Matthew Berry

The Federal Communications Commission has so far approved over 230 COVID-19 related Special Temporary Authorities (STAs). What has been the result? During the pandemic, we’ve been very pleased by the performance of our nation’s wireless networks. For example, according to Ookla, notwithstanding increased demand, in April average mobile broadband download speeds in the United States were actually faster than they were in February, before the pandemic hit, and they’ve gotten faster since.

I look at the agenda for this conference [Caribbean Association of National Telecommunication Organizations (CANTO) 2019], and there are sessions on promoting 5G, artificial intelligence, and machine learning across the region.  There are discussions on creating safer communities where our citizens are protected from risks ranging from natural disasters to cyberattacks.

Over the past two days, you’ve heard discussions about the wide range of spectrum management opportunities and challenges in the Americas. But particularly when we think about 5G, the infrastructure piece of the puzzle is crucial. So even though this is the 7th Annual Americas Spectrum Management Conference, I’m pleased to be with you this afternoon to kick off this important panel on infrastructure. 

[Speech] I know that today’s Expo is specifically focused on technological solutions to the robocall challenge. But if there’s an overarching theme, it’s the need for collaborative solutions. Thanks in large part to technology that makes it incredibly easy and cheap to make large numbers of spoofed robocalls, this is a difficult problem to solve, and everyone needs to play their part in getting the job done. That's why it’s important that Congress is actively engaged. That’s why it’s important that the Federal Communications Commission and Federal Trade Commission are working together.

The Federal Communications Commission recently sought comment on two petitions asking the Commission to preempt state laws regulating municipal broadband projects in Tennessee and North Carolina, two of twenty-one states that impose restrictions on municipal broadband.

The real debate is not about whether it is a good idea for cities to get into the broadband business. Nor is it about whether states should restrict localities from getting into the broadband business.

But those are questions to be asked and answered in the fifty state capitals as well as other cities all across our country. Rather, the debate at the Commission is going to be about a relatively narrow but critical question: Does the FCC have the legal authority to preempt state laws regulating municipal broadband? And the answer to that question is a resounding no.

[Berry is Chief Of Staff to FCC Commissioner Ajit Pai]