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from: Ars Technica

House Dems: Broadband isn't broadband unless it's 2Mbps

By Nate Anderson
| Published: May 17, 2007 - 11:25PM CT

Saying that the FCC "has not kept pace with the times or the technology," Rep. Ed Markey (D-MA) opened a hearing today into the FCC's methods for measuring broadband availability in the US. The US lags in speed, availability, and value, said Markey, compared to a country like Japan, where most residents can pay $30 a month for 50Mbps fiber connections to the Internet (which some senators would like to see migrate across the Pacific). But without accurate data on US broadband, neither the government nor private industry will be able to put forward a comprehensive national broadband plan.

Problems with the FCC's broadband data collection methodology have been well-known for years, and Congress is finally poised to step in and tell the agency how to fix the problem. The Broadband Census of America Act, currently in draft form, asks the FCC to increase its broadband threshold speed from 200Kbps to 2Mbps and to stop claiming that a ZIP code has broadband access if even a single resident in that ZIP code does. It also asks the National Telecommunications and Information Administration to prepare a map for the web that will show all this data in a searchable, consumer-friendly format.

The mood among the members of the House Subcommittee on Telecommunications and the Internet was jovial; Rep. Mike Doyle (D-PA) even opened by asking (in reference to the proposed map), "Why do maps never win at poker?" The answer: "Because they always fold." Groan.

Is 2Mbps the answer? 

"More broadband" is one of those issues that every politician supports, and everyone agrees that the current system has problems, but there was still wrangling over important details. The most contentious of these was whether the government should mandate a definition for "high-speed Internet." Right now, that definition includes any connection over 200Kbps, which Markey wants to boost more than 10 times. 2Mbps is faster than many current DSL links, so part of the reasoning behind this change appears to have a public relations focus—telecommunications companies will want to boost their offerings to over 2Mbps in order to avoid the stigma of not providing "true" broadband.

The plan went over well with the consumer advocates who appeared before the subcommittee. Larry Cohen, president of the Communication Workers of America, said that the US is "stuck with a twentieth century Internet" and that he would support increasing the "broadband" definition to 2Mbps. Ben Scott of Free Press echoed that sentiment, suggesting that the definition needs to be an evolving standard that increases over time, which is in contrast to the current FCC definition; it has not changed in nine years. "We have always been limited by the FCC's inadequate and flawed data," he said.

Those from the industries that provide Internet connectivity were less thrilled about the approach, arguing that 768Kbps DSL lines in rural areas might not be speedy today but still remained a massive improvement over dial-up speeds and should still be counted. One proposal, made by several speakers, was summed up well by Steve Largent of the CTIA, which represents wireless telephone companies. He suggested that the FCC keep the current threshold at 200Kbps but provide more granularity so that users can see exactly which speed tiers are available in their neighborhoods. Many new broadband subscriptions are currently coming from wireless connections, which would nearly all be excluded under any definition that set a baseline of 2Mbps. Largent also stressed the need, acute in his industry, for more spectrum to deliver services, and he asked that the FCC's upcoming 700 MHz auction occur on schedule.

Kyle McSlarrow, who heads the National Cable and Telecommunications Association (and who was yesterday calling for a vastly reduced FCC), said that his group supported the goals of the subcommittee, but that the government must act cautiously in attempting to translate broadband data into a grand national strategy. "It's not like the marketplace isn't addressing consumer demand," pointing out that Comcast recently demoed 100Mbps cable technology.

Public/private partnership

The representatives appeared most interested in the testimony of Brian Mefford, CEO of ConnectKentucky. ConnectKentucky is a public/private partnership that has boosted broadband availability from 60 percent to more than 90 percent in just two and a half years and used mapping techniques to identify current gaps in service. Once those were discovered, the group helped to create a regulatory environment that encouraged private investment, then partnered with companies on a market-driven approach to rolling out new lines, even in rural areas. 80 percent of the funding came from state and federal government agencies, while 20 percent was put up by the companies involved. By the end of this year, 100 percent of Kentucky homes should be able to access broadband of at least 768Kbps.

No such public/private partnership exists on the national level, but Markey and others appeared greatly interested in Mefford's testimony, suggesting that a similar scheme could be introduced to Congress in the future. Such a plan had the support of several industry leaders, including Walter McCormick, head of the US Telecom Association, who would no doubt love to see federal money and support for extending services into low-profit regions.

The FCC, the whipping boy at the hearing, has heard enough of the criticism that it has started to take a hard look at its data collection policy, but major changes have yet to be introduced.