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Bryan Darr: Senators Move to Fix the Broadband Map; Here’s How You Can Submit Crowdsource Data

Newly proposed legislation would add 7 months to the challenge process for states and other parties.

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The author of this Expert Opinion is Bryan Darr, vice president of Smart Communities at Ookla.

A lot of energy has been expended in the last several months to dispute the FCC National Broadband Map. The focus has been on two primary issues:

  • The first is a disagreement about the number of broadband service locations (BSLs) that exist in each state. Only residential buildings are eligible and many multi-dwelling units (MDUs) are considered a single location.
  • The second issue regards how many of those locations do not have access to broadband service. Those with throughput speeds less than 25 Mbps download and 3 Mbps upload are considered unserved. Locations served with speeds less than 100 down and 20 up are considered underserved.

These counts are important because the number of total locations and unserved locations in each state will define how much funding each state receives of the over $42 billion available through the Broadband, Equity, Access and Deployment Program (BEAD).

The Infrastructure Investment and Jobs Act (IIJA) that established this program was bipartisan, and so is the concern over the current state of the map. The deadline to challenge the accuracy of these location counts passed in January, but many state broadband offices and the legislators that represent them have made it clear they were unhappy with the process. Some of them felt that there was simply not enough time to analyze the data after gaining access to it.

New legislation proposed to “fix” the map

The demand to fix the map became increasingly serious on Friday, March 31, 2023, as Senators Jacky Rosen (D-NV) and John Thune (R-SD) introduced the “Accurate Map for Broadband Investment Act.” Calling the current map “deeply flawed,” the bill aims to provide additional time to challenge the number of BSLs as well as which ones are considered unserved or underserved.

Everyone expects the FCC map to forever be a work in progress as communities grow and networks expand. It has already improved from its first release and it will continue to get better. As we approach a moment in time that will divide up a finite funding pool, accuracy on the metrics has real monetary consequences. Once allocations are made, it will be up to NTIA to work with each state to fund broadband infrastructure projects and connect communities. However, the dollars each state has to work with won’t change.

The newly proposed legislation would add seven more months to the challenge process for states and other interested parties to dispute the map’s accuracy. To ensure that broadband projects aren’t brought to a complete halt, 20% of the funding would be made available on the original timetable, delaying assignment to states of the remaining funds while more scrutiny is applied to the underlying data.

Multiple bites at the apple

There are two agencies, not just one, that will impact which communities get broadband infrastructure assistance and how soon they get it. Up until now, providing input to the FCC for corrections to the map has been the primary focus. But NTIA will be responsible for working with each state broadband office to identify areas of need and approve project awards. These plans will certainly evolve as new evidence is presented.

During the first phase of their mapping effort, the only significant challenges to the map the FCC accepted were for the number of broadband service locations and individual reports of availability not matching those reported by ISPs. There were certainly some individual challenges submitted, but many states were frustrated at the lack of public awareness and participation. Through NTIA, state offices were always going to get a second bite at the apple as far as getting funding to the right communities. Depending upon the outcome of the Rosen/Thune legislation, states may get an extra bite from the FCC apple as well.

Confusion over crowdsource data

The Commission defined a process for crowdsource data to be presented as evidence to support that reported service availability and performance was less than claimed. However, many filers have found this process unclear or difficult, notably in regard to the requirement that all submissions include Broadband Serviceable Location (BSL) identification numbers. To make this process even more difficult, the only file types accepted as additional evidence were formats that lacked geospatial awareness. In other words, they could not easily be imported into a mapping system.

As of late February, the FCC now accepts JSON files in addition to those formats already approved (PDF, DOC, DOCX, JPG and PNG). This new format can include columns for longitude and latitude, making it easier to include crowdsource data evidence, and has the added benefit of making analysis by the FCC significantly more efficient.

Multipurpose research

Crowdsource data evidence has multiple target audiences. The very same evidence developed to submit to the FCC can be used to work with NTIA during the next phase. NTIA is very familiar with how crowdsource data is employed to define “indicators of need,” and used data from Ookla®, M-Lab, and Microsoft extensively to build their National Broadband Availability Map a couple of years ago.

