Andrew Jay Schwartzman

Andrew C. Barrett, Rachelle B. Chong, Ervin S. Duggan, Mark S. Fowler, Dennis R. Patrick, Alfred C. Sikes, Thomas E. Wheeler, Christopher J. Wright, Kathryn C. Brown, Jerald N. Fritz, Peter Pitsch (the petitioners) request that the Federal Communications Commission repeal the news distortion policy in full. In Moody v. NetChoice, LLC, the Supreme Court, applying the First Amendment, reaffirmed that the government has no role in “un-biasing” the media.

Chairman Carr’s moves today are very unfortunate as they further signal that the Commission is no longer prioritizing closing the digital divide. In the 21st Century, education doesn’t stop when a student leaves school and today’s actions could lead to many students having a tougher time completing homework assignments because their families lack internet access. The Wi-Fi on school buses is particularly helpful for students in rural areas that face long, daily commutes.

The Benton Institute for Broadband & Society and its public interest allies have reason to celebrate an unambiguous victory at the U.S. Supreme Court. On July 27, in FCC v. Consumers Research, Justice Elena Kagan, joined by five colleagues, decisively rejected arguments that the Universal Service Fund (USF) established under the Communications Act is an unconstitutional delegation of Congressional authority to the Federal Communications Commission (FCC).

The Federal Communications Commission (FCC) has a unique opportunity today to help close the digital divide by authorizing high-powered two-way fixed wireless service in the 12.2-12.7 GHz band (the lower 12 GHz band). This will bring more upper mid-band spectrum to the market for high-powered, two-way fixed wireless service.

This decision upholds an important tool for broadband deployment as well as an important principle. Low-income Americans need broadband just as much as all other consumers. Broadband gives all of us access to education, healthcare, government services, employment opportunities, and the information necessary to participate in civic discourse and to vote wisely. Today’s decision holds that FCC regulations do not interfere with the states’ ability to ensure that their residents have affordable access.

By restoring broadband as subject to the Commission's authority under Title II of the Communications Act, the FCC will assure that a handful of powerful telecommunications companies will not favor themselves and their business partners over consumers, non-profits and small businesses who also seek to speak and to receive information over the internet. However, this is about much more than blocking and throttling; it is also about public safety, national security and privacy.

"The USF is a critical tool to provide, among other things, Lifeline internet and voice service to low-income Americans, and reduced-rate internet access to schools, libraries and healthcare providers. Today's opinion underscores the importance—and the validity—of the Congressionally-mandated USF program.

Today’s NTIA filing underscores how many government-wide initiatives will be affected by the FCC’s implementation of the digital discrimination mandates in the bipartisan Infrastructure Investment and Jobs Act. The Benton Institute for Broadband & Society shares NTIA’s belief that robust rules that can address the disparate impact of broadband deployment and service offerings will serve the needs of all Americans.

The reconfirmation of Commissioners Starks and Carr will allow the FCC to get down to business without worrying about possible disruptions. Commissioner Starks has provided stalwart support for media diversity and rapid broadband deployment, especially to those people and places that too many others have neglected. Benton does not always agree with Commissioner Carr, but in a time of deep partisan division, we do very much appreciate his collaboration on many issues, especially on spectrum matters.

Coming from one of the more conservative courts in the country, this decision is a ringing ratification of the system Congress established to ensure that all Americans have affordable access to telecommunications service and advanced services like broadband. This should not come as a surprise, but once the USF was subjected to a legal challenge, the Benton Institute for Broadband & Society joined with public allies to defend this critical mechanism for ensuring universal broadband.