Rural communities’ broadband needs ignored by regulator, Congressman says

The question of the digitial divide between rural and urban residents is a major concern in the United States as well as in Canada. Republican Congressman Lee Terry of Nebraska’s Second District has recently introduced HR 5602, a bill that would require the Federal Communications Commission to look at rural issues. Representative Terry explains his position in this column. A new commercial for a major, so-called "nationwide" wireless service company features a spectacled technician roaming remote locations with his cell phone and asking, "Can you hear me now?" He receives satisfactory answers from a window-washer’s platform on an urban skyscraper, wandering in the desert, and strolling on the beach. I find his record of success amazing, but I also take note that he is not seen roaming underserved rural Nebraska. Given that in my home just 15 minutes outside the Omaha city limits I cannot get reliable wireless service, I understand why. Rural communities (and even towns near urban areas) deserve better coverage, not only for wireless, but also for access to wireline, high-speed Internet, and other broadband data transfer systems. The Federal Communications Commission has the responsibility to facilitate and encourage growth in the telecommunications sector. From my experience in Congress, however, most of the FCC’s encouragement focuses on urban centers and neglects or altogether ignores rural America. It is in rural America where this growth is needed, as well as where we find the most exciting opportunities for high speed Internet. Distance learning, telemedicine, and countless business opportunities go unrealized because the FCC is largely ignoring the few companies serving rural parts of America. As a direct result, less than five percent of communities with populations fewer than 10,000 receive broadband service. Currently, small businesses seeking to supply rural Americans with wireless, wireline, and broadband services are severely constrained. Imposing startup costs become prohibitive in areas where fiber-optic technology and structures such as microwave towers are scarce, if not nonexistent. Rural deployment is further stymied by the policymaking process at the FCC, which is dominated by large, high-profile companies serving large, high-profile, urban areas. Our made-for-TV technician gets a clear answer every time he asks, "Can you hear me now?" while small companies serving rural areas with the most pressing telecommunications needs just get static. The solution to this problem and the key to expanding telecommunication services in rural areas of our country is to amplify the voice of rural wireless, wireline, and broadband providers.A bill I introduced in the House of Representatives this month would establish a five-member Rural Issues Advisory Board within the FCC. The role of this new board, made up of unpaid industry professionals (four from rural wireline companies and a fifth from a rural wireless provider) with vested interests in successful telecommunications services in rural America, is twofold. First, board members and their staff would be charged with reviewing current FCC regulations with significant rural impact. The ongoing responsibility of the board would be to issue a Rural Impact Analysis before each new FCC rule, petition, and proceeding. The result is that the rural voice would be heard from within the FCC prior to implementation of any new rule, instead of after critical decisions have already been made. The FCC would be responsible for reviewing the board’s Rural Impact Analysis, responding to questions, and addressing concerns. If, for instance, an alternative way exists for small rural businesses to comply with an FCC regulation, the board can suggest it to FCC policymakers, who could then incorporate it into the rule. Should the FCC choose not to incorporate the board’s suggestions, then the FCC must explain its reasoning to the board and therefore, to the rural telecommunications community. The FCC has yet to fully meet the standards set out in the Regulatory Flexibility Act, which requires federal agencies to account for the needs of small businesses serving rural communities when making federal policy. The Act became public law in 1980. Regulations written for the telecommunications industry often have costly ramifications for all companies in the sector, with adverse and devastating effects on small businesses with small budgets. My legislation would address the continuing problems created by noncompliance with the Regulatory Flexibility Act by establishing legal recourse for small businesses. During the 60-day period following the issue of any guideline, a small business adversely affected can file a case in federal court charging the FCC with failure to comply with the law. In this way, the FCC and other agencies will become accountable to the businesses they are supposed to serve. On several occasions, the FCC has failed to describe its efforts to minimize the significant economic impact of its rules on small businesses. Previously the U.S. Small Business Administration has served as the only recourse for the many firms adversely affected by FCC rules. My bill includes specific measures to improve reporting and promote communication between the FCC and small telecommunications companies. A cooperative relationship between the FCC and telecommunications providers (large and small) will speed the deployment of rural communications infrastructure. Small communities throughout America deserve effective policies focused on more and better service. With adoption of the provisions in my bill, when rural telecommunications companies ask the FCC, "Can you hear me now?" the FCC will finally be able to answer, "Yes."

Rural communities’ broadband needs ignored by regulator, Congressman says

News | October 21, 2002

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