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July 12, 2021
Raising the Minimum Fixed Broadband Speed Benchmark:
Background and Selected Issues

The Coronavirus Disease 2019 (COVID-19) pandemic
demonstrated the impact that bro adb and (i.e., high-speed
internet access)-or a lack thereof-has on daily life.
Broadband service is provided over many types of
technologies, including cable, telephone wire, fiber,
satellite, and mobile and fixed wireless. The Federal
Communications Commission (FCC) has set a minimum
fixed broadband speedthat serves as thebenchmarkfor its
determination whether broadband is being deployed to all
Americans in areasonable and timely fashion. It is
directed to make this determinationby Section706(b)of
the Telecommunications Act of 1996 (P.L. 104-104)
(Section 706 hereinafter). If its determination is negative,
the FCC is directed to take action to accelerate deployment
through theestablishment of new broadband programs or to
use regulatory tools to remove barriers to infrastructure
investment and competition.
Currently, the FCC's minimum fixed broadband speed
benchmarkis 25 megabits per second (Mbps) for
downloading and 3 Mbps for uploading data, commonly
referred to as 25/3 Mbps. There are many online
applications for which 25/3 Mbps is adequate-browsing,
email, and video streaming to a single device. However,
some stakeholders are calling for a higher benchmark,
citing a variety of uses thatrequire increased speeds. For
example, faster speeds would allow multiple users in a
household to simultaneously participate in high-definition
video conferencing for workor school, browse, stream
videos, and play online games. Additionally, faster speeds
may allow users to keep up with future bandwidth demands
associated with a shift of many household functions online,
such as phone and television service, thermostats, video
doorbells and security cameras, and connected appliances.
According to the FCC, 14.5 million Americans currently
lack broadband at the 25/3 Mbps benchmark. Congress
might considerhow to best ensure the provision of adequate
broadband s ervice to areas and users that currently lackit
and encourage the development and provision of faster
broadband service across new and existing networks. An
additionalconsideration is what benchmark speed would
allow the multiple uses identified above, but is not so high
as to make build-out costs prohibitive.
The Federal Communications
Commission and Section 706
Section 706 requires the FCC, an independent government
agency overseenby Congress, to determine annually
whether broadband is being deployed to all Americans on a
reasonable and timely basis. It does soby collecting data on
whether broadband service that meets the speed benchmark
is available to users in a geographic area. As part of this
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assessment, the FCC also considers whether the minimum
benchmarkspeedis appropriate. In 2015, the FCC, citing
changing broadband use patterns with multiple devices
requiring broadband service within a household, raised its
benchmarkfrom4/1 Mbps to 25/3 Mbps. In 2021, the FCC
concluded thatbroadband service is being deployed in a
reasonable and timely fashion, and that the25/3 Mbps
benchmark continued to be appropriate.
Policy Considerations Associated with
Raising the Minimum Fixed Broadband
Speed Benchmark
FCC 706 Determination
Raising the minimum speed benchmarkmay make it more
likely that the FCC would find that broadband deployment
is not occurring in a reasonable and timely fashion and
increase thenumber ofhouseholds it considers unserved.
This may precipitate the need for the FCC to take further
action in the formof new broadband programs or initiatives
to speed deployment, or regulatory action-such as
streamlining infrastructure deploymentrules.
The FCC may also consider the adequacy of broadband
adoption-if broadband is physically deployed to a
particular area but is not affordable-under Section 706.
Additionally, the affordability of devices such as
smartphones, laptops, andtablets may leave some users
unable to take advantage of broadbandevenifit is
available, which the FCC may decide to address through
subsidy programs.
Consistent Federal Agency Speed Thresholds
Federal agencies administering broadband programs use
minimum speed benchmarks to identify areas of the country
where broadband providers may be eligible to receive
subsidies to provide service that meets or exceeds the
benchmark. There are inconsistencies across agencies. For
example, the FCC broadband benchmark is 25/3 Mbps,
while the U.S. Department of Agriculture uses 10/1 Mbps.
Whetherornot theFCCincreases its minimumspeed
benchmark, Congress might consider specifying the FCC
benchmark as the standard for all federal agencies
administering broadband programs.
A potential consequence ofraising the speed benchmarkis
that federal funds intended to provide serviceto areas
currently without any broadband service may be redirected
to areas that currently meet the existing 25/3 Mbps
benchmark for upgrades to existing networks. In many
cases, networkupgrades are less costly than deploying new
networks in sparsely populated andremote areas, or areas
with difficult terrain. Congress may want to consider
.congress.gov

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