News & Publications

Garvey Schubert Barer Legal Update, August 18, 2010.

The FCC has released a Notice of Inquiry (NOI) in which it solicits data and information that will help the FCC complete its annual task under section 706 of the Telecommunications Act of 1996, as amended, of determining whether broadband is being deployed to all Americans in a reasonable and timely fashion. See In the Matter of Inquiry Concerning the Deployment of Advanced Telecommunications Capability to All Americans in a Reasonable and Timely Fashion, and Possible Steps to Accelerate Such Deployment Pursuant to Section 706 of the Telecommunications Act of 1996, as Amended by the Broadband Data Improvement Act, GN Docket No. 10-159, FCC 10-148, Seventh Broadband Deployment Notice of Inquiry (rel. Aug. 6, 2010). Specifically, section 706 requires the FCC annually to “initiate a notice of inquiry concerning the availability of advanced telecommunications capability to all Americans (including, in particular, elementary and secondary schools and classrooms).”

The FCC seeks input on several issues, including the following:

• How should “advanced telecommunications capability” and “broadband” be defined?
• How should broadband “availability” be interpreted and measured?
• Is Broadband being deployed to all Americans?
• Is broadband deployment reasonable and timely?
• What actions can accelerate deployment?

Pursuant to sections 1.415, 1.419, and 1.430 of the FCC’s rules, interested persons may file comments on or before September 7, 2010, and replies on or before October 5, 2010.