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Sec. 706 Reports

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11th 706 Report

BROADBAND PROGRESS REPORT: SIGNIFICANT IMPROVEMENTS BUT DIGITAL DIVIDE PERSISTS.  News Release. Adopted:  01/28/2016. News Media WCB IB WTB  https://apps.fcc.gov/edocs_public/attachmatch/DOC-337471A1.docx
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INQUIRY CONCERNING THE DEPLOYMENT OF ADVANCED TELECOMMUNICATIONS CAPABILITY TO ALL AMERICANS IN A REASONABLE AND TIMELY FASHION, AND POSSIBLE STEPS TO ACCELERATE SUCH DEPLOYMENT PURSUANT TO SECTION 706 OF THE TELECOMMUNICATIONS ACT OF 1996, AS AMENDED.   Pursuant to Section 706 of the Telecommunications Act of 1996, finds that advanced telecommunications capability is not being deployed to all Americans in a reasonable and timely fashion. (Dkt No.  15-191 ). Action by:  the Commission. Adopted:  01/28/2016 by REPORT. (FCC No. 16-6).  WCB WTB https://apps.fcc.gov/edocs_public/attachmatch/FCC-16-6A1.docx
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CITATION: Inquiry Concerning the Deployment of Advanced Telecommunications Capability to All Americans in a Reasonable and Timely Fashion, and Possible Steps to Accelerate Such Deployment Pursuant to Section 706 of the Telecommunications Act of 1996, as Amended by the Broadband Data Improvement Act, GN Docket No. 15-191, 2016 Broadband Progress Report paras. 24, 35 (2016)

ELEVENTH BROADBAND PROGRESS NOTICE OF INQUIRY - INQUIRY CONCERNING THE DEPLOYMENT OF ADVANCED TELECOMMUNICATIONS CAPABILITY TO ALL AMERICANS ET AL. Initiated next annual assessment of "availability of advanced telecommunications capability to all Americans (including, in particular, elementary and secondary schools and classrooms)" by requesting comment on current state of deployment and availability. (Dkt No. 15-191 ). Action by: the Commission. Comments Due: 09/08/2015. Reply Comments Due: 09/23/2015. Adopted: 08/06/2015 by NOI. (FCC No. 15-101). WCB https://apps.fcc.gov/edocs_public/attachmatch/FCC-15-101A1.doc https://apps.fcc.gov/edocs_public/attachmatch/FCC-15-101A2.docx https://apps.fcc.gov/edocs_public/attachmatch/FCC-15-101A3.docx https://apps.fcc.gov/edocs_public/attachmatch/FCC-15-101A4.docx https://apps.fcc.gov/edocs_public/attachmatch/FCC-15-101A5.docx https://apps.fcc.gov/edocs_public/attachmatch/FCC-15-101A6.docx https://apps.fcc.gov/edocs_public/attachmatch/FCC-15-101A1.pdf https://apps.fcc.gov/edocs_public/attachmatch/FCC-15-101A2.pdf https://apps.fcc.gov/edocs_public/attachmatch/FCC-15-101A3.pdf https://apps.fcc.gov/edocs_public/attachmatch/FCC-15-101A4.pdf https://apps.fcc.gov/edocs_public/attachmatch/FCC-15-101A5.pdf https://apps.fcc.gov/edocs_public/attachmatch/FCC-15-101A6.pdf

10th 706 Report

Inquiry Concerning the Deployment of Advanced Telecommunications Capability to All Americans in a Reasonable and Timely Fashion, and Possible Steps to Accelerate Such Deployment Pursuant to Section 706 of the Telecommunications Act of 1996, as Amended by the Broadband Data Improvement Act, GN Docket No. 14-126, 2015 Broadband Progress Report and Notice of Inquiry on Immediate Action to Accelerate Deployment, 30 FCC Rcd 1375, (2015) (2015 Broadband Progress Report)  

