On February 22, 2024, the FCC released its annual Section 706 Report (Report), in Docket No. 22-270, titled “Inquiry Concerning Deployment of Advanced Telecommunications Capability to All Americans in a Reasonable and Timely Fashion.” The latest 706 Report is the Commission’s first since Congress passed the Infrastructure Investment and Jobs Act and the first to include data from ISPs as part of the Broadband Data Collection (BDC) rather than the Form 477 which was previously used. Not surprisingly, when it comes to timely and readily available broadband deployment, the agency finds that more work needs to be done.
Based on that finding, in the Report, the FCC takes the following actions:
Raises the required fixed speed benchmark for advanced telecommunications capability to 100/20 Mbps based on the standards now used in multiple federal and state programs (such as the NTIA Broadband Equity, Access, and Deployment Program and multiple USF programs), consumer usage patterns, and what is available from and marketed by ISPs. The Commission’s fixed speed benchmark had been set at 25/3 Mbps since 2015.
Concludes that its standard for success under section 706 is universal broadband availability and that for deployment to occur in a “reasonable and timely fashion,” it must occur rapidly to not leave large groups of Americans without access to broadband.
Examines the universal service goals adopted in its Future of Universal Service Fund Report: universal deployment, affordability, adoption, availability, and equitable access to broadband throughout the United States.
Finds the ISP Broadband Data Collection shows that fixed terrestrial broadband service (excluding satellite) has not been physically deployed to approximately 7 percent of all Americans as of December 2022, almost 28 percent of Americans in rural areas, and more than 23 percent of people living on Tribal lands.
While not establishing a speed benchmark for mobile broadband service, the agency notes that at year-end 2022, mobile 5G-NR coverage has not been physically deployed at minimum speeds of 35/3 Mbps to roughly 9 percent of all Americans, almost 36 percent of Americans in rural areas, and more than 20 percent of people living on Tribal lands.
Determines that for Americans to have access to advanced telecommunications capability, they must have access both to fixed and mobile advanced telecommunications capability, unfortunately the data indicates that 9 percent of Americans, almost 36 percent of Americans in rural areas, and more than 20 percent of people living on Tribal lands lack access to advanced telecommunications capability using a 100/20 Mbps fixed speed benchmark and mobile 5G-NR deployed at minimum speeds of 35/3 Mbps.
Adopts a long-term speed goal of 1 Gbps/500 Mbps to give stakeholders a collective goal towards which to strive—a better, faster, more robust system of communication for American consumers.
Increases the short-term benchmark for schools and classrooms access to 1 Gbps per 1,000 students and staff, and reports that 74 percent of school districts meet this new short-term goal.
Presents available data regarding the universal service goals of affordability, adoption, availability, and equitable access.
And in total, finds that advanced communications capability is not being deployed in reasonable and timely fashion based on the total number of Americans, Americans in rural areas, and people living on Tribal lands lack who lack access to such capability.
The agency notes that these findings are troubling for fixed broadband, and much worse when mobile broadband is included.
We note that the statistics we discuss above do not take into account the fact that in our current digital age, people need access both to fixed and mobile broadband service to have access to advanced telecommunications capability. Taking any measure of mobile broadband service used in this Report, a larger number of Americans can be said not to have access to advanced telecommunications capability. If we were to use Mobile 5G-NR with a minimum speed of 35/3 Mbps as the mobile standard, approximately 45 million Americans lack access to both fixed and mobile broadband and, therefore, advanced telecommunications capability. Report, at para. 223).
And based on this determination, section 706 requires the Commission to “take immediate action to accelerate deployment of such capability by removing barriers to infrastructure investment and by promoting competition in the telecommunications market,” and it intends to do so. Get ready, because much new work for us is coming soon!