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Van Hollen, Harris Urge FCC Chairman Pai to Accurately Report the State of Broadband in America

New guidelines would redefine broadband access to include mobile devices, misrepresenting broadband access across America

Today, U.S. Senator Chris Van Hollen (D-Md.) and Congressman Andy Harris, M.D. (R-Md.) wrote to Federal Communications Commission (FCC) Chairman Pai urging the FCC to reconsider their proposal to end the distinction between mobile and fixed broadband in their annual 706 Broadband Progress report, upending decades of FCC precedent. The annual report gathers crucial data on the state of broadband in America in order to ensure that broadband is being deployed to all Americans in a timely manner. Traditionally, the FCC has considered mobile and fixed broadband as complimentary but separate technologies. While access to broadband on a mobile device is an important tool, it is not an adequate substitute for fixed broadband, used via a computer or laptop. For instance, mobile users often have difficulty using their devices to complete job and college applications and children without access to broadband at home have difficulty completing their homework. If the FCC starts to consider mobile and fixed broadband as interchangeable it will lead to an inaccurate assessment of broadband access in unserved and underserved communities across the United States. As Senator Van Hollen and Congressman Harris note in their letter, this decision could have wide-ranging impacts not only on the economies of these areas but also on a variety of community services including health care.
 
Senator Van Hollen and Representative Harris wrote, “Nearly every facet of daily life requires some form of digital connectivity.  Historically, the Commission has considered mobile and fixed broadband as complement technologies and not substitutes.  We believe that the Commission should continue in this tradition and that the proposed policy reversal would be an active step backwards in expanding broadband service to rural communities. Without adequate service deployment and accurate data collection for both fixed and mobile, our rural and national economy will suffer.  Every American who has ever had to ask ‘Can you hear me now?’ while on their cell phone or has had to wait for buffering when streaming a video on a mobile device would attest that wireless is not as robust and reliable.”  
 
They continued, “There are challenges in expanding broadband deployment to rural communities but the solution for Congress and the Commission is not to redefine itself out of the problem but to work with industry to propose and promote viable solutions to address obstacles. It would be a disservice to rural Americans to be told by the Commission that their broadband needs are being met when their reality is much different.”
 
The full text of the letter can be found here and below.
 
January 17, 2018
 
 
Chairman Ajit Pai
Federal Communications Commission
445 12th Street SW
Washington, DC 20554
 
 
Dear Chairman Pai:
 
We write in response to the Federal Communication Commission’s 706 Report Notice of Inquiry (NOI).  As members of Congress, we are uniquely qualified to comment on how best the FCC can support and accelerate rural broadband expansion.
 
Section 706 of the Telecommunications Act requires that the Commission conduct an annual review to determine if “advanced telecommunications capability is being deployed to all Americans in a reasonable and timely fashion.”[1]  The purpose of the 706 report is for the Commission to collect the most accurate data so that officials at the FCC and lawmakers in Congress can draft the best policies to ensure the ongoing timely deployment of broadband to all Americans.  This year, for the first time, the Commission proposes combining both fixed and mobile telecommunications in making this determination.  The National Rural Electric Cooperative Association stated in their comment to the 706 NOI that the Commission’s proposal to combine fixed and wireless broadband in their analysis will have a disproportionate negative impact on Americans in rural, unserved and underserved communities.
 
Nearly every facet of daily life requires some form of digital connectivity.  Historically, the Commission has considered mobile and fixed broadband as complement technologies and not substitutes.  We believe that the Commission should continue in this tradition and that the proposed policy reversal would be an active step backwards in expanding broadband service to rural communities. Without adequate service deployment and accurate data collection for both fixed and mobile, our rural and national economy will suffer.  Every American who has ever had to ask “Can you hear me now?” while on their cell phone or has had to wait for buffering when streaming a video on a mobile device would attest that wireless is not as robust and reliable.  
 
