How the FCC Got to 100/20
In its 2024 Broadband Deployment Report, the Federal Communications Commission raised its fixed speed benchmark for broadband to 100 megabits per second (Mbps) download and 20 Mbps upload. The FCC last updated these benchmark speeds in 2015 when it set the speeds at 25/3 Mbps. There is an obvious, short answer to how the FCC reached its 100/20 determination: Congress. In the 2021 Infrastructure Investment and Jobs Act, Congress determined that locations without access to networks that can deliver 25/3 Mbps service are "unserved" and locations without access to 100/20 Mbps service are "underserved." Obviously, the FCC could not continue to set standards for broadband internet access service that Congress considered inadequate. But the FCC did not rely solely on the Infrastructure Investment and Jobs Act to reset the broadband standard. The longer answer to today's question is that the FCC applied a five-step examination to come to 100/20.
- Recent Congressional Action: We start with the FCC's acknowledgment that Congress has established a new standard for broadband. "We find that Congress’s determination that areas receiving broadband speeds of less than 100/20 Mbps are not adequately served necessitates that the Commission raise its fixed speed benchmark accordingly," the report reads.
- What Broadband Providers are Deploying to American Households: In its examination, the FCC found that deployment of infrastructure capable of delivering service of at least 100/20 Mbps is widespread and the speeds marketed by many internet service providers (ISPs) generally substantially exceed 25/3 Mbps.
- Speeds Required for Common Applications: As the New York Public Service Commission told the FCC, “[U]se of the current 25/3 Mbps benchmark...is simply out of step with a typical customer’s broadband needs.” The FCC finds that the requirements for high-quality applications necessitating higher speeds have dramatically increased since 2015 and appear to trend towards requiring more bandwidth over time.
- Consumer Choice: The FCC examined data regarding consumer choice and found that consumers are adopting higher speeds where they are available. Almost 68 percent of households have subscribed to services meeting a 100 Mbps download speed threshold where it is available.
- Other Relevant Broadband Programs: The FCC, the Department of Agriculture's Rural Utilities Service, the Department of Commerce's National Telecommunications Administration (NTIA), and the Department of Treasury all administer federal broadband deployment programs. The FCC examined the requirements in these various programs to inform its decision on benchmark speeds. A number of programs and initiatives at the federal, state, local, and Tribal levels already require speeds at or above 100/20 Mbps.
How the FCC Got to 100/20