These federal agencies have been the primary concern, but local interests will become very vocal as projects are chosen. Which communities receive grants and in what priority may be vigorously debated. ISPs that compete for expansion areas will need to prove a track record, and the states will need independent evidence on how well they are serving their existing customers. And those providers that stretched the truth on the level of service they actually provide will fight being overbuilt. States should be preparing for local challenges to their own decisions.

Crowdsource data provides the largest pool of evidence to understand the quality of service being delivered to a community. Hundreds of millions of tests across the country means that even less populated states have hundreds of thousands of points to analyze and better understand the availability and performance of each serving network.

How to support your claim with crowdsource data

Crowdsource data from Ookla Speedtest® measurements can easily be overlaid with FCC maps to produce the needed evidence that indicates where services don’t meet minimum broadband standards. Through crowdsource data submissions, broadband offices can dispute existing maps, advocate for federal funding eligibility, and assist federal officials in their mission to improve broadband availability and performance.

Below are some helpful tips for submitting crowdsource data for disputed areas in a format that can meet FCC requirements.

Step 1: Identify Broadband Serviceable Locations (BSLs)

As an example, we are going to focus on an area near Durango, Colorado — a mountainous area that is both difficult and expensive to cover. We start by looking at all of the BSLs represented in the FCC’s map within the area of interest for early 2023.

Step 2: Overlay FCC hexagon system with BSLs

Next, we overlay the BSLs with hexagons where the FCC defines broadband service as being available. The darker the hexagon, the more ISPs claiming to provide service in that area.

Step 3: Layer Speedtest data with FCC hexagon system and BSLs 

By layering Speedtest data from fixed terrestrial operators on top of the hexagons, we can see that Durango and Durango West have high test densities. There are many households packed closely together, making those areas more viable to justify the cost of building high-speed services to them from a purely economic standpoint. Location accuracy for most tests is under 100 meters, so tests will grid into bins measuring approximately 1002 meters (this varies based upon latitude). If there are multiple tests within each bin, they will stack, and we are showing the fastest recorded speed on the top in this view. Speedtest measurements shown are for the four quarters (Q1-Q4, 2022) immediately previous to the published FCC data.

Step 4: Create clusters to see Speedtest data at scale within the FCC hexagon system

To get an idea of the actual volume of Speedtest data we’re looking at, we created a clustered version demonstrating where the number of tests are much greater. Some hexagons have 100+ tests, and a few hexagons have no tests, usually because there are fewer households.

Step 5: View Speedtest performance within the FCC hexagon system

Using that methodology, we can show how the aggregated test results appear within the hexagons defined by the FCC. The red hexagons (levels 8 and 9) demonstrate where the median speed is not meeting FCC minimum standards for broadband. This helps you get an idea of the overall experiences people are having, as well as the maximum speeds experienced in an area referencing the stacked tests previously shown.

Step 6: Create a polygon of Speedtest data with BSLs 

Next, create a polygon that surrounds the community or specific area of interest. Many ISPs have created polygons to capture all of the BSLs that fall within their territories for their service area and technology submissions. In our discussions with the FCC, staffers have suggested following a similar approach for crowdsource submissions.

Step 7: Export the polygon of BSLs as a CSV file

Next, export a CSV file of the locations that are within the polygon, including the Location ID, as directed in the instructions defined by the Broadband Data Task Force (BDTF). The entire FCC submission process has been built around identifying these location IDs for each BSL.

Step 8: Export the polygon of Speedtest data as a JSON file

Using the same polygon, select and export the Speedtest results as a JSON file, including speed and latency measurements, ISP names, timestamps, anonymized user ID, and source test ID.

Step 9: Submit the files to the FCC 

Submit the CSV file as well as the JSON file as additional evidence to the FCC along with any other documents supporting your dispute of the service availability, using one of the accepted file formats. This may include maps defining the area being disputed, documents from residents claiming inadequate or no service, and any other pertinent information.

Step 10: Be prepared to use the evidence to partner with NTIA

The FCC maps will ultimately define how many dollars go to NTIA to determine state funding. NTIA is preparing to use the same map fabric and BSL data as that used by the FCC. This will allow collaboration with all the above parties and will assist with reconciling the differences between the federal stakeholders. You can utilize this same data as you work with NTIA to demonstrate where you would like to focus funding as well as resolving local disputes on broadband availability.