Although the NOI notes that “nearly 80 percent of [ ] mobile subscribers used smartphones” and that “wireless companies continue to offer expanded options to users,” wireless broadband cannot currently replicate the stability, capacity and speed of fixed broadband service.[2]  The increased rise of Americans who exclusively use their cell phones to access the internet should not lead the Commission to conclude that mobile technology can replace fixed broadband. Commissioner Clyburn noted in her statement that for many Americans who exclusively access the internet through their cellphones, it is often a necessity and not a choice.[3] Consumers who rely upon their cell phones exclusively for internet access encounter numerous complications. Americans who have limited access to fixed broadband have difficulty applying for jobs and filling out forms on their cell phones.[4]  The broadband ‘homework gap’ affects 5 million households who do not have broadband access and makes it more difficult for children to do research and complete their homework.[5]
 
The rise in telehealth services and the ability for patients in isolated towns to receive care remotely from their doctors also underscores the importance of fixed broadband service. The University of Maryland Medical System offers “telestroke, telecardiology, emergency pediatric care, maternal fetal medicine consultations and high-risk pregnancy management, acute mental health, pediatric organ transplant evaluations and rehabilitation of spinal cord patients.”[6] Health breakthroughs allow patients to receive consultations close to home and are lifesaving for homebound patients. These advancements and the growing intersection between health and technology is not possible without stable, reliable, and fixed broadband.
 
Increasingly, rural industries also require fixed broadband. The rise in precision agriculture and reliance on “smart” farming equipment that uses broadband necessitates consistent and robust internet services. These technologies allow farmers and businesses to efficiently fertilize and water their crops, sell their produce, and reduce waste.  John Deere, a leading manufacturer of forestry and agricultural machinery, noted in their response that precision agriculture cannot work effectively with only wireless broadband.[7]
 
There are challenges in expanding broadband deployment to rural communities but the solution for Congress and the Commission is not to redefine itself out of the problem but to work with industry to propose and promote viable solutions to address obstacles. It would be a disservice to rural Americans to be told by the Commission that their broadband needs are being met when their reality is much different.  The Commission needs robust and granular maps that demonstrate where there is robust coverage and where communities are being ignored by broadband providers.
 
We have made great progress in broadband expansion.  In 2016, the number of Americans who had access to fixed broadband at the FCC’s benchmark speed increased from 34 million to 55 million.  However, 23 million Americans still do not have access to advanced telecommunications as defined by the FCC and many of those Americans live in rural areas.[8]   Rural broadband is essential for the viability and health of our rural communities and we believe that the Commission must continue its work on expanding access to all Americans.
 
 
Sincerely,
 
 
 
 
____________________                                                                            ____________________
Chris Van Hollen                                                                                                 Andy Harris, M.D.
United States Senator                                                                                        Member of Congress
 
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[1] 47 U.S.C. §1302(b)
[2] Inquiry Concerning Deployment of Advanced Telecommunications Capability to All Americans in a Reasonable and Timely Fashion. GN Docket No. 17-199. Adopted August 8, 2017. https://apps.fcc.gov/edocs_public/attachmatch/FCC-17-109A1.pdf
[3] FCC Seeks Comment & Information to Guide Annual Inquiry Under Sec. 706. Federal Communications Commission. August 8, 2017. https://www.fcc.gov/document/fcc-seeks-comment-information-guide-annual-inquiry-under-sec-706
[4] Smartphones help those without broadband get online, but don’t necessarily bridge the digital divide. Pew Research Center. October 3, 2016. http://www.pewresearch.org/fact-tank/2016/10/03/smartphones-help-those-without-broadband-get-online-but-dont-necessarily-bridge-the-digital-divide/
[5] The numbers behind the broadband ‘homework gap’. Pew Research Center. April 20, 2015. http://www.pewresearch.org/fact-tank/2015/04/20/the-numbers-behind-the-broadband-homework-gap/
[6] Large providers, including Kaiser Permanente and Bon Secours, push the boundaries of telemedicine. Fierce Healthcare. October 26, 2017. https://www.fiercehealthcare.com/it/umms-kaiser-permanente-bon-secours-telehealth-telemedicine
[7] Comments of Deere & Company in the Matter of ‘Inquiry Concerning Deployment of Advanced Telecommunications Capability to All Americans in a Reasonable and Timely Fashion’. Federal Communications Commission. September 21, 2017. https://ecfsapi.fcc.gov/file/109212496527376/FINAL_Deere%20Comments%20on%20Section%20706%20NOI.pdf
[8] Statement of Chairman Tom Wheeler re: Connect America Fund, WC Docket No. 10-90, ETC Annual Reports and Certifications, WC Docket No. 14-58, Developing a Unified Intercarrier Compensation Regime, CC Docket No. 01-92. https://apps.fcc.gov/edocs_public/attachmatch/FCC-16-33A2.pdf