"In the 2015 Broadband Progress Report, for example, we pointed to several developments that, when taken together, compelled the Commission to reevaluate the then- existing 4 Mbps/1 Mbps speed benchmark, which had been in place since 2010, in favor of a 25 Mbps/3 Mbps standard.39 In reaching this finding, the Commission relied in particular on the expanding demand for online video services,40 increasing simultaneous usage of multiple devices in a single household,41 and growing adoption of 25 Mbps/3 Mbps services by consumers in areas where such services were available, among other trends." [11th 706 Report para 14 2016]

FCC FINDS U.S. BROADBAND DEPLOYMENT NOT KEEPING PACE.   Issued 2015 report on the Commission's inquiry regarding the availability of "advanced telecommunications capability" to all Americans, and accompanying Notice of Inquiry on Immediate Action to Accelerate Deployment. (Dkt No.  14-126 ). Action by:  the Commission. Comments Due:  03/06/2015. Reply Comments Due:  04/06/2015. Adopted:  01/29/2015 by REPORT. (FCC No. 15-10).  WCB  https://apps.fcc.gov/edocs_public/attachmatch/FCC-15-10A1.docx
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BROADBAND AVAILABILITY IN AMERICA; WITH RURAL AMERICANS LOOKING FOR HIGH-SPEED SERVICES, ADEQUATE BROADBAND SPEEDS REMAIN OUT OF REACH FOR MANY. Action by:  Wireline Competition Bureau by REPORT.  WCB  https://apps.fcc.gov/edocs_public/attachmatch/DOC-331734A1.docx
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FCC FINDS U.S. BROADBAND DEPLOYMENT NOT KEEPING PACE.   Updates Broadband Speed Benchmark to 25 Mbps/3 Mbps to Reflect Consumer Demand, Advances in Technology.  News Release. Adopted:  01/29/2015.  WCB  https://apps.fcc.gov/edocs_public/attachmatch/DOC-331760A1.docx
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RFC TENTH INQUIRY CONCERNING THE DEPLOYMENT OF ADVANCED TELECOMMUNICATIONS CAPABILITY TO ALL AMERICANS IN A REASONABLE AND TIMELY FASHION, AND POSSIBLE STEPS TO ACCELERATE SUCH DEPLOYMENT PURSUANT TO SECTION 706 OF THE TELECOMMUNICATIONS ACT OF 1996.   Initiated the Commission's assessment of whether advanced telecommunications capability is being deployed to all Americans in a reasonable and timely fashion, and solicited data and information that will help the Commission make this determination. (Dkt No.  14-126 ). Action by:  the Commission. Comments Due:  09/04/2014. Reply Comments Due:  09/19/2014. Adopted:  08/01/2014 by NOI. (FCC No. 14-113).  WCB  https://apps.fcc.gov/edocs_public/attachmatch/FCC-14-113A1.docx
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9th 706 Report

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8th 706 Report

7th Sec. 706 Report

6th Sec. 706 Report

INQUIRY CONCERNING THE DEPLOYMENT OF ADVANCED TELECOMMUNICATIONS CAPABILITY TO ALL AMERICANS IN A REASONABLE AND TIMELY FASHION, AND POSSIBLE STEPS TO ACCELERATE SUCH DEPLOYMENT PURSUANT TO SECTION 706 OF THE TELECOMMUNICATIONS ACT OF 1996. Seek comment on whether broadband is being deployed to all Americans in a reasonable and timely fashion. (Dkt No. 09-137 09-51 ). Action by: the Commission. . Adopted: 07/31/2009 by NOI. (FCC No. 09-65). WCB 1 PDF WORD TXT 2 PDF TXT 3 PDF TXT 4 PDF TXT

"In each of the reports the Commission has conducted under section 706, it has relied on a speed benchmark for determining whether a service satisfies this statutory definition. In the 2010 Sixth Broadband Progress Report , the Commission updated this speed benchmark from 200 kbps in both directions to services that offer actual download (i.e., to the customer) speeds of at least 4 Mbps and actual upload (i.e., from the customer) speeds of at least 1 Mbps (4 Mbps/1 Mbps, or “speed benchmark”). "

"In July 2010, however, the Commission concluded that “broadband deployment to all Americans is not reasonable and timely.” Sixth Broadband Deployment Report, 25 F.C.C.R. at 9558 ¶ 2. This conclusion, the Commission recognized, represented a deviation from its five prior assessments. Id. at 9558 ¶ 2 & n.8. According to the Commission, the change was driven by its decision to raise the minimum speed threshold qualifying as broadband. Id. at 9558 ¶ 4.

