MINNEAPOLIS, MINN. (April 24, 2020) - The Federal Communications Commission has concluded that broadband is being deployed “on a reasonable and timely basis” across America.

The FCC has admitted on many occasions that it does not know who has broadband or where it is available. Congress has told the FCC to fix its failed data collection. States have had to develop their own approaches because they cannot rely on the FCC’s deployment data. Georgia found that the FCC massively overestimates rural broadband availability.

In relation to the data collection used to justify its conclusion, FCC Commissioners have said the following things:

Chairman Pai: “It’s often said that you can’t manage what you can’t measure.”

https://www.fcc.gov/news-events/blog/2017/07/13/bridging-digital-divide

Commissioner O’Rielly: “I appreciate the hard work that went into this item to fix the Commission’s broken mapping process.”

https://www.fcc.gov/document/fcc-improves-broadband-mapping-0/orielly-st...

Commissioner Carr: “The FCC created the form almost 20 years ago to assess local voice competition and collect data on advanced telecommunications. Back then, less than half of Americans had Internet access at home, and almost all of those were on dial-up. Yet today, we’re still using substantially the same form to assess the deployment of networks that weren’t imagined at the time of the FCC’s 2000 Data Collection Order.”

https://docs.fcc.gov/public/attachments/DOC-358832A4.pdf

The following comments can be attributed to Christopher Mitchell, Director of the Community Broadband Networks Initiative at the Institute for Local Self-Reliance.

The FCC does not know how many Americans can access broadband. It has failed at one of its most basic tasks....

Katie Kienbaum, Research Associate at ILSR, wrote an op-ed that the Orlando Sentinel published on March 5, 2020. Katie wrote about how lobbying from the big wireless companies at the state legislature restricts local communities from making their own decisions. She also touched on the importance of protecting local authority to allow communities to have their own right to make decisions.

Here is the full piece: 

Imagine moving into a new home. One of the reasons you chose this house was the view from your daughter’s bedroom of the park across the street, a nice change from the alleyway her room overlooked in your old apartment.

Then, days after unpacking the last pair of socks, a set of ugly, bulky boxes appear on the street light right in front of your daughter’s window, blocking the view almost entirely. You contact your council representative only to find out that it’s a new wireless “small” cell and despite being on city property, state law prevents them from doing anything. Their hands, you’re informed, are tied.

This story is playing out again and again in communities across Florida as companies like AT&T, Verizon, and T-Mobile stumble over each other to build out next generation 5G wireless infrastructure. In their haste, wireless providers are slapping up poles and equipment often without concern for the impact on local communities, affecting aesthetics and straining city resources.

A municipality typically has the authority to prevent or at least address this kind of local nuisance. But in Florida, there’s little recourse for the communities and families harmed by indiscriminate 5G construction. As a result of lobbying from the big wireless companies, state law limits the ability of local governments to collaborate with wireless providers over the placement and appearance of small cell wireless facilities. It also shortens the permitting process for new wireless installations and caps or eliminates the fees that cities can charge companies like AT&T to use public property.

These industry-backed blanket regulations ignore the unique needs and values of different communities, limiting local control over neighborhood appearance, undermining digital equity efforts, and threatening public accountability.

Strict permitting...

Christopher Mitchell, Director of the Community Broadband Networks initiative at the Institute for Local Self-Reliance, recently appeared on Marketplace Tech to discuss security concerns around Chinese equipment used in many rural broadband networks.

Christopher explained why this equipment has become so ubiquitous, details some of the potential security issues, and talks about how proposals to remove and replace the equipment might affect networks. In response to a question about how this will impact consumers, Christopher said: 

In rural areas, where we’re seeing this gear being used, effectively, the Chinese had been subsidizing rural deployment in the United States because they were charging such low rates for the gear, it allowed the rural wireless providers to get out there and to go further than they otherwise would be able to. If we don’t do anything to pick up that slack, then we will see broadband expanded more slowly across rural areas. This would also be an opportunity to revisit our programs to make sure that we’re investing sufficiently in rural broadband from the American government and not just taking advantage of Chinese trade policy.

Listen to the interview on Marketplace here.

On Oct. 21, 2019, The American Conservative published a piece written by Christopher Mitchell, Director of the Community Broadband Networks Initiative at the Institute for Local Self-Reliance. Christopher discusses broadband preemption and the importance of localities being able to pursue the broadband solution that best fits their needs. Read excerpts from his piece below: 

When first presented with the idea of a city-run network, [Joey] Durel was skeptical but open minded. He looked toward the Lafayette Utility System, which already handled electricity, water, and wastewater for the community—and had a much better reputation than the cable and telephone monopolies—to make an assessment.

Durel soon determined that a city-run broadband network would provide better services at lower prices than Bellsouth or Cox, but he was under no illusion those companies would go quietly into the night. However, he probably didn’t expect such a challenge to his authority—a challenge that went right up to the state legislature to stop him. This was preemption, and Durel was about to get one heck of an education in how monopolies use the levers of government to get what they want.

Preemption is when the federal government or states preclude lower levels of government from enacting certain laws. The recent rise of conservative legislatures has actually led to more cases in which states are preempting localities—from plastic bag bans and minimum wage hikes, to sick time ordinances and tougher gun laws. In many, but not all cases, these are conservative legislatures preempting more liberal city laws.

...

Today, 19 states have laws that discourage municipal networks—ranging from outright prohibitions to sneaky de facto prohibitions and procedural challenges.

According to Pew polls, a strong majority of liberals, conservatives and independents believe local governments should be allowed to build their own networks. But in recent years, the elected officials at the state and federal level pushing to maintain or even increase barriers to municipal networks have been nearly uniformly Republicans. They appear captured by lobbyists who prey upon their desire for market solutions and distrust of government...