Senators Blast The FCC For Weakening The Definition Of Broadband To Try And Hide The Industry's Lack Of Real Competition

from the set-the-bar-at-ankle-height dept

Back in 2015, the FCC raised the standard definition of broadband from 4 Mbps down, 1 Mbps up, to an arguably-more-modern 25 Mbps down, 3 Mbps up. Of course the uncompetitive broadband industry (and the lawmakers who adore them) subsequently threw a collective hissy fit about the change, because they realized a higher bar would only highlight their failure to deliver next-generation broadband to vast swaths of America.

And highlight it did: by this new metric, two-thirds of the country lack access to real broadband from more than one ISP. We've explored repeatedly how this is due to a refusal by the nation's telcos to upgrade lagging DSL connections, leaving cable companies with a growing broadband monopoly across huge swaths of the country. With this reduction in competition comes a growing apathy to customer service, as well as the ability to impose new unnecessary and arbitrary usage caps (read: price hikes) without any competitive reaction by the broken market.

Normally, this is where regulators would step in with policies aimed at shoring up this lack of competition. Under the Telecommunications Act, the FCC is required by law to track broadband deployment and competition and -- if things aren't up to snuff -- "take immediate action to accelerate deployment of such capability by removing barriers to infrastructure investment and by promoting competition in the telecommunications market." But if you fiddle with how precisely broadband penetration and competition is measured, you can avoid having to admit there's a problem, or do anything about it.

With industry-ally Ajit Pai now in charge of the FCC, the telecom industry has been lobbying to weaken the standard definition of broadband to help mask the sector's shortcomings. As if on demand, a new FCC proposal would lower the definition of broadband by declaring a region covered if it has access to wireless data connections at speeds of 10 Mbps. The goal: lower the goalposts for the express benefit of lazy telecom duopolies. Duopolies that talk a good game about "closing the digital divide," but refuse to upgrade huge swaths of their networks (espcially the parts where disadvantaged and poor people live) -- and lobby for protectionist state laws ensuring nobody else can, either.

Of course the FCC isn't framing their decision as the industry-coddling myopia it is, instead declaring this a "modernization" of FCC policy, in some instances fooling media outlets into thinking this is about "reclassying wireless broadband" for some ambiguously noble policy purpose. But a handful of Senators this week criticized the FCC's new plan, highlighting (correctly) how lowering the broadband deployment bar to ankle height is a disservice to those waiting for, or trying to deploy, better broadband:

"At this time, such a striking change in policy would significantly and disproportionately disadvantage Americans in rural, tribal, and low-income communities across the nation, whose livelihoods depend on a reliable and affordable broadband connection... In reading this notice of inquiry, it appears that the FCC, by declaring mobile service of 10Mbps download/1Mbps upload speeds sufficient, could conclude that Americans' broadband needs are being met—when in fact they are not. By redefining what it means to have access, the FCC could abandon further efforts to connect Americans, as under this definition, its statutory requirement would be fulfilled."

AT&T, Verizon and the current FCC will tell you that mobile broadband is a perfect substitution for quality fixed-line broadband. And while that might be true by 2030 or so, that's certainly not the case now. Wireless networks certainly can offer comparable speeds to lower-end fixed-line connections, but traditionally at much higher prices -- and often with notable restrictions on usage (more so with the looming death of net neutrality). So these Senators are also right in highlighting how wireless is far from being a suitable-replacement for fixed-line connectivity:

"We believe that mobile broadband service cannot adequately support the same functions as does fixed service currently and, therefore, cannot be a substitute at this time. A small business owner who wants to begin a new venture today would not be adequately supported by mobile-only service. Should the decision to change current policy be made with the technology currently available, it would signal a strong departure from the Commission's mission, while also implying that certain consumers must accept lower-quality connectivity."

Unfortunately, like net neutrality, the quest to erode basic deployment standards will somehow be framed as a "partisan" debate, causing many to lose the plot. And pandering to the Comcast status quo will be framed as some sort of heroic pledge to phony free market ideals none of the regulators or companies backing this effort actually believe in. But lowering the bar to obfuscate the fact U.S. broadband is an uncompetitive market rife with regulatory capture (especially on the state level) isn't some panacea, it's the kind of weak-kneed regulatory apathy that gave us the customer-service abomination we call Comcast in the first place.

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Filed Under: ajit pai, broadband, competition, congress, definitions, fcc