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Cable Group NCTA Says Deny Exclusive Multitenant Access, But Not Wiring, Agreements

NCTA said the FCC should deny exclusive access to these buildings, but not exclusive wiring agreements.

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Michael Powell, president and CEO of NCTA

WASHINGTON, September 8, 2021 – The internet and television association NCTA is suggesting that the Federal Communications Commission deny all broadband providers exclusive access to multitenant buildings, but to continue allowing exclusive wiring agreements.

On Tuesday, the FCC opened a new round of comments into its examination of competitive broadband options for residents of apartments, multi-tenant and office buildings.

In a Tuesday ex parte notice to the commission, which follows a formal meeting with agency staff on September 2, the NCTA said the record shows that deployment, competition, and consumer choice in multiple tenant environments “are strong,” and that the FCC can “promote even greater deployment and competition by prohibiting not just cable operators, other covered [multiple video programming distributors], and telecommunications carriers, but all broadband providers from entering into MTE exclusive access agreements.

The organization, whose member companies include Comcast, Cox Communications and Charter Communications, also said it should continue to allow providers to enter into exclusive wiring agreements with MTE owners. Wiring just means that the provider can lay down its cables, like fiber, to connect residents.

“Exclusive wiring agreements do not deny new entrants access to MTEs. Rather, exclusive wiring agreements are pro-competitive and help ensure that state-of-the-art wiring will be deployed in MTEs to the benefit of consumers.”

The NCTA also told the FCC that there would be technical problems with simultaneous sharing of building wires by different providers and vouched for exclusive marketing arrangements, according to the notice.

The FCC’s new round of comments comes after a bill, introduced on July 30 by Rep. Yvette Clarke, D-New York, outlined plans to address exclusivity agreements between residential units and service providers, which sees providers lock out other carriers from buildings and leaving residents with only one option for internet.

Reached for comment on the filing, a spokesman for NCTA said they had nothing to add to the filing, which was signed by Mary Beth Murphy, deputy general counsel to the cable organization.

Assistant Editor Ahmad Hathout has spent the last half-decade reporting on the Canadian telecommunications and media industries for leading publications. He started the scoop-driven news site downup.io to make Canadian telecom news more accessible and digestible. Follow him on Twitter @ackmet

FCC

FCC Announces New RDOF Accountability and Transparency Measures, Additional Funding

Results of verifications, audits and speed and latency testing for the Rural Digital Opportunity Fund will be made public.

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Photo of reels of cabling in Hinsdale, Mont., in August 2016 by Tony Webster used with permission

WASHINGTON, January 28, 2022 – The Federal Communications Commission on Friday said that it will implement new accountability and transparency measures, and make public the results of verifications, audits and speed and latency testing for the Rural Digital Opportunity Fund.

The measures are part of a new known as the Rural Broadband Accountability Fund that monitors several universal service high-cost programs.

Additionally announced in a press release, the Rural Broadband Accountability Fund will speed up the FCC’s audit and verification processes.

Audits and verifications are projected to double in 2022 as compared to 2021 and include on-site audits, and a particular focus will be placed on auditing and verifying the largest-dollar and highest-risk RDOF recipients.

The agency also announced that it would commit more than $1.2 billion more to RDOF, the largest funding round for the program to date.

The new funding will bring broadband service to more than 1 million locations through deployments in 32 states, with 23 broadband providers assisting the effort.

Going forward, the commission will deny waivers, it said, “for winning bidders that have not made appropriate efforts to secure state approvals or prosecute their applications.”

All winning bidders will undergo “an exhaustive technical, financial, and legal review.”

Finally, the commission says a list of areas will be published which details where providers have defaulted, “making those places available for other broadband funding opportunities.”

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Broadband Data

Federal Communications Commission Approves New Provider Transparency Requirements

Broadband providers must now create “broadband nutrition labels” which list pricing and speed information.

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Photo of FCC Chairwoman Jessica Rosenworcel from January 2015 by the Internet Education Foundation used with permission

WASHINGTON, January 28, 2022 – The Federal Communications Commission voted Thursday to require that broadband providers create “broadband nutrition labels” that list information on the pricing and speed of internet service they provide.

The labels mimic food nutrition labels in format and aim to increase transparency of providers in their marketing to consumers.

With their approval at the commission’s monthly open meeting Thursday, Commissioner Geoffrey Starks said the new rules are crucial to consumers being able to find the best deals on broadband service for their personal needs.

Commission Chairwoman Jessica Rosenworcel praised the label format, saying that it allows consumers to “easily compare” information and that it is “black and white, simple to read, and easy to understand.”

The long-simmering idea was enacted by Congress in the bipartisan infrastructure bill signed by the president on November 15. It directed the FCC to revive the project by one year from the law’s passage.

On Thursday, Joshua Stager, New America’s deputy director for broadband and competition policy at its Open Technology Institute, called the vote “a welcome step forward and a win for consumers.” The think tank began promoting the idea last decade, and it had been endorsed by the Obama administration before being canned by the Trump administration.

Industry group Wireless Internet Service Providers Association said the transparency afforded by the new policy “provides consumers with important tools to make informed choices.”

Additionally in Thursday’s meeting, when the agency tentatively revoked telecom operator China Unicom Americas’ operating authority in the United States, the agency said they had reached out to the Department of Justice for assistance in responding to what they say are potential threats from the China-based company. This inter-agency review is routinely part of determinations involving foreign-owned telecommunications companies.

The agency also updated its definition of “library” to make clear that Tribal libraries are eligible to receive funds under the Universal Service Fund’s E-rate program.

Starks emphasized that the commission’s action represented progress on digital inclusion efforts, but that unfamiliarity of Tribal libraries with the E-rate program remains a problem.

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FCC

Federal Communications Commission Implements Rules for Affordable Connectivity Program

The agency implemented new rules on the Affordable Connectivity Program, which makes a new subsidy permanent.

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Photo of Jessica Rosenworcel by Rob Kunzig of Morning Consult

WASHINGTON, January 24, 2022 – The Federal Communications Commission adopted rules Friday for its Affordable Connectivity Program that changes and, in some cases narrows, the eligibility requirements for the subsidy to allow for more households to be connected.

An extension of the former Emergency Broadband Benefit Program, which offered discounts to broadband service providers to subsidize connectivity and devices, the new program will make it easier for providers to get in the program by automatically making eligible providers in good standing.

Additionally, the FCC maintains that the monthly discount on broadband service is limited to one internet discount per household rather than allowing the benefit for separate members of a household. “Adopting a one-per-household limitation best ensures that Program funding is available to the largest possible number of eligible households,” the agency said in its report.

To accommodate the volume of eligible households enrolling in the ACP, the FCC allowed providers until March 22 – 60 days after its Friday order is published in the Federal Register– to make necessary changes to ensure that the ACP can be applied to providers’ currently sold plans.

“So much of our day to day—work, education, healthcare and more—has migrated online. As a result, it’s more apparent than ever before that broadband is no longer nice-to-have, it’s need-to-have, for everyone, everywhere,” said FCC Chairwoman Jessica Rosenworcel. “But there are far too many households across the country that are wrestling with how to pay for gas and groceries and also keep up with the broadband bill. This program, like its predecessor, can make a meaningful difference.”

The Infrastructure Investment and Jobs Act transformed the EBB to the longer-term Affordable Connectivity Program by allocating an additional $14.2 billion to it.

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