Connect with us

Broadband's Impact

The Bottom Line: Court Decision on Comcast Vs FCC

The implications of the United States Court of Appeals decision to vacate FCC order in Comcast appeal.

Published

on

WASHINGTON, DC - FEBRUARY 4:  Comcast Chairman...
Image by Getty Images via Daylife

In a decision awaited by many since the FCC’s 2008 admonishment of Comcast’s throttling of file sharing sites, the District of Columbia Court of Appeals ruled to vacate the FCC’s order.

The courts seemed to be following the letter of law when making its decision to vacate. See (D.C. Circuit Court of Appeals’ Comcast/BitTorrent Decision is Out) In essence, the court, in a unanimous decision implied the FCC showed no statutory link under its Title I ancillary authority to mandate that Comcast not throttle file sharing in what has become an ISP network management issue based on Net Neutrality. It did not link that authority under current oversight powers, which currently does not include the Internet, to govern the issue, and remains that simple. Comcast on the other hand is right, under current law, to challenge the FCC. The question remains, how does this affect both Comcast and the FCC going forward?

Comcast Statement:

“We are gratified by the Court’s decision today to vacate the previous FCC’s order.  Our primary goal was always to clear our name and reputation. We have always been focused on serving our customers and delivering the quality open-Internet experience consumers want.   Comcast remains committed to the FCC’s existing open Internet principles, and we will continue to work constructively with this FCC as it determines how best to increase broadband adoption and preserve an open and vibrant Internet.”

FCC Statement:

“The court decision earlier this week does not change our broadband policy goals, nor the ultimate authority of the FCC to act to achieve those goals”

Bottom Line:

The FCC must decide whether it will ask Congress for authority to regulate the Internet as a common carrier, as Net Neutrality proponents have suggested, or move to reclassify the Internet as a telecommunications service, under which it already has authority to govern. As a governing body, comfortable in mandating what telecommunications providers can do with respect to public practices; it now will have to go back to the drawing board to include the Internet. It clearly overstepped its boundaries in the Comcast issue, and without a clear legislative definition of its authority, will face future court dates with any further mandates, at least concerning the Internet.

In addition, Comcast must have the uncomfortable feeling that while it many have won this battle, which it was entitled too, it may lose the inevitable war. How will the long range implications of a pending NBCU merger and the future of a growing and increasingly profitable Internet business be affected, not only for itself, but all other Internet providers as well? It is still too early to imply in a surely heated battle of control forecast to come.

Reblog this post [with Zemanta]

Len Grace is a technology industry veteran with over 18 years experience with Comcast Corporation. His insights into pertinent and relevant issues within the Broadband/Telecom/Cable/Wireless and Mobile sectors both inform and enlighten readers on current industry trends, analysis, business strategy, competitive landscape and legislative agendas. Len is the founder & editor of The Cable Pipeline, a technology blog who contributes to various technology websites including Light Reading, BroadbandBreakfast.com (Expert Opinion), SiliconAngle, Cisco Community: Service Provider Mobility, Amdocs: InTouch Community Portal, Bloomberg's bx Business Exchange, CircleID, and Sys-Con Media/Utilizer. Also see his reporting.

Health

Ask Me Anything! Friday with Craig Settles, Community Telehealth Pioneer at 2:30 p.m. ET

Visit Broadband.Money to register for the Ask Me Anything! event on Friday, December 3, 2021, at 2:30 p.m. ET.

Published

on

Visit Broadband.Money to register for the Ask Me Anything! event on Friday, December 3, 2021, at 2:30 p.m. ET.

Craig’s tireless work has helped transform the last mile of broadband in the U.S., through his influence among national, state, and corporate decision makers, and his on-the-ground work building community broadband coalitions. Broadband Breakfast Editor and Publisher Drew Clark will interview Craig Settles in this Broadband.Money Ask Me Anything!

Read the Broadband.Money profile of Craig Settles

About Our Distinguished Guest

Saved from a stroke by telehealth, Craig Settles pays it forward by uniting community broadband teams and healthcare stakeholders through telehealth projects that transform healthcare delivery.

