May, 2008

Telecommunications and Broadband Issues

Libraries serve a unique and important role in providing equitable access to information. Public, academic, and school libraries need affordable connectivity to provide their users, especially those without connectivity at home, with access to the technologies and digital information to effectively participate in the information economy, meet the needs for lifelong learning, and develop skills to effectively function in the workplace.

ALA promotes affordable advanced telecommunications services to all communities as the highest priority for its telecommunications agenda, focusing especially on “equity of access.” Because of the ever-growing public demand for access, this agenda includes:

• Build-out of affordable, national broadband services;
• Stabilization of Universal Service and the E-rate, discounts that have provided over $547 million to public libraries over the 10-year life of the program;
• Opposition to blocking of social networks; Internet safety education is the most effective tool for ensuring safe and effective Internet use;
• Preservation of network neutrality, to keep a vibrant diversity of viewpoints on the Internet.

Broadband Deployment
There are at least 83 bills in this Congress that propose to address broadband issues in various ways. ALA urges Congress to develop a long-range vision for broadband deployment and to recognize that libraries are critical partners during broadband planning and build-out. Libraries are especially important for long term service to households without any or with very slow connectivity, in rural, hard-to-reach, and low-income communities. As broadband deployment plans and projects move forward, Congress should also include libraries in all appropriate programs that foster partnerships and provide resources for broadband build-out, new applications, and Internet education.

Rural Broadband Deployment, Rural Libraries, and the Farm Bill
Amendments in the Farm, Nutrition, and Bioenergy Act of 2007 (H.R. 2419) add libraries serving rural communities into Sec. 6302 of the Senate’s version of H.R. 2419 – “Telemedicine, Library Connectivity, and Distance Learning Services in Rural Areas.” This provision makes libraries eligible to receive funding for broadband transmission facilities. This is one of several steps in ALA’s efforts to acknowledge and support the important role that libraries serve in rural areas to provide broadband services and the applications broadband enables. The amendment language promotes partnerships to help fill the missing links in extension of rural broadband services. Since there was no similar language in the House version of the Farm Bill, conferees should recognize the role that libraries can serve in partnerships and other local initiatives by being added into Sec. 6302. The conference committee continues to meet at this writing.

Broadband Mapping and Reporting
Despite the universal acknowledgement of the importance of broadband deployment, the federal government has gathered very little information to document the availability of broadband facilities and services. Both the Federal Communications Commission (FCC) and Congress have considered improving the reporting requirements on broadband providers. For instance, the Broadband Data Improvement Act (S. 1492), which has been approved by the Senate Commerce Committee and is awaiting passage by the full Senate, would require the FCC to revise its definition of broadband service and improve its reporting requirements. It also requires the Comptroller General to study broadband metrics and the Small Business Administration to study the impact of broadband speed and price on small businesses. The Broadband Census of America Act of 2007 (H.R. 3919), which passed the House in the fall of 2007, has similar requirements. The Senate version of the Farm bill also contains similar provisions. Last year, ALA submitted comments to the FCC urging it to adopt a more detailed reporting requirements by broadband providers and to change the definition of "broadband services" to reflect the need for greater capacity. In March of this year, the FCC adopted an order that creates five categories of broadband services and increases the broadband information-gathering requirements. While the FCC's order has not yet been released and will require some time to implement, it should greatly improve the ability of libraries to know what broadband facilities and services are available to them. 

Network Neutrality
The debate on network neutrality has begun again, in part because publicity surrounding a number of practices by telephone and cable companies that appear to violate the FCC principles of net neutrality. Verizon Wireless temporarily blocked NARAL from contacting its members by using text messaging, Comcast admitted to engaging in “traffic shaping” (slowing down or blocking some Internet traffic), and an independent VoIP provider recently alleged that U.S. wireless carriers routinely block its efforts to provide international call-back services. Several public interest groups have filed two separate complaints with the FCC about these practices.  The FCC recently held two hearings on the Comcast complaint, one at Harvard and the other at Stanford Universities. In testimony before the Senate Commerce Committee in April, FCC Chairman Martin said, “I believe that the Commission must remain vigilant in protecting consumers' access to content on the Internet. Thus, it is critically important that the Commission takes seriously and responds to complaints that are filed about arbitrary limits on broadband access and potential violations of our principles. Indeed, I have publicly stated that the Commission stands ready to enforce this policy statement and protect consumers' access to the Internet." It is widely expected that the FCC will issue an order finding that Comcast has violated the FCC's "four principles" for Internet openness sometime this summer.

Net Neutrality bills have also been introduced in both the Senate and the House. Senator Dorgan and Snowe introduced the Internet Freedom Preservation Act (S. 215), and Rep. Ed Markey (MA-D), Chairman of the House Telecom Subcommittee and Republican Congressman Chip Pickering introduced a House version, H.R. 5353, which codifies the FCC's four principles. The Senate Commerce Committee recently held a hearing on the Future of the Internet and reviewed the pending complaints against Comcast.

ALA supports net neutrality legislation that preserves the ability of library patrons to reach the content and services of their choice and for libraries to be able to virtually publish and make information available without threat of a “slow-down” of access to library websites because of ISPs giving preferential treatment to other companies or organizations.  While the FCC claims that it has jurisdiction to enforce its four principles without additional legislation, there is substantial doubt that the courts would uphold FCC enforcement action without additional legislation. There is now no law requiring an Internet provider to carry all Internet traffic in a non-discriminatory fashion. ALA supports efforts to ensure that the principle of net neutrality is preserved and enforced.