U.S. needs universal FTTP telecom infrastructure as public utility standard

The Benton Foundation has pulled together policy positions of several Democratic presidential candidates in a blog post, 2020 Candidates Offer Plans to Extend the Reach of Broadband. Of these candidates, only Elizabeth Warren offers a plan for universal fiber to the premise (FTTP) advanced telecommunications infrastructure as a public utility. It’s a position recognizing:

1. It’s what’s needed to rapidly modernize the nation’s legacy metal cable built for the pre-digital era of telephone and cable TV service to provide the capacity to handle rapidly growing bandwidth demand;
2. There isn’t and will likely never be a viable business case for private sector investment alone to achieve this in the foreseeable future due to the high labor costs of building utility infrastructure, and;
3. There’s an inherent conflict of interest between private investment and public interests when it comes to modernizing the nation’s telecommunications infrastructure. The public interest is clearly for modernizing to FTTP to enable economic activity, education, medical care and civic engagement. The private investor interest priority isn’t necessarily modernization of telecommunications infrastructure and its positive effects but instead to offer premium, higher margin service offerings based on throughput speed tiers. Warren’s proposal includes throughput speed (symmetric 100Mbs) but only as basic service quality standard.

The goal of universal FTTP as a public utility properly establishes an infrastructure-based standard for the nation considering only a small portion of the country has FTTP connections. That’s far behind where the United States should be in 2019 given that it should have achieved near universal FTTP at least a decade ago.  It’s the right goal for where the nation is now. Not a geographic or bandwidth-based goal of extending “rural broadband” or “improving broadband maps.” Broadband and specifically the lack thereof isn't a solution but rather the primary symptom of the lack of FTTP infrastructure and the consequent weaknesses of existing metallic infrastructure. If it reached nearly every American doorstep, "broadband" speeds and maps wouldn't even be part of the lexicon.

Pennsylvania: Another underfunded, sloganistic statewide universal service initiative

Governor Wolf makes case for statewide broadband to support education - WFMZ: Restore Pennsylvania is an infrastructure initiative funded by the monetization of a severance tax. Restore Pennsylvania would invest $4.5 billion over the next four years in projects throughout the commonwealth. The initiative would address five priority infrastructure areas including high speed internet access, storm preparedness and disaster recovery, downstream manufacturing, business development, and energy infrastructure, demolition, revitalization, and renewal, and transportation capital projects.

States cannot achieve universal advanced telecom service with these kinds of woefully underfunded, sloganistic initiatives. There simply won't be enough money if the pot is shared with other infrastructure needs as it is here. In a state as large as Pennsylvania, it's doubtful there would be enough even if the entire sum was dedicated to telecom infrastructure. This is too big of a job for states to tackle on their own. The federal government must lead.

Can The States Really Pass Their Own Net Neutrality Laws? Here’s Why I Think Yes.

Wetmachine Tales of the Sausage Factory Can The States Really Pass Their Own Net Neutrality Laws? Here’s Why I Think Yes.

This is Harold Feld's analysis of the question. Feld concludes that states can in fact regulate advanced telecom services. Feld reasons that while advanced telecommunications are clearly interstate, the scope of the U.S. Federal Communications Commission's jurisdiction isn't absolute and thus may not allow it to preempt the states should they enact statutes that codify the FCC's 2015 Open Internet rulemaking. The FCC is in the process of reversing the rulemaking that placed advanced telecommunications under Title II of the federal Communications Act, designating it as a common carrier utility.

The rulemaking's so-called "net neutrality" provision barring providers from blocking or throttling traffic over their networks has drawn concern that the providers might abuse their monopoly control over networks extract revenues.

That's a prospective concern that is less relevant and pressing in many states than the lack of advanced telecommunications infrastructure that leaves many homes, schools and small businesses unable to obtain service or offered substandard service options because their areas have been redlined by legacy incumbent telephone and cable companies. The FCC's Open Internet rulemaking requires service be provided upon reasonable customer request and specifically bars discriminatory redlining.