Mr. Settles conducts needs analyses with community stakeholders who want broadband networks and/or telehealth to improve economic development, healthcare, education and local government. Mr. Settles’ needs analyses opens up additional opportunities to raise money for networks, as well as increase the financial sustainability of your network. He’s been doing this work since 2006.

A community telehealth champion

Mr. Settles views telehealth as the “Killer App” that can close the digital divide because everyone experiences illness or cares for someone who is ill. Every home that telehealth touches must have good broadband. Telehealth technology and broadband in the home provide avenues for other home-based technology services that can improve quality of life, such as companion distance-learning apps, a home business app, and home entertainment apps.

He authored Fighting the Good Fight for Municipal Wireless in 2005, and since then, Mr. Settles has provided community broadband consulting services. His public-sector client list includes Ottumwa, IA, Riverside, Benicia and Glendale, CA and the State of California. Calix, Ciena and Juniper Networks are among those on his private sector client list. In addition, he has testified for the FCC and on Capital Hill.

Craig around the web

Mr. Settles hosts the radio talk show Gigabit Nation, His in-depth analysis reports are valuable resources for community broadband project teams and stakeholders. Building the Gigabit City, Mr. Settles’ blog, further showcases his expertise in this area.

Follow Mr. Settles on Twitter and LinkedIn.

Mr. Settles is frequently called upon as a municipal broadband expert for journalists at CNN, the Wall Street Journal, New York Times, Time Magazine and a host of business, technology and local media outlets. He has spoken at various conferences in the U.S, Europe, South America, Australia and Asia.


About Ask Me Anything! (AMA)

AMA invites broadband industry leaders from all corners to share their knowledge and perspectives with our community.

The format is simple:

  1. A one hour live webinar with our distinguished guest
  2. Interactive questions from attendees in the comments below this post
    • See a question you also wonder about? “Like” it to upvote it
    • Have more questions? Add them as comments to this post.
  3. Our guest will answer as many questions as time permits, in order of upvotes
    • A community moderator will paraphrase our guest’s answers and post as reply
    • Want to weigh in with your perspective? You’re welcome to share your replies!

Please be respectful of our distinguished guest. It’s okay to disagree, but thank you for being kind. Trolls will be banned.

Continue Reading

Broadband's Impact

Julio Fuentes: Access Delayed Was Access Denied to the Poorest Americans

Big Telecom companies caused months and months of delays in the rollout of the Emergency Broadband Benefit.

Published

on

The author of this Expert Opinion is Julio Fuentes, president and CEO of the Florida State Hispanic Chamber of Commerce

Remember when millions of students in dense urban areas and less-populated rural areas weren’t dependent on home broadband access so they could attend school?

Remember when we didn’t need telehealth appointments, and broadband access in urban and outlying areas was an issue that could be dealt with another day?

Remember when the capability to work remotely in underserved communities wasn’t the difference between keeping a job and losing it?

Not anymore.

Education. Health care. Employment. The COVID-19 pandemic affected them all, and taking care of a family in every respect required broadband access and technology to get through large stretches of the pandemic.

You’d think the Federal Communications Commission and its then-acting chairwoman would have pulled out all the stops to make sure that this type of service was available to as many people as possible, as soon as possible — especially when there’s a targeted federally funded program for that important purpose.

Alas, by all appearances, some Big Telecom companies threw their weight around and caused months and months of delays, denying this life-changing access to the people who needed it most — at the time they needed it most.

The program in question is the federally funded Emergency Broadband Benefit program. The EBB offered eligible households — often the poorest Americans — a discount of up to $50 per month toward broadband service, and those households can also receive a one-time discount of up to $100 to purchase a laptop or other computer if they contribute just $10 to the purchase. Huge value and benefits for technology that should no longer be the privilege of only those with resources.

Seems fairly straightforward, right?

