What is broadband? Don’t be so quick to answer. After all, we use the term regularly without ever stopping to think about its precise meaning.
Is broadband high-speed Internet, advanced telecommunications services or just speeds higher than 200 kilobits per second (kbps)? Realizing the confusion, the U.S. Federal Communications Commission (FCC) has embarked on a mission to redefine the term.
Various Definitions of Broadband
When in doubt, consult the dictionary. The Merriam-Webster dictionary defines broadband as “operating at a wide band of frequencies” and “being a high-speed communications network.” In contrast, the American Heritage dictionary defines broadband as “having a wide band of electromagnetic frequencies.” Perhaps if we turn to Wikipedia we can find a more relevant definition. Wikipedia refers to broadband as “a signaling method that includes or handles a relatively wide band of frequencies which may be divided into channels.” While all these definitions are technically correct, they are too general to be of any real use to regulators.
Certainly, there is no better place to turn for a definition than the U.S. Communications Act itself, which defines broadband as “services and facilities with at least 200 kbps in both directions.” A term coined in 1992, the days of dial-up Internet, mind you. In addition, the FCC has used several terms to refer to the same thing. In a recent notice of inquiry, the FCC acknowledged its use the terms “broadband,” “advanced telecommunications capability” and “advanced services” interchangeably. Furthermore, according to the FCC, there is a slight difference between “broadband” and “high speed.” “High speed” is described as “services with more than 200 kbps capability in at least one direction (but not necessarily both).”
The FCC defines “first-generation data” as those services with data rates greater than 200 kbps but less than 768 kbps in the faster direction.” The FCC also defines “basic broadband tier 1” to mean “services equal to or greater than 768 kbps but less than 1.5 megabits per second in the faster direction.” There are also definitions for “broadband tier 2,” “broadband tier 3” … and “broadband tier 7.” Shall we keep going?
Is the Definition of Broadband Clear?
At the end of the day, even with all these “clarifications,” we still cannot get our hands around the term broadband. For instance, if broadband indeed refers to a throughput of 200 kbps, where is that throughput supposed to be measured? Should it be measured end-to-end or within the network. If measurement takes place within the network, then where in the network? What is to be said about the verifiability of throughput measurements? How do performance indicators, such as latency, come into the equation? The same is to be said for jitter, reliability and mobility. Since throughput reacts differently over dissimilar technologies or protocols, should this factor also be part of the definition?
The current definition, being vague at best, lends itself for mischief. For instance, broadband providers must comply with certain regulations, CALEA (wire tapping) and E911 (for voice) being some of them. So it is not unusual to find providers making conflicting statements, such as certifying to the FCC that they do not provide broadband (as defined) in order not to be subject to certain regulations that govern it, while at the same time widely advertising broadband services on their web sites.
The Broadband Term Will be Redefined
The U.S. Communications Act requires the FCC to conduct inquiries to ensure that broadband is being deployed to all Americans in a reasonable and timely manner. Over the years, the FCC has conducted five such inquiries to comply with this provision. We are in the midst of another inquiry now. Congress has ordered the FCC, through the American Recovery and Reinvestment Act of 2009 (stimulus package), to present the result of this last inquiry in a report due Feb. 17. This report is likely to contain a new definition of broadband. Let’s hope this one is definitive.
Raul Magallanes runs a Houston-based law firm focusing on telecommunications law. He may be reached at +1 (281) 317-1397 or by email at raul@ rmtelecomlaw.com.