These mandates -- and less so net neutrality -- is why the providers and their trade associations will strongly oppose any proposed state legislation based on the federal rulemaking. State lawmakers are hearing far more vocal complaints from constituents that they've been refused service or forced to use pricy, substandard wireless services that don't meet minimum FCC requirements for advanced telecommunications than concerns providers will in the future block or throttle content. The volume and urgency of those complaints have been growing over the past decade or so. In addition, during that period and increasingly in recent years, state representatives have declared advanced telecommunications infrastructure critical to support commerce, government and education.

Silicon Valley needs heartland help in net neutrality fight - Axios

Silicon Valley needs heartland help in net neutrality fight - Axios: The Bay Area has long been a bastion of support for strong net neutrality rules. Now supporters are looking somewhere else for backup: Trump country. Why it matters: With net neutrality rules under assault, proponents know they need to get the attention of policymakers with roots in the heartland to show support isn't isolated to the Silicon Valley bubble.

This is the crux of the problem defining the U.S. Federal Communications Commission 2015 Open Internet regulations as "net neutrality." It really doesn't mean much to the average telecommunications consumer. Moreover, in the heartland the real benefit of the regulations classifying Internet as a common carrier telecommunications utility service under Title II of the Communications Act is Title II's universal service and anti-redlining provisions. These are real world concerns in the heartland, where millions of Americans have been turned down for years by incumbent ISPs when they attempt to obtain landline Internet connections to their homes and small businesses.

Net neutrality hurts health care and helps porn, Republican senator claims | Ars Technica

Net neutrality hurts health care and helps porn, Republican senator claims | Ars Technica: Sen. Ron Johnson (R-Wisc.) agreed that net neutrality rules harm ISP investment and offered a lengthy analogy to explain why. Johnson said he wants to cut through the “rhetoric, slogans, and buzzwords,” before saying that enforcing net neutrality rules is like letting too many people use a bridge and ruin people’s lawns. Net neutrality rules, he said, also give pornography the same level of network access as remote medical services.

This is an unfortunate outcome of the misplaced obsession with the "net neutrality" aspect of the U.S. Federal Communications Commission's 2015 Open Internet rulemaking that erased the line between legacy and advanced telecommunications services by reclassifying Internet service as a common carrier telecommunications utility under Title II of the Communications Act. The obsession with net neutrality is so exaggerated that the term has become synonymous with the rulemaking.

The Open Internet rulemaking does properly require ISPs to treat all telecommunications traffic equally and without preference as to content. But with millions of Americans left offline and many still using circa 1994 dialup access that was state of the art when Bill Clinton was serving his first term as president, the higher value of the rulemaking is bringing Internet service under the universal service and anti-redlining requirements of Title II that have governed telephone service for decades -- and not debating whether the network should give priority to porn or any other information. Those requirements also comport with Metcalfe's Law, which holds a network is only as valuable as the number of subscribers on it.

FCC brings Internet under Lifeline program – but without universal service obligation

The U.S. Federal Communications Commission has issued a final rulemaking bringing Internet service under the Lifeline program established in 1985 requiring discounted telephone service for qualifying low-income households.

However, under the final rule, incumbent telephone companies are not required to offer discounted Internet service to a Lifeline eligible low-income household requesting service in areas where the companies have not modernized and built out their plants to provide Internet service. That contravenes the FCC’s Open Internet rulemaking adopted in 2015 classifying Internet as a common carrier telecommunications utility under Title II of the Communications Act. Title II requires Internet service be provided upon reasonable request. The final rule also exempts telephone companies receiving FCC subsidies for universal service support in high cost areas from having to provide Lifeline Internet service.

We are sympathetic to ILECs’ (Incumbent Local Exchange Carrier) concerns about requiring them to offer broadband in Census blocks within their ETC designated service areas …where broadband services are not commercially available,” the final rule states. “In addition, for recipients of high-cost support, in those areas where the provider receives high-cost support but has not yet deployed a broadband network consistent with the provider’s high-cost public interest obligation to offer broadband, the obligation to provide Lifeline broadband services does not begin until such time as the provider has deployed a broadband network and is commercially offering service to that area.”

