Bennet & Bennet, PLLC

Posts Tagged ‘NBP

White House Touts Broadband Plans of Newly Created Rural Council

Posted on August 15, 2011

The White House Rural Council, formed by President Barack Obama on June 9, 2011, has released a new report entitled Jobs and Economic Security for Rural America.  Secretary of Agriculture Tom Vilsack, who chairs the Rural Council, says the group’s primary goals are to create jobs and economic opportunities through increased access to credit, improve access to health care and education, expand conservation efforts and promote innovation through renewable energy and broadband expansion.  The Rural Council’s twenty-eight page report focuses on five specific topics important to rural Americans:  (1) creating jobs and promoting economic growth; (2) improving access to quality health care and education; (3) supporting veterans and military families; (4) expanding outdoor opportunities; and (5) fostering innovation.  According to the Rural Council’s report, the White House claims to have helped expand broadband access to over 7 million rural Americans, including more than 350,000 rural businesses.  By expanding rural broadband, the White House hopes to lower costs for businesses and bring back jobs to rural communities.  A full copy of the report can be found on the White House’s website.

FCC Issues Net Transparency guidance

Posted on July 6, 2011

The FCC’s Office of General Counsel and  Enforcement Bureau have issued a public notice providing advisory guidance for compliance with the transparency and disclosure requirements of the Commission’s Open Internet Order.  The Bureau’s public notice seeks to provide clarification and guidance to both fixed and mobile broadband service providers regarding their consumer and third party disclosure obligations once they become effective.  The public notice covers point of sale disclosures, service descriptions and characteristics, scope of disclosure, obligations to edge providers, and security measures.

NTIA to Consider Repurposing 1755-1850 MHz Band for Commercial Use

Posted on February 2, 2011

As part of the Obama administration’s efforts to recapture 500 megahertz of spectrum over the next 10 years for wireless broadband, the National Telecommunications and Information Administration (NTIA) has announced its consideration of 1.7 GHz spectrum for possible commercial reallocation.  The band, located at 1755-1850 MHz, has been fast tracked for evaluation because of strong industry interest as a potential pair for the 2155-2180 MHz (AWS-3) band and because it is already internationally harmonized and advantageously propagated for mobile operations.  However, reallocation of this band would prove challenging.  NTIA has previously noted that Federal use of the 1755-1850 MHz band, which is currently used by the Department of Defense and other Federal agencies for satellite, surveillance, aeronautical operations, fixed microwave and other operations, has intensified over the last several years.  NTIA’s analysis of the band is expected to be completed by September 30, 2011.

FCC Adopts Controversial Net Neutrality Order

Posted on December 21, 2010

In a 3-2 vote along party lines, the FCC has adopted an order reimposing net neutrality rules to replace those that were struck down by a federal appeals court earlier this year in the  Comcast decision.  The FCC’s action is likely to be subject to an immediate court challenge in light of the court’s finding in the earlier case that the FCC exceeded its statutory authority in attempting to enforce net neutrality requirements upon Comcast. The FCC’s action represents what it characterizes as an attempt to preserve an open Internet and the Commission claims that the rules adopted today will establish clear rules of the road that will encourage broadband investment and innovation while protecting consumers and competitors.

The new rules cover both fixed and mobile broadband services, although a more measured approach is adopted for mobile broadband due to its relative infancy and rapidly evolving technology. The rules seek to advance 3 major policies to protect consumers and competitors: (1) transparency; (2) no blocking; and (3) no unreasonable discrimination.

All broadband providers (fixed and mobile) will be required to publicly disclose their network management practices, network performance characteristics and commercial terms of service. Fixed broadband providers may not block the lawful content, applications, or services selected by the user nor prevent the user from connecting non-harmful devices to the network. Mobile broadband providers are prohibited from blocking access to lawful web sites or competing applications desired by the user. Finally, fixed broadband providers must not unreasonably discriminate among providers of lawful Internet traffic. While paid prioritization of service is not per se prohibited by the FCC’s Order, Staff members expressed the view that such priorization would likely violate the prohibition against unreasonable discrimination in most instances.

The Order establishes both formal and informal complaint procedures that will provide both unsophisticated users and savvy competitors with the means to obtain FCC review of practices that are alleged to be unreasonable or discriminatory.