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Appeals Court Deals Network Neutrality Blow to FCC

WASHINGTON, April 6, 2010 – A federal appeals court ruled Tuesday that the Federal Communications Commission does not have the power to mandate that broadband provider Comcast must give equal treatment to Internet traffic streaming through its networks. Interested parties in the broadband community rushed to express their opinions.

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WASHINGTON, April 6, 2010 – A federal appeals court ruled Tuesday that the Federal Communications Commission does not have the power to mandate that broadband provider Comcast must give equal treatment to Internet traffic streaming through its networks.

The ruling by the District of Columbia’s U.S. Court of Appeals is a huge victory for Comcast. The nation’s largest cable firm had challenged the FCC’s authority to impose network neutrality requirements on broadband companies.

The ruling also calls into question the FCC’s ability to implement parts of its recently released National Broadband Plan.

Comcast had challenged an FCC decision in 2008 forbidding the company from blocking its broadband subscribers from using BitTorrent, an online file-sharing technology.

In reaction to the court’s decision, Federal Communications Commission spokeswoman Jen Howard said the agency “is firmly committed to promoting an open Internet and to policies that will bring the enormous benefits of broadband to all Americans,” adding that the decision “invalidated the prior commission’s approach to preserving an open Internet. But the court in no way disagreed with the importance of preserving a free and open Internet; nor did it close the door to other methods for achieving this important end.”

Proponents of network neutrality were quick to slam the court’s decision.

Parul Desai, vice president of the Media Access Project, said: “I am disappointed in the court’s finding that the commission did not make the case for its authority to take action against Comcast’s blocking of BitTorrent….The commission must have the authority to protect all Internet users against harmful and anticompetitive conduct by Internet service providers.”

Executive Director Markham Erickson of the Open Internet Coalition agreed: “Today’s D.C. Circuit decision in Comcast creates a dangerous situation, one where the health and openness of the Internet is being held hostage by the behavior of the major telco and cable providers.”

Gigi Sohn, president and co-founder of Public Knowledge, said the court decision means there are “no protections in the law for consumers’ broadband services.”

S. Derek Turner, the research director for Free Press, said the decision forces the FCC into an “existential crisis, leaving the agency unable to protect consumers in the broadband marketplace, and unable to implement the National Broadband Plan.”

But Barbara Esbin, a senior fellow at The Progress & Freedom Foundation, applauded the decision, saying the FCC’s action against Comcast’s Internet network management practices was unlawful because Congress has not delegated to the FCC regulatory authority over the provision of Internet services.

Free State Foundation President Randolph May saw the ruling as a possible impetus for  Congress to begin a rewrite of the Communications Act “which ties the commission’s regulatory activity over broadband explicitly to evidentiary showings of abuse of substantial market power and demonstrable consumer harm.”

A comment from Comcast was not available by press time.

FCC

FCC Announces Largest Approval Yet for Rural Digital Opportunity Fund: $1 Billion

The agency said Thursday it has approved $1 billion to 69 providers in 32 states.

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Photo illustration from the Pelican Institute

WASHINGTON, December 16, 2021 – The Federal Communications Commission announced its largest approval yet from the $9.2-billion Rural Digital Opportunity Fund, greenlighting on Thursday $1 billion from a reverse auction process that ended with award announcements in December but that the new-look agency has been scrutinizing in recent months.

The agency said in a press release that this fifth round of approvals includes 69 providers who are expected to serve 518,000 locations in 32 states over 10 years. Its previous round approved $700 million worth of applications to cover 26 states. Previous rounds approved $554 million for broadband in 19 states, $311 million in 36 states, and $163 million in 21 states.

The agency still has some way to approve the entirety of the fund, as it’s asked providers that were previously awarded RDOF money in December to revisit their applications to see if the areas they have bid for are not already served. So far, a growing list have defaulted on their respective areas, some saying it was newer FCC maps that showed them what they didn’t previously know. The agency said Thursday that about 5,000 census blocks have been cleared as a result of that process.