Despite the final rule’s contravention of the FCC’s 2015 Open Internet Rulemaking, the FCC employs Orwellian doublespeak in insisting it does not:

“Our actions today are consistent with the universal service goals promulgated by Congress. Congress articulated national goals in Section 254 of the Act that services should be available at “affordable” rates and that “consumers in all regions of the nation, including low-income consumers . . . should have access to telecommunications and information services.”

UK considers universal service legislative requirement

Families face paying thousands for high speed internet access | Daily Mail Online:

Every family will win the right to demand a ‘fast’ broadband connection it was announced in the Queen’s Speech yesterday, but those in remote communities may have to pay hundreds of pounds to get it. The new Digital Economy Bill hopes to finally bring broadband technology to one million people whose properties have until now been treated as economically unviable or too difficult to provide with high-speed connections. But the legislation falls short of the Conservative Party’s manifesto pledge to ensure every home gets access to so-called ‘superfast’ broadband.

         *  *  *

Adam Marshall, of the British Chambers of Commerce said: ‘If implemented in full and at pace, this could go some way to improving the poor digital connectivity that far too many firms face.’Government sources said BT, which is in line for subsidies worth 1 billion to roll out broadband to 95 per cent of homes by the end of next year, has resisted the idea of a legal guarantee. But ministers have decided the threat of legal action is needed to ensure the final five per cent of homes also get a decent connection.

It boggles the mind to consider a relatively small island nation has so many premises still off the Internet grid in 2016. The U.S. already has a universal service/nondiscrimination requirement in law per the Federal Communications Commission's 2015 Open Internet rulemaking but is not enforcing it.

Affordability only part of the solution to #homeworkgap; lifeline goes hand in hand with universal service

Boost the homework connection - Times Union: But more can be done. For starters, on Thursday, the FCC is expected to vote on a proposal to modernize a program called Lifeline. Lifeline began more than three decades ago, when President Ronald Reagan was in the White House and rotary phones were still in style. Then and now, this program provides a discount for basic phone service. But broadband is the essential technology of our time. So it's time for the FCC to take steps to make this program broadband-capable and use it to help close the homework gap.

It should be recalled that when lifeline was implemented in 1985, the United States had achieved universal or near universal access for telephone service. Unlike today when according to the FCC's figures released earlier this year, 34 million Americans are unable to obtain telecommunications service capable of delivering high-quality voice, data, graphics and video.

Universal service is an essential component and not separate and distinct from lifeline subsidies for low income households. Another difference from 1985 is telephone service rates were tightly regulated in order to keep them affordable, unlike Internet service today. Notwithstanding the fact the FCC classified Internet service as a common carrier telecommunications utility in 2015 with its Open Internet rulemaking. Prices will naturally tend to be unaffordable for low income households in a price unregulated natural monopoly market.

Local government Internet infrastructure efforts spurred by FCC's non-enforcement of Title II, encourgement of "competition"

EPB Lays Out Plans To Provide All Of Bradley County With High-Speed Internet, TV Service; Cost Is Up To $60 Million - Chattanoogan.com: State Rep. Dan Howell, the former executive assistant to the county mayor of Bradley County, was in attendance and called broadband a “necessity” as he offered his full support to helping EPB, as did Tennessee State Senator Todd Gardenhire. “We can finally get something done,” Senator Gardenhire said. “The major carriers, Charter, Comcast and AT&T, have an exclusive right to the area and they haven’t done anything about it.”

The "exclusive right" mentioned here isn't generally a government-granted or regulated license or franchise to offer Internet service. It's actually a de facto duopoly market of legacy telephone and cable companies. Title II of the federal Communications Act recognizes that telecommunications infrastructure due to its high cost of construction and operation tends to function as a natural monopoly. In accordance with this, the Federal Communications Commission classified Internet as a telecommunications utility under Title II by adopting its Open Internet rules in 2015. But the FCC is currently not enforcing the universal service and anti-redlining provisions of Title II.