"In the Sixth Broadband Deployment Report, the Commission decided that day had finally arrived. The Commission explained that consumers now regularly use their Internet connections to access high-quality video and expect to be able at the same time to check their email and browse the web. Sixth Broadband Deployment Report, 25 F.C.C.R. at 9562–64 ¶¶ 10–11. Two hundred kbps, the Commission determined, “simply is not enough bandwidth” to permit such uses. Id. at 9562 ¶ 10. The Commission thus adopted a new threshold more appropriate to current consumer behavior and expectations: four megabytes per second (mbps) for end users to download content from the Internet—twenty times as fast as the prior threshold—and one mbps for end users to upload content. Id. at 9563 ¶ 11.

"Applying this new benchmark, the Commission found that “roughly 80 million American adults do not subscribe to broadband at home, and approximately 14 to 24 million Americans do not have access to broadband today.” Sixth Broadband Deployment Report, 25 F.C.C.R. at 9574 ¶ 28. Given these figures and the “ever-growing importance of broadband to our society,” the Commission was unable to find “that broadband is being reasonably and timely deployed” within the meaning of section 706(b). Id. This conclusion, it explained, triggered section 706(b)’s mandate that the Commission “take immediate action to accelerate deployment.” Id. at 9558 ¶ 3 (quoting 47 U.S.C. § 1302(b)) (internal quotation marks omitted)." - Verizon v. FCC, No. 11-1355, Slip at 27 (D.C. Cir. Jan. 14, 2014)  

The FCC also inquired about how to improve the data gathering process for the International Broadband Data Report.

7/20/10 FCC Finds 14 to 24 Million Americans Lack Access to Broadband.
News Release: Word | Acrobat Report: Acrobat
Genachowski Statement: Word | Acrobat
Copps Statement: Word | Acrobat
McDowell Statement: Word | Acrobat
Clyburn Statement: Word | Acrobat
Baker Statement: Word | Acrobat

  • The New Section 706 Report - What Is Its Purpose?, Verizon 7/30/2010
  • FCC Denies Broadband To Millions, CommLawBlog 7/28/2010
  • FCC: 14-24 Million Without Broadband - Agency finally takes off their rose-colored glasses., dslreports 7/21/2010
  • FCC: Broadband Deployment Not Fast Enough in US, 14-24 Million Lacking Access, Circleid 7/21/2010
  • FCC finds broadband deployment disappointing, Muni 7/21/2010
  • FCC Report on Broadband is Misleading, USTelecom 7/21/2010
  • FCC Finds 14 to 24 Million Americans Lack Access to Broadband., FCC 7/21/2010
  • Check Out the FCC's Useless Broadband Competition Map, Gigaom 2/16/2010

    • Fifth Sec. 706 Notice of Inquiry FNPRM Docket: 07-45

    In this Report and Order (Order) and Further Notice of Proposed Rulemaking (Further Notice), we amend the FCC Form 477 data collection in several respects to collect additional data on broadband service subscriptions. These changes will greatly improve the ability of the Commission to understand the extent of broadband deployment, and will enable the Commission to continue to develop and maintain appropriate broadband policies, in particular to carry out its obligation under section 706 of the Telecommunications Act of 1996 to "determine whether advanced telecommunications capability is being deployed to all Americans in a reasonable and timely fashion."

