Benton Foundation

On February 1, 2019, the Benton Foundation joins a host of public interest organizations, states, and businesses that are arguing that the United States Court of Appeals for the District of Columbia Circuit should overturn the December 2017 Federal Communications Commission order that eliminated strong, enforceable net neutrality rules. An internet without net neutrality is a threat to free speech and democratic participation online. Without net neutrality protections, broadband providers are free to interfere with lawful content and services.

[This article was originally published on August 22, 2018]

Aug 20, 2018 was Opening Day for the litigation appealing the Federal Communications Commission’s December 2017 network neutrality decision. 

Earlier this month, CenturyLink and Frontier updated the Federal Communications Commission on the companies' progress deploying broadband service using support from the FCC's Universal Service Fund. In 2015, both CenturyLink and Frontier accepted Connect America Fund (CAF) Phase II support to deploy broadband service. CenturyLink was to deploy service to over one million locations in 33 states; Frontier to over 774,000 locations in twenty-nine states.

Upon reflection, it is easy to see that 2018 was a year of widening divides. Communications policy was no exception. In the midst of a partial government shutdown, we take a look at how partisan division at the Federal Communications Commission is shutting down progress towards closing the digital divide. While we expect partisan division to persist, the change in House leadership means we are likely to see more scrutiny of Chairman Pai's deregulatory agenda.

Two years ago I wrote that community broadband builders have two options for network deployment: they could use the problem-solving approach or the creation orientation approach. The problem-solving approach is typical when people deal with the government. The goal is often to make something go away.

The Federal Communications Commission’s 2018 Restoring Internet Freedom (RIF) Order reclassified broadband Internet access service from a telecommunications service to an information service, largely on the basis of an interpretation of broadband service that is fundamentally incorrect.  This reclassification gave the FCC the license not only to repeal the 2015 net neutrality rules, but to abdicate its role overseeing the broadband market.

On Dec 6, the US Census Bureau released the 2013-2017 American Community Survey (ACS) five-year estimate including data on internet subscription rates. The new data provide powerful insight into the inequity of US broadband adoption, especially among neighboring counties. But the research also re-emphasizes the necessity for more accurate broadband maps.  At Benton, our goal is to bring open, affordable, high-capacity broadband to all people in the U.S. to ensure a thriving democracy. Accurate broadband maps are one necessary step towards realizing this vision. 

Today we mark a trifecta of governmental malfeasance: last year, the FCC’s majority ignored bipartisan public support for the net neutrality protections the Commission adopted in 2015; it displayed a flawed and factually inaccurate understanding of Internet technology, and it misinterpreted U.S. communications law. Last year, Benton promised that net neutrality was not dead and predicted wins at both ballot boxes and in the courts. In November, the American public overwhelmingly backed candidates that support net neutrality.

The lack of affordable broadband access in the US has resulted in large-scale educational inequities especially in rural areas where 31 percent of Americans have no choice of broadband providers. For many years, Educational Broadband Service (EBS) licensees have been dedicated to helping solve these inequities, but a proceeding at the Federal Communications Commission is putting these services at risk. EBS licensees are accredited educational institutions (or nonprofits focused on serving the needs of accredited educational institutions).