On September 6, 2024, the FCC issued a Notice of Inquiry initiating the annual assessment of broadband availability across the country as required by Section 706 of the Telecommunications Act of 1996 (Act). Section 706 of the Act requires the FCC to annually examine the availability of advanced telecommunications services nationwide and whether these services are being deployed in a reasonable and timely manner. In the previous Section 706 Report issued on March 14, 2024, the FCC issued the following findings and conclusions:
* The FCC’s benchmark for fixed high-speed broadband service was increased to 100/20 Mbps consistent with the BEAD and EA-CAM programs.
* The 3/14/24 Report used data from the FCC’s BDC process for the first time instead of Form 477 data that had been used for previous Section 706 Reports.
* The 3/14/24 established a long-term goal for fixed terrestrial broadband service at 1 Gbps/500 Mbps.
* Based on the information analyzed for the 3/13/2024 the FCC concluded that the universal service goals of Section 706 had not been met.
In the September 6, 2024, NOI the FCC proposes to again evaluate the goals of universal service availability, deployment, affordability, and equitable access. In this NOI the FCC proposes the following major steps:
* The Commission proposes maintaining the 100/20 Mbps speed benchmark for fixed broadband service and seeks comment on this proposal. Further, the Commission asks has consumer demand for higher upload speeds relative to download speeds changed sufficiently to justify the adoption of a symmetrical 100/100 Mbps benchmark?
* Regarding the long-term goal, the FCC proposes maintaining the 1Gbps/500 Mbps standard and seeks comment on this proposal. In addition, the FCC seeks comment on raising the long-term benchmark to symmetrical speeds of 1 Gbps download and upload. Further, comments are sought as to whether the Commission should set a time frame for achieving the long-term goal and what that time frame should be.
* The NOI proposes to again use BDC data as the primary data source and 477 data to analyze historical trends and seeks comment on this approach. Further, the FCC’s asks for input relative to the vintage of the BDC data that should be used.
* The NOI also seeks input as to the data sources that should be used to analyze mobile broadband speeds and the appropriate speed benchmark that should be employed.
In recent weeks Comments have been filed in this proceeding by numerous interested Parties and Reply Comments are due November 6, 2024. We will continue to follow this issue and will provide updates as additional information becomes available.
