January 2017

Federal Communications Commission Chairman Ajit Pai announced the formation of a new federal advisory committee to explore ways to accelerate deployment of high-speed Internet access (or “broadband”) nationwide and to close the digital divide. The Committee will focus on developing specific recommendations on how the FCC can encourage broadband deployment across America.

“The BDAC’s mission will be to identify regulatory barriers to infrastructure investment and to make recommendations to the Commission on reducing and/or removing them,” said Chairman Pai. Issues the Committee will tackle include further reforms to the FCC’s pole attachment rules; identifying unreasonable regulatory barriers to broadband deployment; ways to encourage local governments to adopt deployment-friendly policies; and other reforms within the scope of the Commission’s authority. In particular, one of the Committee’s first tasks will be drafting a model code covering local franchising, zoning, permitting, and rights-of-way regulations. Many localities may not currently have or be able to develop policies conducive to deployment. With a model code approved by the FCC, any city could build a better regulatory environment for deployment, and any provider would have a better case for installing infrastructure. Nominees for the newly formed Broadband Deployment Advisory Committee will be drawn from a diverse set of stakeholders to address specific regulatory barriers to broadband deployment in both urban and rural areas. Representatives of consumers and community groups, the communications industry, and federal, state, local, and Tribal officials are encouraged to apply. The FCC will accept nominations until February 15, 2017. The Commission expects to hold its first meeting of the new Committee during the spring of 2017.

Sens Angus King (I-ME), Shelley Moore Capito (R-WV), Heidi Heitkamp (D-ND), John Boozman (R-AR), and Amy Klobuchar (D-MN), the co-chairs of the Senate Broadband Caucus, led 48 senators in urging President Donald Trump to include broadband in any infrastructure initiative he puts forward.

They wrote, "As you work with Congress to address the infrastructure needs of our country, we urge you to prioritize policies as part of any infrastructure initiative that will promote deployment of high-speed, reliable broadband for all Americans. Expanding access to broadband, both rural and urban, is the infrastructure challenge of our generation and we cannot afford to wait to make progress on this important goal...A broad agenda to promote broadband access will empower Americans living in every community – from urban city centers to rural towns – with economic opportunities that will jumpstart growth in jobs and wages....This effort should include bringing broadband connections to locations where economic conditions or geography have made deployment difficult and improving the quality and affordability of existing broadband connections."

The Federal Communications Commission eliminated two public inspection file rules. These rules currently require: (1) commercial television and radio broadcast stations to retain, and make available to the public, copies of correspondence from viewers and listeners; and (2) cable operators to maintain and allow public inspection of the location of a cable system’s principal headend.

The action furthers the Commission’s progress in modernizing its public inspection file rules. The elimination of these rules will reduce regulatory burdens on commercial broadcasters and cable operators without adversely affecting the general public. Removing these requirements also will enable broadcasters and cable operators to make their entire public inspection file available online and permit them to cease maintaining local public files.