Want to learn more? Watch our recent webinar

We hosted a webinar on March 30, 2023 titled “Using Crowdsource Broadband Data to Dispute FCC Maps”. In this webinar, a panel of experts came together to discuss common challenges in the mapping process and successful broadband mapping projects. Panelists included Jamie Hoffman, Program Manager at the West Virginia Department of Economic Development, Patrick Ryan, Senior Solution Engineer, Telecommunications at Esri, Tom Reid, President at Reid Consulting Group and me, Bryan Darr, VP of Government Affairs at Ookla.

You can watch the recording of the recent webinar here.

Bryan Darr is Vice President of Government Affairs at Ookla. He coordinates Ookla’s outreach to local, state and federal governments and serves on CTIA’s Smart Cities Business & Technology Working Group. This article was originally published on Ookla’s website on April 10, 2023, and is reprinted with permission.

Ookla retains ownership of this article including all of the intellectual property rights, data, content graphs and analysis. This article may not be quoted, reproduced, distributed or published for any commercial purpose without prior consent. Members of the press and others using the findings in this article for non-commercial purposes are welcome to publicly share and link to report information with attribution to Ookla.

Broadband Breakfast accepts commentary from informed observers of the broadband scene. Please send pieces to commentary@breakfast.media. The views expressed in Expert Opinion pieces do not necessarily reflect the views of Broadband Breakfast and Breakfast Media LLC.

Broadband Breakfast is a decade-old news organization based in Washington that is building a community of interest around broadband policy and internet technology, with a particular focus on better broadband infrastructure, the politics of privacy and the regulation of social media. Learn more about Broadband Breakfast.

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Bruce Kushnick: Look Overseas, America’s Prices for Broadband are Out of Control

America’s prices are 5–10 times higher than comparable data from other countries.

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The author of this Expert Opinion is Bruce Kushnick, New Networks Institute Executive Director.

This chart, taken from the European Union Report on Broadband, shows that a triple play — phone, cable TV, broadband-Internet, can cost about 36 Euros for a service with 30–100 Mbps speeds, and 21 Euros for a stand alone service.

The average U.S. triple play is about $220.00 a month, and with an exchange rate of 1 Euro=$1.09 Dollars, the overcharging, which we documented, is $150+ a month — or more.

The Digital Divide was created, in large part, because prices are unaffordable, and America is now paying for over 20 million low-income families to have broadband — up to $30. a month allowance.

America’s prices are out of control, yet where are the investigations and audits to explain how overseas prices are a fraction of what we are paying in the U.S.? And why are we giving billions to the companies that helped to create the Digital Divide in the first place?

We assembled our previous research with new findings in this new series, using both 3rd party expert analysis as well as actual examples from December 2023, comparing and detailing the out of control US prices vs the services of free Telecom in France and Spectrum-Charter in New York City.

America’s broken promises and the state 5-year broken broadband plans

America’s prices for broadband have made high speed internet unaffordable for many households, Moreover, the pandemic revealed a major Digital Divide where whole areas of the U.S. were never upgraded to fiber optic networks, much less high speed services even over the copper wires. Thus, no competition to lower rates.

And every state now has plans to ‘bridge the Digital Divide’, but in all of the state broadband plans, none have addressed how the Divide started in their state or about the massive financial price divide between America and the EU or Asian countries that charge a fraction of the prices charged in the US.

Over $150 billion is being given out in state and federal government subsidies over the next few years, and much of It going to the companies that helped to create the Digital Divide.

The states must investigate the core issues as they impact almost every FCC, NTIA, FTC, Congressional and state current and future actions.

The opening chart tells the tale of how the European countries did not allow for massive multiple additional made up fees, such as the Broadcast-Sports fee ($27.90 on a Spectrum Triple Play). Moreover, the services do not charge ridiculous prices for equipment, such as set top box, that is required to use the service. Also, because there is competition, customers have choices and prices have not skyrocketed, but are actually going down.

America’s prices are 5–10 times higher than comparable data from other countries

How can America’s prices for the stand-alone, double and triple play — (phone, cable TV and ISP-broadband) be 5–10 times more when comparing data from other countries, as highlighted in the European Union Commission’s report, published July 2022 for the year 2021. And, as the report details, even basic stand-alone high speed broadband prices overseas are a fraction of what we’re paying in the U.S.

