actually reaches the communities that need it most.”
Meredith Attwell Baker, president and CEO of industry association CTIA, praised the commission’s decision “for recognizing the crucial role that mobile wireless services play in keeping Americans connected.”
“Implementing the 5G Fund and using the FCC’s new maps will help extend the benefits of advanced 5G services to more communities and consumers,” she said.
Tim Donovan, president and CEO of the Competitive Carriers Association, also praised the decision, saying the 5G Fund “has been a top priority for CCA, and we will continue to work with the Commission and our members to ensure the final rules preserve and expand mobile broadband access to every American.”
The commission also adopted Thursday new regulations to expedite space applications, the availability of spectrum resources for space launches, old rules to combat robocallers, and handed down over $100 million in fines.
FCC space and spectrum allocations
The FCC unanimously ratified the Expediting Initial Processing of Satellite and Earth State Applications Space Innovation, which is the adoption of new rules to expedite its processing of space and earth station applications.
It also unanimously ratified new rules ensuring that commercial space launches have the necessary spectrum resources for reliable communication. These adoptions will “promote safety, competition, innovation, and continued American leadership in the new Space Age,” the agency said. The new rules will also provide an allocation within the 2025 to 2110 MHz band for ground-to-launch vehicle telecommand which is needed for space launch operations, and make “the entire 2200 to 2290 MHz band available for launch telemetry.”
“I believe that the most important part of streamlining the FCC’s application processing procedures is ensuring swift and efficient FCC action—which will maintain U.S. leadership in the satellite communications service industry. It will also nurture the growth of the broader space sector, which includes new and innovative manufacturing processes, robotics, earth surveillance and exploration and other future innovations,” Commissioner Nathan Simington said.
Robocallers losing access to phone numbers
The FCC also voted in favor of adopting rules that would modernize the commission’s requirements on how Voice over Internet Protocol providers get direct access to telephone numbers.
The adoption sets in motion parameters to limit access to “phone numbers by perpetrators of illegal robocalls, protect national security and law enforcement, safeguard the nation’s finite numbering resources, reduce the opportunity for regulatory arbitrage, and further promote public safety.”
In line with the Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act, the new rules will require applicants to submit additional disclosures and certifications in regard to their “ownership structures and compliance with the Commission’s rules and state law and takes targeted steps to address the concerns” that were raised in the rulemaking.
These rules consist of making robocall-related certifications that will help ensure compliance with the commission’s rules targeting illegal robocalls; to keep and disclose current information about ownership, including foreign ownership, that will alleviate the risk of providing violators abroad with access to U.S. numbering resources; guarantee their compliance with other commission rules that are applicable to interconnected VoIP providers including particular public safety and access stimulation rules, and requirements to submit timely FCC Forms 477 and 499 filings; and compliance with state laws and registration requirements that apply to businesses in each state where numbers are requested.
FCC fines Dorsher Enterprise $116 million
The FCC additionally adopted a $116,156,250 fine against the Dorsher Enterprise, a group consisting of Thomas Dorsher, ChariTel, OnTel, and ScammerBlaster.
The Commission’s investigation revealed that the group promoted themselves as a crusade fighting against scam robocalls at the same “illegally robocalling toll free numbers” and used credits from their scam “to fund telephony denial of service (TDoS) attacks on other entities.”
The parties in the group, which allegedly made nearly 10 million robocalls to generate toll free dialing fees, are jointly liable for the fine.
“Dorsher’s claim that he was actually trying to ‘shut down scammers’ is meritless in the face of these facts,” Commissioner Geoffrey Starks said. “As I have said repeatedly, there are numerous hurdles to finding these bad actors, and bringing them to account for violations of our rules. I am pleased to see another example of how, by working together, we can untangle these schemes and protect consumers.”
Digital Inclusion
Broadband Association Argues Providers Not Engaged in Rollout Discrimination
Trade group says telecoms are not discriminating when they don’t build in financially difficult areas.

WASHINGTON, September 18, 2023 – Broadband association US Telecom sent a letter to the Federal Communications Commission last week saying internet service providers don’t build in certain areas because it is financially difficult, not because they are being discriminatory.
The FCC proposed two definitions of digital discrimination in December 2022: The first definition includes practices that, absent technological or economic constraints, produce differential outcomes for individuals based a series of protected characteristics, including income, race, and religion. The second definition is similar but adds discriminatory intent as a necessary factor.
