FCC's Genachowski testifies before Senate Commerce Committee on National Broadband Plan

In an April 14th Senate Commerce Committee hearing FCC Chairman Julius Genachowski told lawmakers the agency would move forward on implementing sections of the National Broadband Plan, including universal high-speed Internet initiatives.

The U.S. Court of Appeals for the District of Columbia issued a major setback for the agency last month when it ruled that Comcast Corp. had been unfairly fined in 2008 for throttling Internet traffic.

Many in Congress see the ruling as a clear warning to the FCC not to proceed with its net neutrality and broadband expansion plans.

Chairman Genachowski said he thought the court decision did not limit the FCC's ability to protect customers, whether on traditional communications networks or newer data lines.

Citing research done prior to the drafting of the Plan, the Chairman stressed the importance of expanding broadband in the United States:

• Roughly 65 percent of U.S. consumers have adopted broadband, compared with up to 90% or more in some countries in Asia and Western Europe.
• The U.S. ranks 6th out 50 industrial countries in innovative competitiveness, and 40th out of 40 in "the rate of change in innovative capacity."
• 93 million Americans are not connected to broadband at home, including 13 million children.
• As many as 14 million Americans cannot access broadband, even if they can afford it.

Senate Commerce Committee Chairman Sen. Jay Rockefeller (D-WV) agrees in principle on the importance of the National Broadband Plan. His main criticism however is that it does not go far enough.

He noted during the hearing that in his home state of West Virginia one in five households lack access to broadband service. And only 71 percent of the state's population has access to 3G wireless service.

While the National Broadband Plan provides over 200 recommendations on paths the FCC and Congress can take to address these problems, it provides no clear course of action.

Challenging members of Congress who believe the FCC has no authority to provide a national broadband initiative, Sen. Rockefeller pledged to rewrite the law to ensure there are no ambiguities:

First, in the near-term, I want the agency to use all of its existing authority to protect consumers and pursue the broad objectives of the broadband plan. Second, in the long-term, if there is a need to rewrite the law to provide consumers, the FCC, and industry with a new framework, I will take that task on.

Other lawmakers were quick to join Sen. Rockefeller in his promise. In adding that he thought the commission had the legal authority to proceed on universal broadband if it wanted, Sen. John Kerry (D-MA) said, "I do not believe broadband either should or needs to go without FCC oversight."

The FCC will appeal the decision in Comcast v. FCC to the United States Supreme Court.

Despite Ruling, FCC says it will move forward on expanding broadband (The New York Times)

Comcast's discrimination against Internet users is wrong (Speedmatters)

Statement of FCC Chairman Julius Genachowski (U.S. Senate Commerce Committee)

Reviewing the National Broadband Plan (U.S. Senate Commerce Committee)