  • America’s “Double play” — high speed broadband and phone service — is being overcharged, on average, almost $75 a month — a whopping $900 a year.
  • The “Triple play” is being overcharged by $180 a month on average; this comes to overcharged, over $2,200 for the triple play.

The current triple play in America, after the promotional prices end, is now around $220.00 a month, yet overseas, the average was around $40 a month, but the prices overseas are in decline. However, in some countries, it can be as low as $23.00 for 200 Mbps or more; only $15 for the double play.

According to the EU report, we’ve even been beaten out by Bulgaria, Romania and let’s not forget Slovakia:

  • “Overall, Lithuania and Romania have the most attractive prices for broadband internet in the EU. All the offers in these countries belong to the cluster of the least expensive countries in their respective baskets. Bulgaria, Latvia and Slovakia follow. Poland, Hungary, France and Spain have low prices especially for Triple Play.”

But when the EU report says prices are “attractive”, we are talking $10–12 bucks a month for stand-alone broadband and $20–23 for the triple play, with speed of 200 Mbps or more.

By the way, Bulgaria does get Netflix and their Top 10 shows are close to America’s viewing.

How is it possible that America’s Triple Play is $150-$200 a month over what is being charged overseas? That’s over $2,200.00 a year ‘extra’ being charged to families — including low-income families and fixed income seniors. This is on top of the fact that there could be only one or no providers of high-speed services in the rural regions or in low-income neighborhoods of cities.

It would be one thing if it was a small differential between the overseas EU group and others price of service, but this is a difference that is too large to be ignored.

What are the underlying issues?

No Serious Competition to keep market forces and rate increases at bay. First, AT&T et al. failed to show up with high-speed competition to keep the cable companies, the other group of providers that use a wired connection, in check. For example, in CA, AT&T-Pac Bell had obligations to bring fiber optic broadband throughout the state and our maps showed that much of AT&T’s entire Los Angeles county region had been left to deteriorate and not upgraded as promised with fiber optic infrastructure.

Made-up Fees and surcharges are out of control. One of the sleaziest practices in the US has become the addition of made-up taxes, fees and surcharges that are not mandated or government sanctioned. This is being done so that the companies can quote a price that is missing 20–40% of the total costs,

Made-Up Taxes include:

  • Broadcast and Sports surcharge: $15–24.00 a month
  • Cost Recovery Fee: $1.99–2.99
  • Admin Fees: $1.49-$2.99 per month
  • Pass-through taxes, Gross receipts tax, telecom taxes

The largest and most egregious added fee is now the Sports and Broadcast surcharge, which is really 2 separate charges that have been merged in many cases:

Made-up, Broadcast-Sports Fees Up 820%; Overcharging $250+ a Year — then Quintuple-Taxed, Fee’d and Surcharged.” This article was written in December 2021, and along the way there have been increases bringing the total charge on the Spectrum NY June 2022 bill to $23.70 a month. This one fee on the Spectrum NY Triple play bill is more than the entire charges for a triple play in many overseas EU countries.

This charge went up to $27.90 a month extra in 2023. That is an overall increase of 1,140%.

  • Quadruple Taxed, Fee’d and Surcharged. — If the increases to this one fee is not enough, there are made-up taxes, fees and surcharges being applied to this fee as it is considered ‘revenue’ to the company and is taxed as such. And some of these surcharges are actually tax pass-throughs where the company gets to have the customer pay the company’s taxes.
  • It is impossible to calculate the exact tax assessment as there is no ‘Rosetta Stone’ to be able to unravel how each tax, fee and surcharge is applied.

But, considering that basic telecom taxes can be 12–20% depending on the city and state, if a 15% tax is applied, that would add an additional $3.55 more per month.

