.s;l/Vla :§. ;G',d:w g~ {giJtn:ct ~n.h September 81 2015 ~e.1.1 ~de ~ ..9ta1e.1 J'?IJM& ¥ !!/byve.1~ W~ .. 9. ~ 2tJ5~5 The Honorable Tom Wheeler1 Chairman Federal Communications Commission 445Twelfth Street1 S.W. Washington1 D.C. 20554 Dear Chairman Wheeler1 l write in response to the Eleventh Broadband Progress Notice of inquiry released by the Commission last month. The notice offers a timely opportunity to adopt forward-looking policies for broadband that promote the public interest1 encourage real competition for consumers1 and enhance pricing transparency. The Commission took a historic step in January by updating its definition of high-speed broadband to better reflect the speeds consumers need to unlock everything the Internet has to offer. l welcomed that decision because it shined a light on the 55 million Americans who today lack access to advanced broadband. Broadband speed is just one factor a consumer must consider when choosing a service provider.To that end1 the Commission1 s inquiry wisely asks whether to consider factors other than speed when assessing broadband deployment, including latency and consistency of service. ln the Commission1s own words1 latency is important because it 11 affects a consumer1s ability to use real-time applications1 including interactive voice or video communication.11 As the Commission considers whether to establish a comprehensive1 consumer-friendly benchmark for broadband which includes these factors / l urge you to review the Government Accountability Office1s [GAO) April 2015 report entitled 11Broadband Performance: Additional Actions Could Help FCC Evaluate lts Efforts to lnform Consumers.111 To help consumers more easily compare and select broadband service offerings1 the GA01 s report discusses the concept of a 11voluntary labeling program1' and recommends that the Commission 11conduct or commission research on the effectiveness of [the] FCC1s efforts to provide consumers with broadband performance information and make the results of this research publicly available/' The Commission's inquiry is an appropriate proceeding to collect this information and ultimately incorporate into an updated definition of 11 advanced telecommunications capability." 1 Broadband Performance: Additional Actions Could Help FCC Evaluate Its Efforts to Inform Consumers, U.S. Government Accountability Office, http://www.gao.gov/products/GA0-15-363 (Released May 15, 2015). 917 The Commission's notice also asks whether to consider factors beyond physical deployment, including pricing and data allowances. Below-the-line fees and usage-based pricing have become standard practice for many broadband providers and should be analyzed by the FCC in the course of evaluating the state of broadband deployment. Specifically, I urge you to review the GAO's November 2014 report, entitled, "Broadband lnternet: FCC Should Track the Application of Fixed lnternet Usage-Based Pricing and Help lmprove Con.sumer Education.111 The report recommends chat the FCC work with wireline broadband providers to develop a voluntary code of conduce, similar to the Wireless Code of Conduct, to improve communication and understanding of data use and pricing by Internet consumers. Consumers deserve greater transparency and disclosure prior to signing-up for broadband service, as well as on their monthly bill. Through this inquiry, the FCC can and should ensure this information is included in the 2016 Broadband Progress Report. Finally, the notice asks whether mobile broadband services should be included in the Commission's definition of advanced telecommunications capability. Although mobile is not a substitute for high-speed wireline broadband and is technologically distinguishable, both forms of access provide a critical gateway to the internet and should be viewed as such when examining the state of broadband deployment. Furthennore1 for many traditionally disenfranchised communities including rural, tribal and minorities, mobile broadband is the primary means of accessing the Internet. ln fact, according to the Pew Research Center approximately one-third of low-income Americans are primarily smartphone dependent for Internet access and lack broadband at home.3 As an increasing number of Americans depend on mobile services for learning, employment and advancement, the Commission' .s definition of advanced telecommunications capability should fully reflect the deployment of both fixed and mobile broadband services. Thank you for the opportunity to comment on the Commission's inquiry and for your continuing leadership to ensure the public has clear and accurate information about the state of broadband deployment. Most gracefully, _Q ,~ shoo, Ranking Member mmittee on Communications and Technology nergy and Commerce Committee cc: The Honorable Mignon Clyburn, Commissioner The Honorable Jessica Rosenworcel, Commissioner The Honorable A;it P ai1 Commissioner The Honorable Michael 0'Rielly1 Commissioner 2 Broadband Internet: FCC Should Track the Application of Fixed Internet Usage-Based Pricing and Help Improve Consumer Education, U.S. Government Accountability Office, http://www.gao.gov/products/GAO-l 5-108 (Released December 2, 2014 ). 3 CTIA, Lifeline and Link Up Reform and Modernization, WC Docket No. 11-42 (Filed June 11, 2015).