Broadband Internet Regulation and Access: Background and Issues

Broadband or high-speed Internet access is provided by a series of technologies that give users the ability to send and receive data at volumes and speeds far greater than current Internet access over traditional telephone lines. In addition to offering speed, broadband access provides a continuous, “always on” connection and the ability to both receive (download) and transmit (upload) data at high speeds. Broadband access, along with the content and services it might enable, has the potential to transform the Internet: both what it offers and how it is used. It is possible that many of the future applications that will best exploit the technological capabilities of broadband have yet to be developed. There are multiple transmission media or technologies that can be used to provide broadband access. These include cable; an enhanced telephone service called digital subscriber line (DSL); fiber-to- the-home (FTTH); satellite, mobile, and fixed wireless (including “wi-fi” and “Wi- Max”); broadband over powerlines (BPL); and others.

From a public policy perspective, the goals are to ensure that broadband deployment is timely and contributes to the nation’s economic growth, that industry competes fairly, and that affordable and high-quality service is provided to all sectors and geographical locations of American society. The federal government — through Congress and the Federal Communications Commission (FCC) — is seeking to ensure fair competition among the players so that broadband will be available and affordable in a timely manner to all Americans who want it.

Some areas of the nation — particularly rural and low-income communities — continue to lack full access to high-speed broadband Internet service. In order to address this problem, the 110th Congress is examining a wide range of issues including the scope and effect of federal broadband financial assistance programs (including universal service and the broadband programs at the U.S. Department of Agriculture’s Rural Utilities Service), and the impact of telecommunications regulation and new technologies on broadband deployment. To date, legislative measures to address the reform and expansion of scope of the universal service fund (S. 101, S. 609, S. 711, H.R. 42, H.R. 278, H.R. 2054), net neutrality (S. 215. H.R. 5353, H.R. 5994), and broadband financial assistance and data collection (H.R. 1818, H.R. 2035, H.R. 2174, H.R. 2272, H.R. 2419, H.R. 2569, H.R. 2764, H.R. 2953, H.R. 3246, H.R. 3281, H.R. 3428, H.R. 3627, H.R. 3893, H.R. 3919, H.R. 5682, S. 541, S. 761, S. 1032, S. 1190, S. 1264, S. 1439, S. 1492, S. 2242) have been introduced. One facet of the debate over broadband services focuses on whether present laws and subsequent regulatory policies are needed to ensure the development of competition and its subsequent consumer benefits, or conversely, whether such laws and regulations are overly burdensome and discourage investment in and deployment of broadband services.

This report which will be updated as events warrant.