The widespread deployment of high-speed broadband across America has been a pillar of our economy, touching the lives of every American and bringing countless benefits along the way. Increased broadband deployment is a shared national prerogative that relies on a national framework to succeed. It is critical that this immensely successful framework be continued.
Since 1996, cable and telecom companies have invested over $1.6 trillion in broadband technology and infrastructure, bringing the magic of high-speed data signals to nearly every corner of our nation. For Americans to continue to realize the enormous benefits of broadband, however, the regulations which define our digital culture must be clarified so that rogue actors don’t pull the plug on progress.
Recent court rulings have created some confusion regarding certain aspects of broadband regulations, specifically what fees and requirements localities can impose for broadband access to their public right-of-way properties. This was originally established in the 1984 Cable Act, as amended in 1992, which allowed cable operators access to construct and operate their systems on public land, and limited localities’ ability to impose their own set of fees and mandates which would deter the deployment of cable across the country.
This framework was tremendously successful, by creating an even playing field and stable regulatory environment across the nation, the cable and telecom industry responded with a deluge of investment in technology, infrastructure and new services. But recent court rulings have created uncertainty that threatens this record of success.It is crucial that the framework that has worked so well be strengthened once again to protect America’s digital future.
To address the matter, the FCC is working diligently to clarify and reaffirm the regulations that oversee and protect the treasure of America’s broadband sector valued by hundreds of millions of consumers. On September 26th the commission will vote on a Second Further Notice of Proposed Rulemaking, to reaffirm its prior decision on the intent of the Cable Act that localities may not muck up the works by injecting their own set of duplicative franchise and fee requirements on non-cable services offered by franchised cable operators, or on the equipment necessary to delivery these services.
This is an absolutely vital step for America to protect its future in broadband, and to keep investment for newer technologies and greater deployment flowing strongly.
The FCC should further anticipate and prevent any future plans by localities who may get inventive and look for new ways to shakedown the cable industry for higher fees, which would only serve to slow down investment and broadband deployment, and raise costs on consumers. The FCC should reaffirm that localities have limited authority under the Cable Act to regulate operators acting within their municipalities. New impediments run contrary both to the intent of the Cable Act and the Internet Tax Freedom Act, and the FCC should make absolutely clear that America’s broadband future will not be undermined or deterred by a small handful acting in their own self-interest, and against the best interests of American consumers.
