Is The FCC Losing Sight of the Broadband Target?

David Honig, of the Minority Media and Telecommunications Council (MMTC), recently wrote a critique of the FCC's broadband agenda in an editorial on the Broadband and Social Justice homepage.

MMTC isn't alone in being frustrated with the FCC's disappointing attitude toward real action this past year. In a recent interview with the Wall Street Journal, FCC Chairman Julius Genachowski expressed impatience with the glacial pace of policymaking at his Commission. Although he mentioned that the FCC, under his direction, has implemented some notable reforms, he conceded that "there is still a lot to do."

Unfortunately, regardless of how earnest the Chairman is in his desire to move forward with the business of policymaking, his actions speak much louder than his words. Indeed, his yearlong pursuit of network neutrality rules — first via a traditional rulemaking proceeding and, most recently, via an effort to reclassify broadband as a telecommunications service — has cast a long and almost suffocating pall over many of the items that the Chairman wishes to act upon. His inaction on civil rights issues — especially EEO enforcement — is just one example of how paralyzed the agency has become.

Recent news that Congress will not move forward to address the regulatory questions that currently vex the Commission (e.g., whether the FCC has authority to regulate broadband service providers) could embolden the Chairman to adopt the sweeping regulatory changes for broadband that he proposed earlier this year. Doing so in the absence of Congressional action would only invite immediate legal challenges that would mire the FCC in litigation, appeals, and remands for years to come.

To put it plainly, the FCC is stuck. Although it recently adopted some promising orders related to broadband (e.g., new rules for accessing new portions of wireless spectrum called "white spaces" and for enhancing access in schools and libraries), the Commission has failed to move forward with implementing core provisions of its monumental National Broadband Plan.

Fortunately, other parts of the government are working to enhance broadband access and spur adoption of this critical technology. September 30th marked the deadline for disbursing the $7+ billion in stimulus funds that were allocated by Congress to support new broadband network deployments and to enhance education and outreach efforts focused on bringing more people online.

According to the National Telecommunications & Information Administration (NTIA), the government agency tasked with allocating some $4 billion in broadband funding, the programs it provided grants to will make computing centers and training services available to more than one million new users over the next several years. Moreover, combined with recent legislation to enhance accessibility of new broadband-enabled tools for people with disabilities, the United States is making promising strides toward becoming a fully inclusive digital nation, one that vests all Americans with first-class digital citizenship.

These promising efforts, however, are in danger of being overshadowed by partisan bickering and politicking. Several members of Congress, led by House Energy and Commerce Committee Chairman Henry Waxman, recently negotiated a bill that would have provided the FCC and stakeholders throughout the broadband sector with certainty regarding the regulatory approach to broadband. Unfortunately, the bill was not introduced before adjournment because of unreasonable demands from the right and left — which seems to have become standard procedure this year.

Similarly, Congress, having failed to vote on the President's proposed budget, has put into jeopardy funding to monitor the deployment of the stimulus-funded broadband projects discussed above. Without these funds, it will be difficult, if not impossible, for the public to know whether these innovative approaches are succeeding in spurring broadband adoption. This is unacceptable.

The business of governing is messy. Congress is influenced by a diverse array of factors that often grind the legislative process to a halt. Part of the reason for having independent expert agencies like the FCC is to insulate specialized policymaking from the political pressures that often bog down those on the Hill. Indeed, even though Congress sets the parameters within which agencies can operate, expert entities like the FCC have wide latitude to push forward with new policies. Yet, despite a clear Congressional mandate to enhance broadband connectivity, the FCC has put this duty on the back burner, in favor of pursuing the Chairman's white whale — net neutrality. As a result, the misguided actions of the FCC have imperiled the digital destinies — and civil rights — of millions of Americans.

If we are to sustain our position as the world's most innovative and digitally inclusive country, we must urge those in power — the President, Congress, Chairman Genachowski and others — to put political posturing aside and move forward with implementing the National Broadband Plan and shepherding the Waxman Open Internet bill to the President's desk for signature. Doing so will grant immediate benefits to individual Americans and to the overall economy.

Unsticking the FCC (Broadband and Social Justice)