“To make business determinations regarding capital allocation, an ISP must consider a host of commercially important factors, none of which involve discrimination,” said the September 12 letter from USTelecom, which represents providers including AT&T, Verizon, Lumen, Brightspeed, and Altafiber.
“As the Commission has consistently recognized, such deployment is extremely capital-intensive…This deployment process is therefore subject to important constraints related to technical and economic feasibility” added the letter.
US Telecom explained that ISPs’ will choose to invest where they expect to see a return on the time and money they put into building broadband.
The association added that factors like population density, brand reputation, competition and the availability of the providers’ other services all go into deciding where broadband gets deployed.
“The starting point of the Commission’s approach to feasibility should be a realistic acknowledgement that all ISPs must prioritize their resources, even those that invest aggressively in deployment,” added the letter.
The association also highlighted the fact that it hopes to see as little government intervention in broadband deployment activity as possible, a concern that has been echoed by lobbyists before.
“Rather than attempting to use Section 60506 to justify taking extra-statutory intrusive actions that could paradoxically undermine ongoing broadband investment, the Commission must enable ISPs to make decisions based on their own consideration of the kinds of feasibility factors discussed above” read the letter.
Section 60506 of the Infrastructure, Investment and Jobs Act says that the FCC may implement new policies to ensure equal access to broadband.
The FCC is also looking to develop guidelines for handling digital discrimination complaints filed against broadband providers.
USTelecom said that ISPs should be allowed to demonstrate financial and logistical concerns as a rebuttal to those claims, in addition to disclosing other reasons for directing investment elsewhere to demonstrate non-discriminatory practice.
Reasons for investment elsewhere would include rough terrain, low-population density, MTE owners not consenting to deployment, zoning restrictions, or historical preservation review.
“To aid in the success of the Infrastructure Act and facilitate equal access, the Commission must continue to foster an environment conducive to ISP investment in the high-speed broadband infrastructure that Congress rightly views as central to our connected future,” concluded the letter.
FCC Comments
CAF II Auction Recipients Push FCC to Extend Letter of Credit Waiver, Relax Restrictions
The agency proposed a shorter, more restrictive waiver.

WASHINGTON, September 14, 2023 – Internet service providers who received project funding under the Connect America Fund Phase II Auction are asking the Federal Communications Commission to continue waiving their letter of credit requirements.
The FCC requested in August comments on a proposal to extend the waiver for one year — through December 2024 from the current December 31, 2023 date — and limit it to providers who have filed all location reports on time and have finished at least 60 percent of the total locations they agreed to build in each state. In 2020 the FCC waived the letter of credit requirements — requiring a cash collateral on agreements for risk assessment — for auction recipients in response to the pandemic, allowing them to comply with the less restrictive Rural Digital Opportunity Fund letter of credit rules.
Without the waiver, providers would need to secure letters of credit for all support they had previously received, plus the money they are slated to receive in the coming year. The waiver reduces that requirement to a single year of funding if providers build infrastructure at the agreed upon pace.
Auction recipients, through the Connect America Fund Phase II Coalition, pushed back on both conditions in a filing to the FCC dated Monday and asked for a two-year extension on the waiver, citing long-term economic effects of the pandemic and rising interest rates. That would keep the waiver in place until December 31, 2025, the entire remaining build timeline.
The coalition asked for a lighter deployment threshold, 57 percent of a provider’s obligated locations rather than 60. It also pushed the FCC to include providers who have missed a filing deadline in the waiver, calling the “one strike and you’re out” proposal “disproportionate,” the filing said.
The CAF II auction provided in 2018 nearly $1.5 billion for providers to build out network infrastructure in areas that are expensive to serve. Recipients of funds under the auction are not required to provide broadband speeds, with a minimum requirement of 10 Mbps upload and 1 Mbps upload.
RDOF, which concluded a similar reverse auction in 2020, has allocated over $9 billion for the same purpose, with up to $11.2 million available for a second phase.
Future auctions are in jeopardy, though, as providers defaulted on nearly $3 billion of the initial award. Those that have not defaulted are pressing the FCC for more funding.
More than 300 people in the broadband industry asked the National Telecommunications and Information Administration to remove the requirement for the upcoming $42.5 billion BEAD grant program, arguing it prevents smaller providers with less capital on hand from participating.
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