  • Not included in the advertised price: To add irony to obfuscation, this fee is never included in the advertised rates, nor is it added completely in the promotional price, making the increases after the promotion even more egregious.
  • Not included in the EU statistics for the U.S. Triple Play: Ironically, the EU informed us that they do not include the extra charges and fees in the US because — well, the other countries only have a VAT (Value Added Tax), and not the made-up fees.
  • No Oversight, No Audits; Regulators Failed U.S.: The idea that a state-franchised cable service or the Holding Companies that control the state telecommunications public utility can just make up fees and add them to bills with no one asking for a cost analysis or some other justification to raise this make-believe charge, should have the peanut gallery screaming.
  • Public has Amnesia: No one knows who these local telecom companies are or what they’ve been able to get away with. And virtually no one could answer basic questions about who the companies are or the services they offer.
  • Let’s give government subsidies to keep America in a perpetual state of “Please Sir May I have another?” Currently there are subsidies being given to low-income families to go online, which are then handed over to the same companies that have caused this Divide in the first place; i.e.; a new flavor of Corporate Welfare. We will address these issues in an upcoming story.

The telecom holding companies that control the critical infrastructure wires, towers and antennas created the Digital Divide. They also control the pricing of all services, wireline, wireless, broadband, internet and even cable, and as we will discuss, they also were able to manipulate the accounting formulas to have the state telecom utility act as a cash machine to fund, illegally, the other lines of business.

America must go after these cooked books and must clean up the mess. There is plenty of money to get America upgraded, and it must be seen as the first step in LA County to clean up the mess and decades of public policy and regulatory issues.

Government subsidies, both state and federal, to companies who have created the Digital Divide and can control the prices and profits over the public utility wires needs immediate investigations — not more gifts of largesse.

Bruce Kushnick is Executive Director of New Networks Institute and a founding member of the Irregulators. He has been a telecom analyst for 40 years, and playing the piano for 65 years. A version of this piece originally appeared on Medium on January 9, 2024, and is reprinted with permission.

Broadband Breakfast accepts commentary from informed observers of the broadband scene. Please send pieces to commentary@breakfast.media. The views expressed in Expert Opinion pieces do not necessarily reflect the views of Broadband Breakfast and Breakfast Media LLC.

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Broadband Mapping & Data

Broadband Measurement Summit Announced for March 7

With state broadband challenges underway, Broadband Measurement Summit brings BEAD into dialogue with FCC nutrition labels.

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WASHINGTON, January 9, 2024 – Broadband Breakfast is pleased to announce the Broadband Measurement Summit on Thursday, March 7, in Washington, D.C.

This new one-day event will run from 8:30 a.m. to 3:30 p.m. and brings together the top stakeholders in understanding broadband speeds, prices, availability, reliability and competition. The Summit is in-person, but with a webcast component.

The Early Bird price of $195 available until Friday, February 9, 2024. Existing Breakfast Club Members take an additional $100 off the in-person event.

Sign up for the Broadband Measurement Summit, and visit the event page for updated information about panelists, keynotes and sponsors.

PANEL 1: THE CHALLENGE PROCESS FOR STATE BROADBAND OFFICES

Many state broadband offices are about to begin their broadband mapping challenges under the Broadband Equity, Access and Deployment grant program. This is a process for states to verify locations that are unserved (i.e., they lack access to 25 Megabits per second (Mbps) * 3 Mbps broadband), and locations that are underserved (i.e., they lack access to 100 Mbps * 20 Mbps broadband). A few advanced states have already begun, or have already completed the process. What have they learned? What “challenges” are they facing? What’s next for broadband mapping?

PANEL 2: THE VALUE OF MAPPING ASSETS BEYOND BEAD

Besides current broadband challenges, what geospatial, demographic, and operational information is important for BEAD implementation? In particular, what geospatial information do investors and operators of broadband networks need to better deploy broadband? This session will consider why mapping assets is valuable well beyond the BEAD program.

PANEL 3: THE FCC’S BROADBAND NUTRITION LABELS

As if the National Telecommunications and Information Administration’s BEAD program wasn’t enough, the Broadband Measurement Summit will consider the current status of the Federal Communications Commission’s broadband “nutrition” labels. By April 10, 2024, larger ISPs must display these new Broadband Consumer Labels at the point of sale. They must use clear, easy-to-understand, and accurate information about the cost and performance of broadband services. Internet service providers with 100,000 or fewer subscriber lines must do so by October 10, 2024. How is the FCC’s nutrition labels process going?