It's therefore unsurprising that barring such enforcement, local governments will attempt to fill in the gaps in unserved or poorly served areas in response to their citizens' complaints. When those living and operating businesses in landline unserved areas attempt to order Internet service, without FCC enforcement of Title II the incumbent telephone and cable companies can summarily turn them down without consequence. That leaves them little recourse other than to demand their local elected officials do something to help. The FCC's non-enforcement of these Title II provisions correlates with its current policy position advocating local government "competition" with incumbent telcos and cablecos -- in conflict with its Open Internet rules predicated on a monopolistic and non-competitive market.

Why U.S. FTTP infrastructure deployment won't follow the 20th century timeline for electrification

Here's how a colleague thinks Susan Crawford's forecast of a long winter of telecom discontent might play out in the coming years as the nation wanders in the darkness unlit by fiber to the premise. He believes "very, very few cities and no counties" have the money or the political will to pursue FTTP telecommunications infrastructure. The construction of FTTP infrastructure reaching all American homes, schools and businesses, he predicts, will play out over decades as electrification did in the early part of the 20th century. There will be 20 or 30 years of isolated private or municipal builds, followed by another 20 or 30 years of federally funded infill to cover the remaining unfibered areas. 

I disagree with the comparison to the deployment of electrical distribution infrastructure in the previous century. Information and communications technology is moving at a far faster pace in the 21st century. We're seeing robust, pent up demand for Internet service that is far outstripping the ability of Internet service providers to deliver it at reasonable, affordable rates due to widespread market failure. Americans simply will not tolerate such a prolonged wait for universal FTTP service.

Politics also argues for a much more compressed timeline than my esteemed (and anonymous for now) colleague envisions. The United States is close to or already at a political tipping point in terms of protecting the de facto monopolies of the legacy incumbent telephone and cable companies -- among the most hated and least respected institutions in the nation. That inevitable tipping point is when their lobbying currency is greatly devalued relative to consumer and business demand for Internet services that grows stronger by the day. 

Finally, the pace of technological progress is far faster than in the early 20th century. A disruptive technological development could come along that would drastically reduce the time and cost of deploying FTTP. For example, super strong and lightweight carbon fiber or nanotube sheaths that could be deployed on poles by remotely operated drones once the poles are made ready. That would greatly reduce labor costs, which is the major FTTP cost challenge. As well as maintenance costs since the sheaths would be wind resistant and squirrel proof.

Redlined in Bradley County, Tennessee

Broadband providers battle over service in Bradley County | Times Free Press: Dr. Terry Forshee, president of Cherokee Pharmacy stores in Cleveland and Dalton, is eager for that growth. He said he can't get broadband at his South Bradley County home near Red Clay State Park.

"Charter Communications has had 27 years to bring cable down to me, but I'm still three miles away from service," he said. "I'm waiting, and I call every month to both Charter and AT&T, but I can't get anyone to come to my residence."

Forshee said he is trying to build his obesity education business, Take Charge, into a national company. But that's hard to do when he can't get high-speed Internet service at home.

Sandy Wallis lives in northern Bradley County, less than a quarter-mile from where Charter Communications and AT&T lines end.

"I've lived in my house for 30 years waiting on Charter and AT&T, and I've had to send my kids into town to do their homework (where broadband is available)," she told the Chamber gathering. "We need better service."

The U.S. Federal Communications Commission's Open Internet rules adopted earlier this year require Internet Service Providers fulfill requests for service under universal service and non-discrimination provisions of the Communications Act. Internet service is treated as a common carrier telecommunications utility under the rules. So far, however, there are no indications the FCC is enforcing these requirements in response to reports of ISP redlining such as these.

Lifeline Internet access first requires universal service -- and FCC not enforcing

L.A. County backs plan to ensure Internet access for seniors and the poor - LA Times: Undergirding the county leaders' support for expanding the lifeline programs is the increasing prevalence of digital technology in the economy and social programs.

