Overcoming Comcast and Paving the Way for Universal Service Reform

Last week, the Senate Commerce Committee held a hearing focused on the important task of modernizing the Universal Service Fund. During statements and questioning many senators and FCC Commissioners raised concern about the Federal Communications Commission's current authority over broadband and what that lack of authority may mean for improvements to the Universal Service Fund. On June 17th 2010, the FCC opened a proceeding seeking public input on the hotly-debated "Third Way" proposal to regulate high-speed Internet connections, broadband, as a telecommunications service. The proceeding, called a Notice of Inquiry (NOI), directly addresses the recent court decision in Comcast v. FCC that called into question the FCC's legal rationale and ability to enforce a significant number of its Internet-related rules. As a consequence, the FCC's ability to implement the National Broadband Plan and Universal Service reform is now in the balance.