PANEL 4: MEASURING AND TRACKING BROADBAND PRICING

The Biden Administration’s “Internet for All” program emphasizes the important role of affordable broadband. That’s one reason that the Affordable Connectivity Program has loomed so large in discussions of America’s broadband buildout. What does the evidence show about the price of broadband in the United States versus other Western nations? How does it vary by location? As part of the more detailed and granular broadband mapping and data now being collected, is broadband pricing data being left out?

SPONSORED BY

BroadbandNow is a data aggregation company helping millions of consumers find and compare local internet options. BroadbandNow’s database of providers, the largest in the U.S., delivers the highest-value guides consisting of comprehensive plans, prices and ratings for thousands of internet service providers. BroadbandNow relentlessly collects and analyzes internet providers’ coverage and availability to provide the most accurate zip code search for consumers.

Broadband Measurement Summit Program

 


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NTIA Endorses FCC’s Proposed Increase of Broadband Speed Benchmark

The FCC sought comment on upping the definition to 100 * 20 Mbps.

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Graphic by Richard Patterson.

WASHINGTON, January 3, 2024 – The National Telecommunications and Information Administration is backing the Federal Communications Commission’s proposal to alter the definition of broadband to increase the speed benchmark. 

The current definition, set in 2015, requires a speed of 25 Megabits per second download and 3 Mbps upload for internet service to be considered broadband, or high-speed internet. The commission sought comment in November on a proposal to increase that threshold to 100 * 20 Mbps, in addition to using more data sources in its assessment of broadband availability in the U.S.

NTIA officials met with commission staff on December 21 to express support for the move, according to an ex parte letter the agency filed last week. 

“We support the Commission’s proposal to raise the speed threshold for fixed broadband to 100 Mbps downstream and 20 Mbps upstream,” the agency wrote, saying a higher benchmark would better reflect user needs and bring the standard in line with the Infrastructure Act’s Broadband Equity, Access and Deployment program, which the NTIA is tasked with managing.

That $42.5-billion broadband expansion effort already has a 100 * 20 Mbps benchmark, meaning infrastructure funded by the program will be required to provide at least that speed, and areas currently receiving slower internet will be eligible to be served with BEAD funded infrastructure. Homes and businesses receiving less than the current FCC benchmark of 25 * 3 Mbps are given special priority.

The commission is required by section 706 of the Telecommunications Act of 1996 to conduct annual assessments of the “availability of advanced telecommunications capability to all Americans.” In the same November notice of inquiry, the FCC proposed adding a number of new data points to that assessment, including latency, affordability, adoption, and equitable access among minority groups. That will partly be facilitated by the commission’s new Broadband Data Collection database, which has more precise information from internet providers.

The NTIA endorsed all of that as well, writing: “The Section 706 inquiry has the potential to serve as an important indicator of our nation’s progress toward achieving digital equity, and it will be best equipped to do so if it examines the available data on a wide range of challenges in this field.”

The agency added that it is working on a project with the Census Bureau to estimate broadband adoption in small geographic areas.

Industry response

In comments to the commission, broadband industry groups expressed broad support for the 100 * 20 Mbps benchmark, but some disagreed on the commission’s proposed long-term goal of 1 Gbps * 500 Mbps – something the NTIA did not touch on.

CTIA, a trade group representing wireless providers, wrote that while the commission noted some situations in which users require more than 100 * 20 Mbps, “none of these justifies a fixed broadband benchmark above 100 * 20 Mbps, even as a long-term goal.” That’s a view shared by WISPA, an association of wireless broadband providers.

NTCA, which represents small and rural broadband providers, advocated for an even higher long-term goal, but did not specify an exact number. Trade group INCOMPAS pushed for setting the download benchmark to 1 Gbps now, rather than in the future.

USTelecom, another broadband industry group, said the long-term 1 Gbps * 500 Mbps goal would be impractical, as the only technology capable of providing those speeds is fiber-optic cable.

“There are locations where deployment of fiber is not practical now and may never be,” the group wrote in comments to the Commission.

CTIA also opposed adding non-deployment metrics like adoption and affordability to the 706 inquiry, arguing that reporting requirements for existing Universal Service Fund programs are a better venue for assessing them.

This story was updated to reflect the current definition of broadband, 25 * 3 Mbps.

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