As part of the recently released, National Broadband Plan, the Federal Communications Commission has announced its 2010 Broadband Action Agenda. The agenda focuses on four key goals including, 1) promoting mobile broadband infrastructure, 2) accelerating universal broadband access, 3) fostering competition and maximizing consumer benefits, and, 4) advancing public safety communications networks.
Of course, some are now questioing the actual ability of the FCC to impact broadband regulation in light of a recent decision rendered by the U.S. Court of Appeals DC circuit striking down the commission's enforcement action against Comcast for discriminating among internet access by limiting the volume of upload/download for some custormers. While the ruling concluded the FCC has jurisdiction over broadband services, the ruling also found that it has no explicit statutory authority to regulate those services in the way it has been.
Given the decision, the FCC can choose to reclassify broadband services as "telecommunication services" or Congress can choose to enter the debate and restructure the Communications Act. Either way, you can bet teleco lobbyists will be hard at work to protect their own interests in this matter. The League will be working with our national partners to ensure local governments and their residents are protected as well.
Arnold Weinfeld covers federal issues for the Michigan Municpal League. He can be reached at 517-908-0304 or by e-mail.
0d330496-8030-4450-aa08-5132adb28b4d|1|4.0
