DISSENTING STATEMENT OF
COMMISSIONER ROBERT M. McDOWELL
Re: Inquiry Concerning the Deployment of Advanced Telecommunications Capability to All 
Americans in a Reasonable and Timely Fashion, and Possible Steps to Accelerate Such 
Deployment Pursuant to Section 706 of the Telecommunications Act of 1996, as Amended 
by the Broadband Data Improvement Act; A National Broadband Plan for Our Future, 
GN Docket Nos. 09-137, 09-51, Sixth Broadband Deployment Report
Section 706 of the Telecommunications Act of 1996 requires that the FCC determine 
whether “advanced telecommunications capability is being deployed to all Americans in a 
reasonable and timely fashion.”  In all previous reports dating back to 1999, the FCC has 
answered “yes” to that question.  In this Report, however, the answer is “no” for the first time.  
This 180 degree reversal is unsettling considering that since the issuance of the Commission’s 
first Section 706 Report, America has made impressive improvements in developing and 
deploying broadband infrastructure and services.  In fact, referencing findings from the National 
Broadband Plan, this Report even states that “95% of the U.S. population lives in housing units 
with access to terrestrial, fixed broadband infrastructure capable of supporting actual download 
speeds of at least 4 Mbps.”  I am concerned that this Report fails to provide sufficient justification 
as to why the Commission is reversing course from previous reports. 
Instead of focusing on the great strides that America has made in broadband deployment, 
as the Act requires, this Report emphasizes subscribership.  Collecting granular data, including 
subscribership numbers, is important.  But, subscribership data  does not equate to the 
“availability” of broadband, which is what Congress requires the Commission to assess under 
Section 706.  In many instances the Report confuses the facts by substituting the terms 
“deployment” and “subscribership” as if they were synonymous and interchangeable.  They are 
not.  “Deployment” and “subscribership” are two distinct concepts with different attributes and 
areas for improvement.  Our task is to focus on Congress’ explicit directive to analyze 
deployment progress for purposes of the Section 706 Report.  Today, however, the majority is 
sidelining the deployment figure of 95 percent in favor of a seemingly smaller subscribership 
number.  It is only reasonable to question the rationale behind this confusing pivot. 
The plain language of Section 706 was written with a deregulatory bent, but I am 
concerned that regulating with a light touch is not what this current Report will be used for in the 
future.  In Section 706(b), Congress stated that “[i]f the Commission’s determination is negative, 
it shall take immediate action to accelerate deployment of such capability by removing barriers to 
infrastructure investment and by promoting competition in the telecommunications market.”  
Today’s Report concludes that the Commission will meet this statutory requirement by 
addressing the National Broadband Plan’s proposals.  It is unclear where that conclusion will 
lead, however.  As a result of proceedings recently initiated by the Commission – such as the 
Notice of Inquiry asking whether the Commission should regulate 21st Century broadband 
Internet access services under old common carrier rules – I question whether this Report will be 
used to justify additional regulation, contrary to the Act’s goal of “removing barriers to 
infrastructure investment.”  
The Commission should focus its resources and energy on connecting the 7 million 
households that currently do not have access to high-speed Internet.  Although broadband has 
proliferated across America faster than any other transformative modern technology, the small 
percentage of Americans who do not have access to it deserve our highest priority.  Not only does 
connecting the unserved make for sound public policy, it is also Congress’ mandate to us as 
explicitly called for in the Act.  Reforming our Universal Service subsidy program coupled with 
opening windows of opportunity for the construction of new delivery platforms, such as wireless 
broadband, can be accomplished without contorting data and conclusions or laying a predicate for 
more regulation.  Doing the latter only undermines the pursuit of our Congressional directives. 
Therefore, I respectfully dissent.