It should have been. But FCC Chairwoman Jessica Rosenworcel slammed on the brakes. Why? It turns out that Big Telecom giants wanted more time to get ready to grab a piece of the action — a lot more time. While the program was ready to go in February, it didn’t actually launch until several months later.

That’s months of unnecessary delay.

But it wasn’t providers who were waiting. It was Americans in underserved and rural areas, desperate for a connection to the world.

Here are some numbers for Rosenworcel to consider:

  • As recently as March, 58% of white elementary students were enrolled for full-time in-person instruction, while only 36% of Black students, 35% of Latino students, and 18% of Asian peers were able to attend school in person.
  • Greater portions of families of color and low-income families reportedly fell out of contact with their children’s schools during the pandemic. In one national survey in spring 2020, nearly 30% of principals from schools serving “large populations of students of color and students from lower-income households” said they had difficulty reaching some of their students and/or families — in contrast to the 14% of principals who said the same in wealthier, predominantly white schools.
  • In fall 2020, only 61% of households with income under $25,000 reported that the internet was “always available” for their children to use for educational purposes; this share was 86% among households with incomes above $75,000.

And all of these numbers cut across other key issues such as health care and maintaining employment.

Access delayed was access denied to the poorest, most isolated Americans during the worst pandemic in generations.

Allowing Big Telecom companies to get their ducks in a row (and soak up as many federal dollars as possible) left poor and rural Americans with no options, for months. Who knows how many children went without school instruction? Or how many illnesses went undiagnosed? Or how many jobs were terminated?

This delay was appalling, and Chairwoman Rosenworcel should have to answer for her actions to the Senate Commerce Committee as it considers her nomination for another term as commissioner. Rather than expedite important help to people who needed it most, she led the agency’s delay — for the benefit of giant providers, not the public.

Hopefully, the committee moves with more dispatch than she did in considering her actual fitness to be FCC chairwoman for another term.

Julio Fuentes is president and CEO of the Florida State Hispanic Chamber of Commerce. This piece is exclusive to Broadband Breakfast.

Broadband Breakfast accepts commentary from informed observers of the broadband scene. Please send pieces to commentary@breakfast.media. The views reflected in Expert Opinion pieces do not necessarily reflect the views of Broadband Breakfast and Breakfast Media LLC.

Continue Reading

Education

Texas High School Students Enter the Fight for Better Connectivity

Students in a Houston-area school district hosted a panel on connecting schools and libraries as part of a national event on bridging the digital divide.

Published

on

John Windhausen Jr., founder and executive director of the Schools, Health & Libraries Broadband Coalition

WASHINGTON, December 1, 2021 – Generation Z students are making their mark at a Houston-area school district by adding broadband access to the list of issues they are actively working on.

The high school students in the Fort Bend Independent School District organized a panel conversation on internet access in education as part of Connected Nation’s national event titled “20 Years of Connecting the Nation,” and were able to host some high-profile guests in the world of telecommunications.

The November 17 panel included John Windhausen Jr., founder and executive director of the Schools, Health & Libraries Broadband Coalition, Chris Martinez, division director of information technology for the Harris County Public Library, Heather Gate, vice president of digital inclusion for Connected Nation, and Meredith Watassek, director of career and technical education for Fort Bend ISD.

Nine percent of residents in Harris County, where Houston is located, reports that they do not have a connected device at home and 18 percent say they do not have access to an internet connection. These gaps in access are the focus of the panelists’ digital equity efforts.

With Windhausen and Martinez present on the panel, a key point of discussion was the importance of helping libraries to act as anchor institutions – institutions which help enable universal broadband access.

Watassek pointed out that she has been helping oversee distance learning in Fort Bend ISD for six years, starting such a program to enable teachers to teach students in several of the district’s buildings without having to drive to each one, and has seen that with time and learned experience it is possible to work through distance learning logistical issues that school districts around the nation are currently facing.

Continue Reading

Recent

Signup for Broadband Breakfast

Get twice-weekly Breakfast Media news alerts.
* = required field

Trending