T-Mobile, Allies Seek Mobile and Fixed Broadband Assessment, New FCC Actions

Under Section 706, if the FCC finds advanced telecom capability (i.e., broadband) isn’t being deployed to all Americans in a reasonable and timely fashion, it’s to remove barriers to deployment. The commission has used negative findings to help justify actions such as net neutrality and broadband Title II reclassification. The NOI contemplates retaining the FCC 25/3 Mbps broadband definition for terrestrial fixed services, while seeking comment on whether to include terrestrial mobile and satellite fixed services in its broadband assessment. The NOI included suggestions that mobile and fixed broadband aren't substitutes for each other (see 1508060049 and 1508100054). The FCC’s next report is due Feb. 3, Wireline Bureau Chief Matt DelNero said Wednesday.

T-Mobile said consumers rely on both mobile and fixed broadband services, and urged the FCC to consider the availability of both while using different criteria. “Unfortunately, still today certain critical input markets for mobile broadband services are not yet as competitive as they could be,” T-Mobile said. “Instead of imposing new measurements and rules for the fiercely competitive retail market, the Commission should address concerns regarding the critical input markets for mobile broadband. Improving access to spectrum, requiring fair commercial data roaming agreements, and streamlining the environmental review process for wireless infrastructure are examples of concrete steps the Commission should pursue to stimulate competition. The Commission should act to promptly dismiss frivolous and harassing claims as well.”

U.S. Cellular agreed the FCC should consider both mobile and fixed broadband in its assessment. The commission should say mobile deployment isn't being deployed fast enough, as data suggesting widespread mobile broadband deployment is unreliable and inaccurate, U.S. Cellular said. The company said the FCC should adopt a 10/1 Mbps benchmark for mobile, refrain from imposing additional performance criteria and promote mobile broadband deployment with more USF support. The Competitive Carriers Association, which in initial comments said mobile wasn’t being deployed fast enough, backed “reasonable and realistic” mobile broadband benchmarks “that account for the evolving nature of mobile technology.”

Public Knowledge said the FCC shouldn’t accept Bell mobile deployment claims at face value -- akin to "letting the fox evaluate the state of the henhouse” -- but should insist on collecting and analyzing detailed data. “The United States, despite having the widest 4G LTE deployment of any nation, nonetheless has one of the slowest LTE networks on record,” the group said. Consumers use mobile and wireline broadband for different functions, and AT&T acknowledges mobile networks have technical limitations, which undermines its Section 706 arguments, Public Knowledge said. “We can only assume that they would prefer a world without standards, in which each network is a special snowflake, and determinations of advanced telecommunications capability are awarded as gold stars for effort,” Public Knowledge said.

PCIA said mobile broadband is being deployed in reasonable and timely fashion. “Mobile broadband continues to grow and expand at rapid rates in the absence of any further regulation by the Commission,” the group said. But the FCC shouldn’t require availability to both mobile and fixed broadband to find broadband is being rolled out fast enough, it said. The agency also shouldn't set a mobile broadband speed benchmark or set latency and other criteria as suggested in the NOI, but should focus on removing barriers to infrastructure deployment, PCIA said.

Adtran and the Wireless Internet Service Providers Association opposed the suggestions of the Fiber to the Home Council Americas that the Section 706 determination be focused on fiber-to-the-home deployment. While fiber has clear benefits, such an “overly simplistic assessment would ignore the fact that many other technologies are capable of providing ‘advanced services,’” Adtran said. The FTTH Council’s fiber-specific approach would contravene the Section 706 mandate for a technology-neutrality assessment, WISPA said.

Comptel urged the FCC to focus on “pro-competitive policies” that encourage deployment, such as addressing “unreasonable rates, terms and conditions in the special access market, including anticompetitive lock-up agreements that have the deleterious effect of deterring competitive networks deployment.” Comptel also urged the FCC to ensure video providers have affordable programming access and to promote retail set-top device competition.

ViaSat said satellite services should be included in the FCC broadband assessment, and disputed rural telco suggestions that satellite broadband shouldn't be deemed “advanced” telecom service because geostationary satellite services can’t meet a 100 millisecond latency benchmark. “This position is entirely unsupported,” ViaSat said: “Indeed, the Rural Associations fail to provide any explanation of why relatively high levels of latency are at all significant in evaluating the capabilities or service quality available” to broadband consumers.