The Federal Communications Commission (FCC) is reinterpreting a key law to consider relaxing constraints on telecoms giants.
Republican Chair Ajit Pai this week invoked Section 706 of the Telecommunications Act to argue that smartphones alone could help broadband providers meet statutory requirements on access and deployment.
“We propose to incorporate both fixed and mobile advanced telecommunications services into our Section 706 inquiry,” agency filings said on Tuesday, in a notice of inquiry. The FCC will accept comments on the proposal for two weeks starting on September 7.
Democratic Commissioner Mignon Clyburn criticized the inquiry, describing mobile and home broadband as “complements, not substitutes.”
“Consumers who are mobile only often find themselves in such a position, not by choice but because they cannot afford a fixed connection,” she said.
According to research cited by the Republican majority, 73 percent of Americans subscribe to fixed broadband, while only “13 percent of Americans across all demographic groups are relying solely on smartphones for home internet access.”
Section 706 of the 1996 Telecommunications Act requires the FCC to ensure that “advanced telecommunications capability is being deployed to all Americans in a reasonable and timely fashion.”
The move to reclassify mobile internet access comes amid agency efforts to reinterpret Section 706 rules on competition.
The Commission in April said that only one broadband provider in a service area satisfies antitrust requirements under the law. The declaration could grant telecoms monopolists the authority to charge higher rates to businesses.
Earlier this week, a federal judge refused to enjoin the new interpretation while a lawsuit challenging it is ongoing.
Chairman Pai celebrated the decision by declaring victory despite the unresolved litigation.
“The court’s decision to let our modernization of our business data services rules take effect is an important — though unsurprising — affirmation that the Commission thoroughly analyzed our massive data collection to establish a robust, forward-looking competitive framework,” he said on Tuesday.
In the waning years of the Obama administration, the FCC invoked Section 706 of the Clinton-era law to nullify state laws restricting municipal broadband — high-speed internet access offered by local governments in under-served areas.
In August 2016, a federal appellate court ruled that the agency overstepped its legal authorities by issuing the order.
We’re not backing down in the face of Trump’s threats.
As Donald Trump is inaugurated a second time, independent media organizations are faced with urgent mandates: Tell the truth more loudly than ever before. Do that work even as our standard modes of distribution (such as social media platforms) are being manipulated and curtailed by forces of fascist repression and ruthless capitalism. Do that work even as journalism and journalists face targeted attacks, including from the government itself. And do that work in community, never forgetting that we’re not shouting into a faceless void – we’re reaching out to real people amid a life-threatening political climate.
Our task is formidable, and it requires us to ground ourselves in our principles, remind ourselves of our utility, dig in and commit.
As a dizzying number of corporate news organizations – either through need or greed – rush to implement new ways to further monetize their content, and others acquiesce to Trump’s wishes, now is a time for movement media-makers to double down on community-first models.
At Truthout, we are reaffirming our commitments on this front: We won’t run ads or have a paywall because we believe that everyone should have access to information, and that access should exist without barriers and free of distractions from craven corporate interests. We recognize the implications for democracy when information-seekers click a link only to find the article trapped behind a paywall or buried on a page with dozens of invasive ads. The laws of capitalism dictate an unending increase in monetization, and much of the media simply follows those laws. Truthout and many of our peers are dedicating ourselves to following other paths – a commitment which feels vital in a moment when corporations are evermore overtly embedded in government.
Over 80 percent of Truthout‘s funding comes from small individual donations from our community of readers, and the remaining 20 percent comes from a handful of social justice-oriented foundations. Over a third of our total budget is supported by recurring monthly donors, many of whom give because they want to help us keep Truthout barrier-free for everyone.
You can help by giving today. Whether you can make a small monthly donation or a larger gift, Truthout only works with your support.