    To increase the precision and utility of our collected data, we revise our current methods and procedures for collecting information on broadband services. We modify Form 477 to require broadband providers to report the number of broadband connections in service in individual Census Tracts. In order to generate an even more complete picture of broadband adoption in the United States, we propose additional methods to add to the data reported by Form 477 filers, including a voluntary household self-reporting system, and a recommendation to the Census Bureau that the American Community Survey questionnaire be modified to gather information about broadband availability and subscription in households.

    To further improve the quality of collected data, we adopt three additional changes to FCC Form 477. First, we require providers to report broadband service speed data in conjunction with subscriber counts according to new categories for download and upload speeds. These new speed tiers will better identify services that support advanced applications. Second, we amend reporting requirements for mobile wireless broadband providers to require them to report the number of subscribers whose data plans allow them to browse the Internet and access the Internet content of their choice. Finally, we require providers of interconnected Voice over Internet Protocol (interconnected VoIP) service to report subscribership information on Form 477.

    Additionally, in a Further Notice of Proposed Rulemaking, we seek comment on developing a nationwide broadband availability mapping program. We also seek comment on ways in which we might effectively capture information about actual, delivered speeds of broadband Internet access services, and about prices of broadband services. In addition, we seek comment on whether to require Form 477 filers to report the number of voice telephone service connections either at the ZIP Code level or on the basis of another geographic unit. Finally, we seek comment on methodologies for consumer broadband surveys, and on methods for preserving confidentiality when sharing the information collected on Form 477.

    Development of Nationwide Broadband Data to Evaluate Reasonable and Timely Deployment of Advanced Services to All, Fed Reg 7/3/2008

    Released:  09/03/2008.  PLEADING CYCLE ESTABLISHED FOR COMMENTS ON PETITION FOR RECONSIDERATION OF THE COMMISSION'S FIFTH 706 REPORT. (DA No.  08-2035). (Dkt No 07-45). Comments Due:  09/17/2008. Reply Comments Due:  09/24/2008.  WCB. Contact: pdf Word TXT

    INQUIRY CONCERNING THE DEPLOYMENT OF ADVANCED TELECOMMUNICATIONS CAPABILITY TO ALL AMERICANS IN A REASONABLE AND TIMELY FASHION, AND POSSIBLE STEPS TO ACCELERATE SUCH DEPLOYMENT PURSUANT TO SECTION 706 OF THE 1996 ACT.   FCC Expands, Improves Broadband Data Collection . by 5th REPORT. (Dkt No.  07-45). Action by:  the Commission. Adopted: 03/19/2008 by REPORT. (FCC No. 08-88).  WCB
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    4/16/07 Broadband Deployment Notice of Inquiry (FCC 07-21). NOI: Word | Acrobat
    Martin Statement: Word | Acrobat
    Copps Statement: Word | Acrobat
    Adelstein Statement: Word | Acrobat
    Tate Statement: Word | Acrobat
    McDowell Statement: Word | Acrobat

    Fifth 706 News

  • The FCC Can't Handle the Truth, Save the Internet 9/10/2008
  • CWA Blog Claims Credit for FCC Data Order, But Ignores Local Company Data, Tech Liberation Front 6/24/2008
  • FCC improves broadband data collection, Muni 6/16/2008
  • FCC Releases Broadband Data Order For Census-Tract Data, Tech Liberation Front 6/16/2008

    • Fourth Sec. 706 Notice of Inquiry WC 04-54

    Press Release

    Derived From: Broadband Internet Regulation and Access: Backbround Issues, CRS Report for Congress, Nov. 21, 2008 (copy acquired through wikileaks)

    "On September 9, 2004, the FCC adopted and released its Fourth Report pursuant to Section 706. Like the previous three reports, the FCC concluded that “the overall goal of section 706 is being met, and that advanced telecommunications capability is indeed being deployed on a reasonable and timely basis to all Americans.”16 While the FCC is currently implementing or actively considering some regulatory activities related to broadband,17 no major regulatory intervention pursuant to Section 706 of the Telecommunications Act of 1996 has been deemed necessary by the FCC at this time.

