OTI Urges FCC to Update Definition of Broadband Speeds, Recognize Necessity of Fixed Broadband, and Consider Affordability in Determining Broadband Availability

Last week, OTI filed comments urging the Federal Communications Commission (FCC) to update its definition of broadband speeds, to recognize that mobile broadband is not a comparable substitute to fixed at-home broadband service, and to consider affordability in determining broadband availability as part of its Section 706 review.

Congress requires the FCC to report annually on whether advanced telecommunications capability “is being deployed to all Americans in a reasonable and timely fashion,” and to take “immediate action” if it is not.

OTI urges the FCC, specifically, to 1) increase the benchmark for broadband from 25/3 Mbps in download and upload speed set in 2015 to 100/20 Mbps, and to consider updating the definition to require symmetric (i.e. equal download and upload) speeds in the future; 2) determine that mobile broadband remains a complement, not a substitute, to fixed broadband; and 3) incorporate affordability as part of its Section 706 report by leveraging new and forthcoming data—including the updated national broadband map data and from the soon-to-be required Broadband Labels—to assess the impact of affordability on broadband availability, especially in light of the recently adopted discrimination rules.

The following can be attributed to Raza Panjwani, Senior Policy Counsel at OTI:

“We applaud the FCC’s proposal to bring its outdated definition of broadband ‘up to speed’ and into alignment with the benchmarks being used by NTIA to guide the investment of the $42.45 billion BEAD fund to close the digital infrastructure divide. We also support the FCC’s goal of setting long-term benchmark goals, and encourage the Commission to move towards symmetric connections as the demand for upload bandwidth will only continue to increase as hybrid and remote work and education opportunities grow.

“We also remind the Commission that nothing has changed since its last inquiry that suggests that mobile broadband constitutes a real substitute for fixed broadband connections. Costs remain high, usage of mobile connections remain constrained by carriers who limit video quality and device tethering, and data caps on mobile plans are an order of magnitude less than typical fixed broadband connection usage. While mobile broadband connections are critical in their own right, they are no substitute for fixed connections at home.

“Finally, we continue to urge the FCC to focus on affordability as a key determinant of accessibility. As our Cost of Connectivity reports have regularly shown, Americans have to pay more for less when it comes to internet access compared to other countries. Broadband is not truly available if Americans cannot afford it. We also urge the commission to leverage new and soon to be available data, including updated national broadband map data and Broadband Label data, to assess where and for whom broadband is affordable.”