During its meeting today, the Federal Communications Commission (FCC) acted on numerous complaints from broadband providers that state and local regulations are interfering with the smooth construction of networks.
In a Notice of Proposed Rulemaking (NPRM), the FCC outlined a number of possible cures for current delays, including a 120-day shot clock on applications for use for public rights of way. The Commission also proposed limits on the fees on construction applications to “a reasonable approximation of the government’s actual, direct costs.”
The shot-clock proposal specifies that state and local governments failing to act within 120 days would be under a “rebuttable presumption that state and local governments have effectively prohibited the provision of wireline telecommunications services.” Such a finding would put those governments in violation of Section 253(a) of the Communications Act and subject to possible preemption by the FCC.
FCC Chairman Brendan Carr said that the record shows cases where jurisdictions have delayed broadband projects for months and sometimes years because of slow application approval and excessive fees. “Those barriers raise costs of deployment or discourage it altogether, leaving consumers and communities stuck on the wrong side of the digital divide,” Carr said.
The NPRM passed unanimously with no controversy. However, Commissioner Anna Gomez noted that it is a complicated issue and that the FCC must balance the public interest in speedy broadband construction with the burdens on state and local governments with limited resources. She also expressed doubt that Section 253 gives the FCC authority to overrule local control of rights of way.
“Since this item is still at the NPRM stage, it has my support. I remain very interested in reviewing the comments as they come in to determine what the Commission’s role should be in accelerating broadband deployment,” Gomez said.
In other action during the meeting, the FCC adopted a Second Report and Order and Further Notice of Proposed Rulemaking to improve underwater communications deployment. The order establishes rules and reporting requirements for licensing owners of submarine line terminal equipment (SLTE). The order declares the FCC has jurisdiction over SLTEs under current federal law, giving it the authority to require national security-related conditions.
“American companies dominate the laying, owning, and operating of these cables, as well as the provisioning of the equipment that makes it all run, but there’s even more that we can do to supercharge this industry,” Carr said. “Accelerating submarine cable construction will mean faster, more resilient internet services for Americans, especially as AI fuels even greater connectivity demands.”
FCC commissioners clash over broadband access and E-Rate screen time
There is plenty of public debate in America over whether school-aged students spend too much time in front of electronic screens, resulting in physical and mental health problems and lower test scores. Disagreement during the FCC’s June agenda meeting was over whether it is for the Commission to consider that question. Amid that debate, the FCC adopted a Notice of Proposed Rulemaking (NPRM) that takes a new look at how the universal service Schools and Libraries (E-Rate) program possibly contributes to the problem.
As announced earlier this month, part of the NPRM looks at whether the E-Rate has met its original mission after its creation by the Telecommunications Act of 1996, and whether continued funding at approximately $3 billion annually is necessary. According to Chairman Brendan Carr, the growth in student screen time should be part of funding consideration.
“Kids as young as eight have been spending up to five and a half hours daily on screens. By grade eight, more than 50 percent of kids report using computers in all or almost all classes, up from just 30 percent a couple years ago,” Carr said. “The results from America’s experiment with pervasive screen time in school are now starting to pour in. The data show that reading and math skills have declined substantially.”
Carr acknowledged that the program has been successful in needed wiring of schools and libraries throughout the nation. But the FCC program that once supported computer labs and limited screen time now supports broadband devices provided by the school as well as phones and laptops from students’ homes for constant online availability. He suggested that the E-Rate should be “reoriented” to determine how much screen time is too much.
Commissioner Anna Gomez dissented in part from the NPRM’s adoption, saying that E-Rate funding remains as vital as ever with the need to train students for AI usage. “Ensuring connectivity in schools and libraries is not a one-time objective. It is a continuous, evolving responsibility,” she said.
Gomez did not dispute that screen time has been linked to shorter student attention spans and mental health issues, but said that children’s behavior in schools is not within the FCC’s mandate. “The FCC is not the nation’s parent, it is not the nation’s teacher, it is not the nation’s school board,” she said.
Following the meeting’s discussion of broadband access for students, the FCC said that it was extending the planned comment period for the E-Rate NPRM, which likely will attract significant attention. Initial comments will be due 60 days after publication in the Federal Register and reply comments after 90 days.