    "The FCC noted the future promise of emerging multiple advanced broadband networks which can complement one another:

    For example, in urban and suburban areas, wireless broadband services may “fill in the gaps” in wireline broadband coverage, while wireless and satellite services may bring high-speed broadband to remote areas where wireline deployment may be costly. Having multiple advanced networks will also promote competition in price, features, and quality-of-service among broadband-access providers.18

    "Two FCC Commissioners (Michael Copps and Jonathan Adelstein) dissented from the Fourth Report conclusion that broadband deployment is reasonable and timely. They argued that the relatively poor world ranking of United States broadband penetration indicates that deployment is insufficient, that the FCC’s continuing definition of broadband as 200 kilobits per second is outdated and is not comparable to the much higher speeds available to consumers in other countries, and that the use of zip code data (measuring the presence of at least one broadband subscriber within a zip code area) does not sufficiently characterize the availability of broadband across geographic areas.

    "The Government Accountability Office (GAO) has also cited concerns about the FCC’s zip code level data. Of particular concern is that the FCC will report broadband service in a zip code even if a company reports service to only one subscriber, which in turn can lead to some observers overstating of broadband deployment. According to GAO, “the data may not provide a highly accurate depiction of local deployment of broadband infrastructures for residential service, especially in rural areas.”20

    "On March 19, 2008, the FCC adopted an Order that substantially expands its broadband data collection capability. Specifically, the Order expands the number of broadband reporting speed tiers to capture more information about upload and download speeds offered in the marketplace, requires broadband providers to report numbers of broadband subscribers by census tract, and improves the accuracy of information collected on mobile wireless broadband deployment. Additionally, in a Further Notice of Proposed Rulemaking, the FCC is seeking comment on broadband service pricing and availability.21

  • FCC Fourth Sec. 706 Report (Sept. 2004)
  • In terms of absolute numbers of broadband subscribers, the U.S. leads the world. In terms of residential broadband penetration (number of subscribers per 100 people), however, the ITU’s 2003 Birth of Broadband Report ranked the U.S. eleventh in 2002 [p.41]

    • 4th 706 Report, FCC 9/10/2004

  • New Figures Show Broadband Deployment Accelerating in the U.S., FCC 9/10/2004
  • FCC Reminds Public of Requirements Regarding Internet Relay Service and Issues Alert, Fed Reg 7/9/2004
  • Released: 06/18/2004. FCC REMINDS PUBLIC OF REQUIREMENTS REGARDING INTERNET RELAY SERVICE AND ISSUES ALERT. (DA No. 04-1738). CGB. Contact: Dana Jackson at 2247, email: Dana.Jackson, 7898, FCC 6/21/2004
  • Notice of Inquiry March 2004 
  • 706 NOI, Fed Reg 4/16/2004
  • Press Release
  • FCC Begins Inquiries on Broadband Data and Broadband Deployment., FCC 4/18/2007
  • Broadband Deployment Notice of Inquiry, FCC 4/18/2007
  • FCC Launches Inquiry into Broadband Market Practices., FCC 4/18/2007
  • FCC Realizes You Need Sound Data To Make Decisions - New notices will examine FCC data, broadband penetration, Broadband Reports 4/18/2007
  • FCC to Investigate Broadband Deployment, eWeek 4/18/2007
  • America Has Absolutely No Idea If Citizens Have Broadband, Broadband Reports 3/21/2007
  • FCC Insists Broadband Deployment Improving, Reuters 9/10/2004
  • FCC to Assess Whether Broadband Networks Are Being Made Available to All Americans., FCC 3/11/2004
  • FCC broadens broadband study, FCW 4/14/2004
  • TIA launches electronic report on State and Local Rights-of-Way to assist rights-of-way stakeholders and to promote broadband deployment in the U.S., NTIA 6/6/03

    • 3rd Sec. 706 Notice of Inquiry

    FCC Press Release: 

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