"Technology is a key component of our economy, and it is unconscionable that so many county residents lack access to broadband," said Supervisor Hilda Solis, who co-wrote the motion passed Tuesday by the board. "These individuals are being marginalized and ignored."

The policy expressed here is Internet service is now as vital as telephone service was before it. Hence per the position adopted by the county, it too requires a "lifeline" rate subsidy for lower income households to ensure universal access. However, before there can be universal access, there must be universal service.

Early this year, the U.S. Federal Communications Commission adopted its Open Internet rulemaking classifying Internet service as a common carrier telecommunications utility service like telephone service. That legal classification under the Communications Act includes a universal service obligation on providers to offer Internet service to any household requesting it. But thus far, the FCC has shown no inclination to enforce the rule, which became effective in June.

Bath Twp. man battles for broadband connection | www.daytondailynews.com

Bath Twp. man battles for broadband connection | www.daytondailynews.com: Malogorski wants to be able to show photos and videos of his work to the world online, but he has been struggling to get reliable broadband internet service for himself and his neighbors for years.

“I can’t figure out why we’re living in this hub of technology for the Midwest — Wright-Patt is the most important employer around here, so it’s very technically oriented. It doesn’t make any sense that we don’t have it,” said Malogorski, who lives on Ohio 4 between Upper Valley Road and Bath Road.

“Wright-Patterson Air Force Base is right beyond the treeline across the four-lane highway,” he said as he stood in his front yard pointing to the base, then the utility pole on his property, with AT&T and Time Warner Cable lines clearly visible above him.

This is a common example of telecommunications infrastructure disparities in the United States. Oftentimes people are located close to existing infrastructure that doesn't extend to their neighborhoods, discrediting the notion that rural areas lack infrastructure. They do have infrastructure. It's just arrayed in an incomplete, vexing crazy quilt of small "footprints" of neighborhoods with landline service and those without. That situation remains unlikely to change given the U.S. Federal Communications Commission's lack of enforcement of its policy adopted in 2015 classifying Internet service as a common carrier utility and thus mandating providers fill in the unserved pockets.

FCC's Sohn: Forget Incumbents, Build Your Own Broadband Networks | DSLReports, ISP Information

FCC's Sohn: Forget Incumbents, Build Your Own Broadband Networks | DSLReports, ISP Information: Don't wait for incumbent ISPs to build networks in uncompetitive areas, build your own networks. That was the message from FCC staffer Gigi Sohn at the NATOA Annual Conference in San Diego this week, ironically just days before Google announced that San Diego will likely be an upcoming Google Fiber launch market. According to Sohn cities tired about lackluster, uncompetitive service now have the power to do something about it.

The U.S. Federal Communications Commission's call to localities to "build your own" Internet telecommunications infrastructure likely coincides with its apparent policy not to immediately enforce its recently adopted Open Internet rulemaking classifying Internet as a common carrier telecommunications utility under Title II of the Communications Act. Notwithstanding that the FCC's order and rulemaking specifically declined to forbear enforcement of the law's anti-redlining universal service provision at Section 254(b)(3) requiring ISPs to provide access to advanced telecommunications in all regions of the nation.

Title II universal service obligation could complicate, delay Comcast-Time Warner merger

New regulations issued this month by the U.S. Federal Communications Commission reclassifying Internet access service as a common carrier telecommunications service subject to universal service requirements under Title II of the Communications Act could complicate and delay Comcast’s planned acquisition of Time Warner Cable.

Comcast is currently the dominant Internet service provider in many markets and its domination would increase if the merger is consummated. In addition, Comcast typically provides Internet bandwidth at or above the FCC’s definition of 25Mbps. While the FCC is opting to forbear several Title II provisions, the universal service requirement is not one of them. 

Utilities regulators in states where the combined companies have major market presence could well require the combined entity to provide service to all customer premises in their service territories under the Title II universal access mandate as a condition of approval of the merger. Under current market practices, cable and telephone companies deploy infrastructure to deliver Internet services in limited footprints that serve only selected neighborhoods and parts of streets and roads. To gain a green light from the California Public Utilities Commission, Comcast is offering to spend $25 million on building out infrastructure to serve unserved communities. That’s mere table crumbs that won’t go far in a state as large as California as Steve Blum of Tellus Venture Associates notes on his blog.

