Section 706 of the Telecommunications Act of 1996 has played a recurring supplemental role in the Federal Communication Commission’s (FCC) efforts to reclassify Broadband Internet Access Services as a Title II common carrier telecommunications service under the auspices of Net Neutrality. Section 706 instructs the Commission to encourage the “reasonable and timely” deployment of broadband services to all Americans. In December 2023, the FCC issued a Notice of Proposed Rulemaking (NPRM) that seeks to apply legacy Title II common carrier regulation to broadband services, and, once again, the FCC plans to rely on Section 706 “as part of our authority for open Internet rules.” Section 706 is singular in its intent: that is, Congress is not concerned about promoting infrastructure in general; rather, Congress wants the Commission to remove barriers to entry to promote broadband deployment to unserved areas. For this reason, no other purpose justifies the use of Section 706. In its 2023 NPRM, the Commission makes no claim that Title II regulation removes barriers to infrastructure investment in unserved areas, and it would be nearly impossible to craft a plausible argument that it would. Section 706, then, cannot be used as a justification for Title II regulation. Equally as important, it is time to have an honest conversation about whether the goals of Section 706 are finally satisfied.

Governor Jim Justice (R-WV) has issued the preliminary approval of approximately $5.5 million in State and Local Fiscal Recovery Funds through the Line Extension Advancement and Development (LEAD) program of the West Virginia Broadband Investment Plan. These funds will be used to deploy fiber-to-the-home infrastructure capable of delivering high speeds and reliable service. Citynet, LLC will receive funding for their Pocahontas-Marlinton, Hillsboro, Slatyfork, Valley Head project located in Pocahontas County, extending broadband access to targeted locations in rural communities. This LEAD project will deploy approximately 150 miles of new fiber infrastructure to connect 601 targeted locations in Pocahontas County. Additionally, Citynet’s award will connect several locations in Valley Head, Randolph County. With Citynet’s contribution of $789,500 in matching funds, this project will create a total investment of $6,306,000. Funding for the West Virginia Broadband Investment Plan, LEAD program is provided through the West Virginia Legislature’s allocation of $100 million to create the West Virginia Broadband Development Fund.

In November 2023, the National Telecommunications and Information Administration (NTIA) published its draft national Spectrum Strategy (NSS) and asked for comments to be filed by January 2, 2024. Seventy three organizations submitted written comments by the deadline. All three major national wireless carriers filed comments, which were remarkably similar to each other in their talking points. AT&T, Verizon and T-Mobile stressed their desire to put a rush on more mid-band spectrum. And they indicated their preference for exclusive, licensed high-power spectrum, while they also expressed a certain level of disdain for dynamic spectrum sharing. The trade organization CTIA kicked off its comments by saying, “To meet growing consumer and enterprise demand for 5G, close America’s widening 5G spectrum deficit, and counter China’s global ambitions, America’s wireless providers need 1,500 megahertz of additional licensed, full-power mid-band spectrum.”

Your internet service provider could have a good idea of who you’re planning to vote for in the 2024 election as well as the gender of the last person you slept with—and it’s saving that information for later. Major internet providers, like Comcast’s Xfinity, stockpile more revealing data than users might initially realize. For example, Xfinity customers are automatically opted in to allow the company to store sensitive personal information. This could include your “race, ethnicity, political affiliations, or philosophical beliefs,” according to Xfinity’s website. Your sexual orientation, immigration status, biometric info, and precise location are also considered to be sensitive data. While Comcast does not sell this info, the company does use sensitive data in a variety of ways, like to serve up personalized ads and recommendations. The good news is that you can take steps to opt out of Comcast’s data storage—although there are limitations on how far the privacy options go.