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FCC Issues a Notice of Inquiry on the Development of a National Broadband Plan

Comments Due: June 8, 2009
Reply Comments Due: July 7, 2009

April 9 , 2009
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The Federal Communications Commission (“FCC”) has issued a Notice of Inquiry seeking comment on the development of a national broadband plan. The American Recovery and Reinvestment Act of 2009 (“ARRA”) directs the FCC to deliver to Congress, no later than one year after enactment of the ARRA (February 17, 2010), a national broadband plan that “shall seek to ensure that all people of the United States have access to broadband capability and shall establish benchmarks for meeting that goal.” The FCC seeks public comment on how it can identify and promote the best and most efficient means of achieving this Congressional directive.

Specifically, the FCC seeks input to assist in its analysis of the following specific elements of broadband deployment as required by the ARRA:

1. How to implement a plan to ensure access to broadband capability by all people, including how to establish progress benchmarks and how to define “broadband capability” and “access.”

2. How to provide an analysis of the most effective and efficient mechanisms for ensuring ubiquitous broadband access.

3. How to develop a detailed strategy for affordability of broadband service and maximum utilization of broadband infrastructure and service by the public.

4. How the FCC should evaluate the status of broadband deployment, including the progress of projects supported by grants made under the ARRA.

5. How to develop a plan for the use of broadband to advance the goals of consumer welfare, civic participation, public safety and homeland security, community development, health care delivery, energy independence and efficiency, education, worker training, private sector investment, entrepreneurial activity, job creation and economic growth and other national purposes.

The FCC also seeks comment on how it should evaluate the development of the plan in light of a variety of other related statutory directives and whether additional elements should be part of the plan. Finally, the FCC seeks input on how it should work collaboratively with other government agencies, consumers, the private sector and other organizations in the development and implementation of the national broadband plan.

To assist the FCC in its analysis of the public comments, commenters should address specific statutory sections of the ARRA and mirror the organization of the FCC’s notice of inquiry where possible.

We would be pleased to respond to any questions regarding these matters or to assist in the preparation of comments or reply comments.