Imposing universal service as a merger condition would likely significantly alter the financials of the deal and potentially doom it since shareholders of both companies are likely to object to any major capital construction expenditures to expand infrastructure.

The new rules take effect June 12, 2015. Meanwhile, legacy telephone and cable companies and their trade groups have gone to court to attempt to block them from becoming law. Presumably they could argue enforcement of the universal service obligation would subject them to immediate financial harm and the rules therefore must be put on ice until the merits of their legal arguments against them can undergo judicial review. By the same token, regulators could in turn opt to put the Comcast-Time Warner consolidation on hold pending the outcome of the litigation challenging the FCC’s Title II rulemaking.

AT&T launches ultrafast Internet service in Cupertino - ContraCostaTimes.com

AT&T launches ultrafast Internet service in Cupertino - ContraCostaTimes.com: It's also unclear just who in Cupertino will be able to receive the GigaPower service. At launch, the service is available at "several thousand" homes in the city, said Terry Stenzel, vice president and general manager of the Northern California and Reno region for AT&T. But Stenzel declined to give an exact number or say what percentage of the 20,000 households in the city or what neighborhoods have access to the service, citing competitive reasons.

"They're unwilling to tell anybody. Not even me," Mayor Sinks said.

Cupertino doesn't have any commitment from AT&T to offer service to all areas of the city or to bring service to government buildings, schools or hospitals, Sinks said.

"They've stopped short of any commitment on that," he said.

Now that the U.S. Federal Communications Commission has adopted rules this month classifying Internet as a universally available common carrier telecommunications service, it's going to be more difficult as time goes on for dominant providers to cherry pick and redline neighborhoods as is being done here.

San Antonio’s size proving to be a challenge for Google Fiber - San Antonio Business Journal

San Antonio’s size proving to be a challenge for Google Fiber - San Antonio Business Journal: One of the challenges for Google is developing the infrastructure needed to support a new fiber-optic network, including a system of equipment shelters. That process is complicated because of land mass and topography.

But Google officials insist that the company continues to work with San Antonio officials and expects to have a progress report on the Alamo City’s expansion status before the end of the year.

Reading between the lines, it appears Google Fiber is facing the classic demand muni officials have made of cable providers in franchise negotiations, i.e. that the providers serve all addresses and not just some per Google Fiber's walled garden "fiberhood" infrastructure deployment strategy.

As Google Fiber looks to expand, it will likely increasingly confront this demand and choose to walk away, especially if state public utility commissions back up local governments by enforcing the U.S. Federal Communications Commission's recently adopted rules designating Internet services as common carrier utilities subject to a universal service mandate. That factor along with its limited financial resources to build costly telecommunications infrastructure will significantly limit Google Fiber's U.S. expansion under its current "own the customer" business model.

New Homeowner Has To Sell House Because Of Comcast’s Incompetence, Lack Of Competition – Consumerist

New Homeowner Has To Sell House Because Of Comcast’s Incompetence, Lack Of Competition – Consumerist

A sad tale of a consumer jerked around by incumbents and misled by the U.S. government's "broadband map" -- a major and useless component of the Federal Communications Commission's 2010 "National Broadband Plan."

And the consumer might find it hard to sell his home since not having an Internet connection is increasingly becoming like living off the grid.

Let's hope the FCC's recent policy deeming Internet as a common carrier telecommunications service requiring providers to universally serve all premises can help avoid these kinds of unfortunate circumstances that leave consumers high and dry.

Levin's Law of Internet Infrastructure Inertia may prevail over FCC universal service mandate

This week’s report and order by the U.S. Federal Communications Commission that imposes a universal service requirement on Internet infrastructure providers may do little to over the next decade to ensure all premises have access to landline Internet connections.