The FCC also said Thursday it saved $350 million from winning bidders that have either failed to get state certification or didn’t follow through on their applications. In one winning bidder’s case, the FCC said Thursday Hotwire violated the application rules by changing its ownership structure.

“This latest round of funding will open up even more opportunities to connect hundreds of thousands of Americans to high-speed, reliable broadband service,” said FCC Chairwoman Jessica Rosenworcel.  “Today’s actions reflect the hard work we’ve put in over the past year to ensure that applicants meet their obligations and follow our rules.  With thoughtful oversight, this program can direct funding to areas that need broadband and to providers who are qualified to do the job.”

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FCC

Local Government Advisors Concerned by Delay in Sohn Confirmation Process

They also believe Alan Davidson will be viewed more favorably to head the NTIA.

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Nominee for FCC Commissioner Gigi Sohn

WASHINGTON, December 14, 2021 – Local government advisors are concerned by delays in the confirmation process of Gigi Sohn, President Joe Biden’s nominee for the Federal Communications Commission, and what those delays will mean for broadband services in local communities.

At the moment, there are reportedly not enough votes from Democrats to confirm Sohn.

The panel of local advisors at a National Association of Telecommunications Officers and Advisors on Monday said the FCC would likely remain split 2-2 between Democrats and Republicans until at least February, when the panel says Sohn’s confirmation will probably pass the Senate.

Such a split would prevent the agency from making some major decisions that would ramp up programs to expand broadband access for Americans. For this reason, several civil society groups have asked the Senate for a swift confirmation process of Biden’s nominees.

The panel also said that Biden’s nominee to head the National Telecommunications and Information Association, Alan Davidson, will likely be reported favorably out of committee.

Logistical problems for the Affordable Connectivity Program

Panelists also spent significant time discussing what current regulatory agency efforts mean for connectivity.

The panel critiqued the FCC’s transition from the Emergency Broadband Benefit to the Affordable Connectivity Program provided for by the newly-passed Infrastructure Investment and Jobs Act to continue providing students with internet access for e-learning. The program provides monthly subsidies for connectivity and devices for eligible students.

This transition is planned to take place with the start of the 2022 new year, and the agency is fielding comments on how to transition.

The panel stated that because this transition takes place during the school year, it has the potential to strand students without connectivity services. Panelists noted that they have been trying to communicate these concerns to the FCC.

The FCC recently eliminated an enrollment freeze in the EBB that was planned to take place during the transition to the ACP.

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FCC

FCC Takes Stock of Telehealth Successes, But Acknowledges a Long Way to Go at Agency Event

Procedural hurdles lie ahead for the commission’s telehealth efforts.

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FCC Commissioner Brendan Carr

WASHINGTON, December 6, 2021 – Federal Communications Commissioner Brendan Carr and several leaders in healthcare said Monday the agency’s efforts to expand telehealth programs for Americans face procedural hurdles before Congress.

The cost of government telehealth expansion efforts is among key factors that create congressional hesitance to rubber stamp the FCC’s telehealth initiatives.

During panel discussions moderated by Carr at a commission event on Monday, experts also remarked that the commission’s efforts would require a good deal of regulatory flexibility that many members of Congress may not be willing to grant it.

Panel guest Deanna Larson, CEO of virtual health network Avera eCARE, testified before the Senate on the matter in October, urging Congress to extend or make permanent its regulatory flexibility toward telehealth.

The panels also spent time discussing the substantial success the FCC has had in expanding telehealth over the course of the coronavirus pandemic.

Experts emphasized accomplishments such as the employment of remote monitoring devices by physicians to physically examine patients when they cannot come into the office.

The panel stated that the move from fully in-person healthcare to telehealth can be compared to the significance of the move from “Blockbuster to Netflix,” referencing the at-home experience of the streaming platform.

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