Federal

Federal Communications Commissioner Brendan Carr released a fact sheet discussing the reclassification of broadband as a Title II telecommunications service. "Following President Biden’s call for the FCC to apply utility-style controls to the Internet under Title II of the Communications Act of 1934, the Federal Communications Commission announced it will begin implementing that plan at its October 19 Open Commission Meeting," said the memo.

A fact sheet on how net neutrality protects consumers and online freedom of speech. Open internet protections have long had widespread – upwards of 80 percent – support from the American people who have come to expect that they will be able to access all lawful content on the internet uninhibited by their broadband service provider’s business decisions. Across administrations from 2005 to 2018, it was the clear policy of the FCC to enforce open internet standards.

President Biden was joined by Federal Trade Commission (FTC) Chair Lina Khan and Consumer Financial Protection Bureau (CFPB) Director Rohit Chopra as they announced new efforts to crack down on junk fees and bring down costs for American consumers. Junk fees are hidden, surprise fees that companies sneak onto customer bills, increasing costs and stifling competition in industries across the economy.

The Federal Trade Commission announced a new proposed rule to prohibit junk fees, which are hidden and bogus fees that can harm consumers and undercut honest businesses. The FTC has estimated that these fees can cost consumers tens of billions of dollars per year in unexpected costs.

Just days before Federal Communications Commission Chairwoman Jessica Rosenworcel announced plans to reinstate some net neutrality guidelines, the FCC also opened a proceeding into the spectrum screen. The move could reflect the fact that Rosenworcel now believes she has enough political clout to impose limits on 5G spectrum ownership via the agency's spectrum screen. After all, Democratic commissioners now outnumber Republicans after the Senate finally approved Democrat Anna Gomez as the fifth commissioner on the FCC.

One of the provisions of the Infrastructure Investment and Jobs Act (IIJA) is that it requires the Federal Communications Commission to “take steps to ensure that all people of the United States benefit from equal access to broadband internet access within the service area of a provider of such service.” In legalese, the term equal access, in this case, means that consumers should be able to expect to get the same speed, capacity, and latency as other customers buying the same product from the same internet service provider (ISP) sold elsewhere.

The Washington State Broadband Office (WSBO) announced the opening of a public comment period for Washington’s Broadband Equity, Access, and Deployment Program (BEAD) DRAFT Initial Proposal Volume I. The public comment period is open for 30 days, and will close on Nov. 10, 2023. Volume I contains information from four of 20 Initial Proposal requirements.

It’s been easy to criticize the Federal Communications Commission broadband coverage maps since they are still full of errors and fantasy. I don’t foresee the maps getting any better as long as internet service providers (ISPs) can continue to decide what they want to report in terms of broadband coverage and speeds. Too many ISPs have reasons for reporting maps they know are inaccurate, and it’s hard to think that’s going to change.

On September 30, the U.S. Senate unanimously voted to confirm Geoffrey Starks and Brendan Carr to serve another term as commissioners on the Federal Communications Commission. Just days before, the Senate confirmed Anna Gomez as FCC commissioner, filling a seat that had been vacant since January 20, 2021. Not only does the FCC now have a full complement of five commissioners, all have terms that will keep them at the agency until at least December 2025. So, the FCC is entering a period of relative stability in its leadership that has not been seen in a few years.

The Federal Communications Commission currently regulates broadband internet access service (BIAS, if you will) as an "information service" under Title I of the Communications Act. As the FCC contemplates reclassifying BIAS as a telecommunications service under Title II's common-carrier framework, the question is whether the FCC has authority to do so. Federal appeals courts have upheld previous FCC decisions on whether to apply common carrier rules to broadband.