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Law360 (September 21, 2020, 7:00 PM EDT) -- Advocacy groups are urging the Federal Communications Commission to consider the impact of the coronavirus pandemic when assessing whether broadband is being expanded to all Americans in a timely manner, even as members of industry groups argue the same data shows just how reliable U.S. networks have become.
In FCC comments filed Friday but posted Monday, Common Cause, Public Knowledge and Next Century Cities told the agency that the commission can't reasonably conclude that the U.S. enjoys adequate internet access given the service gaps that the pandemic has highlighted.
"As the coronavirus pandemic revealed, the digital divide continues to have a stranglehold on tribal lands, people of color, seniors, people with disabilities, low-income populations, and rural parts of the country," the groups wrote. "The commission must meet the enormity of this moment and scrutinize whether every American has an equal opportunity to participate in a digital society."
The comments are an early part of the FCC's so-called Section 706 Report, which annually updates Congress on whether internet service is being effectively extended to all Americans. The reports are based on carrier-submitted data collected via Form 477, which has produced notoriously inaccurate results.
When the FCC kicked off the current 2021 probe in August, its two Democratic commissioners warned against glossing over service deficiencies brought to light by the pandemic. For instance, FCC Commissioner Geoffrey Starks noted that the agency chose to continue relying on carrier-submitted data and to compare carriers' coverage progress year-over-year as the main benchmarks for its determination.
FCC Commissioner Jessica Rosenworcel similarly called for the agency to make "a clear-eyed and candid assessment" — including using updated information collection procedures and faster speed standards — but she didn't express much faith that the majority will get it right.
In the meantime, other groups are urging the FCC to instead focus on year-over-year progress that the country has seen in broadband speeds and availability.
Despite complications from social-distancing protocol and business shutdowns, free-market think tank the Free State Foundation said broadband companies continue to expand their services to customers.
"Many service providers and analysts expect that the pandemic will reduce overall investment and deployment progress in 2020 compared to pre-pandemic forecasts. Nevertheless, analyst[s] and news reports available so far identify new service technology buildouts and increasing speeds," the foundation told the FCC.
Mobile industry group CTIA pointed to data suggesting that cellular providers kept pace with increasing demands for wireless service beginning in April, forecasting a positive environment for wireless consumers in months to come.
As customers transitioned from wired office connections to home broadband and mobile networks, "U.S. wireless networks did what they were designed to do: handle dramatic shifts and increases in use with relative ease," the CTIA wrote. "America's wireless providers are not only expanding mobile broadband coverage, but also enhancing their network capabilities to meet and exceed consumer demands."
--Editing by Jay Jackson Jr.
For a reprint of this article, please contact reprints@law360.com.