As they did soon after the Communications Act was amended in 1996 requiring telephone companies to share their network infrastructures with competitive providers, the large telephone companies -- joined by cable companies – could challenge the rule in the courts and drag their feet implementing it.

They might also argue that they cannot afford to provide universal service within their service territories because there are insufficient subsidies given this week’s draft order defers enforcement of Section 254(d) of the Communications Act requiring telecommunications carriers to fund universal service.

With a generation of progress toward connecting all American premises with fiber already squandered, the associated delays could buy the big incumbent telephone and cable companies another 10 years or more of business as usual, allowing them to continue to cherry pick communities, neighborhoods and roads and streets they prefer to serve and redline those they reject.

That would leave Levin's Law of Internet Infrastructure Inertia* intact and the resulting entrenched disparate access to landline Internet service that leaves about one in five U.S. homes and small businesses unable to order service.

*Blair Levin, a former U.S Federal Communications Commission official and lead author of the FCC’s 2010 National Broadband Plan observed in 2012 that the major landline ISPs had no plans to improve and build out their infrastructures. “For most Americans, five years from now, the best network available to them will be the same network they have today," Levin stated.

FCC adopts Internet universal service obligation

Finding the United States needs improved Internet access, the U.S. Federal Communications Commission today released a report and order classifying Internet service as a common carrier telecommunications service under Title II of the Communications Act. That subjects Internet service providers (ISPs) to the same common carrier universal service obligations under which telephone companies operate, requiring them to provide connections to all customers requesting service in their service territories. Harold Feld of Public Knowledge recently termed universal service “the quintessential common-carrier obligation.”

Under prior FCC rules, Internet service was classified as an information service under Title I of the Act, relieving ISPs of the obligation to provide Internet service to any premise requesting it. Consequently, for more than a decade ISPs have effectively redlined communities, neighborhoods and even portions of roads and streets by not building out their infrastructures to serve them.

The FCC's reclassification of Internet as a Title II telecommunications service invokes Section 201(a) of the Communications Act:

"It shall be the duty of every common carrier engaged in interstate or foreign communication by wire or radio to furnish such communication service upon reasonable request therefor..."

The FCC's order and rulemaking also applies Section 254(b)(3) of the Communications Act that requires ISPs to provide access to advanced telecommunications in all regions of the nation:

(3) Access in rural and high cost areas

Consumers in all regions of the Nation, including low-income consumers and those in rural, insular, and high cost areas, should have access to telecommunications and information services, including interexchange services and advanced telecommunications and information services, that are reasonably comparable to those services provided in urban areas and that are available at rates that are reasonably comparable to rates charged for similar services in urban areas.

The report and order also applies Section 214(e)(3) of the Communications Act, which empowers the FCC to "determine which common carrier or carriers are best able to provide such service to the requesting unserved community or portion thereof and shall order such carrier or carriers to provide such service for that unserved community or portion thereof."

In addition, within the scope of the FCC's action is Section 202 of the Act, which contains an anti-redlining provision barring providers from discriminating against localities in providing service. The report and order notes complaints of violations will be addressed on a case-by-case basis.

In applying most of Section 254 of the Act to ISPs, the FCC noted it rejected calls to delay or phase in its enforcement:

“Even prior to the classification of broadband Internet access service adopted here, the Commission already supported broadband services to schools, libraries, and health care providers and supported broadband-capable networks in high-cost areas. Broadband Internet access service was, and is, a key focus of those universal service policies, and classification today simply provides another statutory justification in support of these policies going forward. Under our broader section 10(a)(3) public interest analysis, the historical focus of our universal service policies on advancing end-users’ access to broadband Internet access service persuades us to give much less weight to arguments that we should proceed incrementally in this context… We therefore conclude that these universal service policy-making provisions of section 254, and the interrelated requirements of section 214(e), give us greater flexibility in pursuing those policies, and outweighs any limited incremental effects (if any) on broadband providers in this context. Because forbearance would not be in the public interest under section 10(a)(3), we apply these provisions of section 254 and 214(e) and our implementing rules with respect to broadband Internet access service.”