No proposals for legislation or putative compromises on open Internet principles can answer questions about the proper interpretation of the statute, the correct classification of broadband Internet connectivity, or the Commission’s ultimate authority to enforce any rules related to broadband communications. Clarifying and re-establishing Commission authority over the transmission and access components of broadband Internet connectivity offerings is necessary for more than preserving the open Internet. Classifying broadband Internet connectivity service as a telecommunications service also is the best way for the Commission to achieve other National Broadband Plan goals, implement universal service fund (“USF”) reform, protect online privacy, enhance broadband-based public safety initiatives, promote broadband access for disabled users, and develop rules for transparency and truth-in-billing measures that protect broadband users.

The reply comments that follow cite abundant support in the record for the proposition that the Commission should classify wired and wireless broadband Internet connectivity as a telecommunications service. This is the best reading of the statute and the best way to achieve these vital national broadband goals efficiently and effectively. Congress may choose to act in this field, but there is no assurance of when it will or what it may do so. The Commission need not sit by in the meantime, but instead should interpret the statute faithfully, revisit classification decisions made under a prior administration, and use the authority it possesses already to regulate telecommunications services “regardless of the facilities used”7 to offer such services.

Cox was one of the network operators in the initial round of comments continuing to press the idea that broadband Internet connectivity is somehow inseparable or inextricably intertwined with operator-provided information services delivered over this broadband transmission platform.52 The cable operator indicated that it does not sell its broadband Internet connectivity service to customers separately, and that it instead bundles this capacity together with information services that it requires its customers to buy as a package.53 However, as the Public Interest Commenters explained in their initial comments, the transmission service that broadband Internet connectivity represents is not inextricably intertwined with the information services that such network operators also may make available to customers.54 Therefore, “the information services that broadband Internet connectivity service providers may bundle together with their transmission service are not legally, technically, commercially, or practicably inseparable from the underlying telecommunications service.”55 In fact, as Public Interest Commenters also explained, the regulatory classification and statutory framework for services that providers offer to customers cannot be dependent on the manner in which those services are bundled together for marketing purposes.56 Just as the Commission is not required to define an entire “triple-play” bundle (combining voice, video, and data offerings) as one type of service within the regulatory frameworks of the Act, it does not need to define broadband Internet connectivity as an “information service” simply because providers may choose also to offer email and news gathering services. That is true even if a provider, such as Cox or another broadband network operator, purports to require that its customers purchase the whole bundle of services.

Goal No. 1: At least 100 million U.S. homes should have affordable access to actual download speeds of at least 100 megabits per second and actual upload speeds of at least 50 megabits per second.

Goal No. 2: The United States should lead the world in mobile innovation, with the fastest and most extensive wireless networks of any nation.

Goal No. 3: Every American should have affordable access to robust broadband service, and the means and skills to subscribe if they so choose.

Goal No. 4: Every community should have affordable access to at least 1 gigabit per second broadband service to anchor institutions such as schools, hospitals, and government buildings.

Goal No. 5: To ensure the safety of American communities, every first responder should have access to a nationwide, wireless, interoperable broadband public safety network.

Goal No. 6: To ensure that America leads in the clean energy economy, every American should be able to use broadband to track and manage their real-time energy consumption.

The Universal Service Administrative Company (USAC) is an independent, not-for-profit corporation designated as the administrator of the federal Universal Service Fund by the Federal Communications Commission (FCC). USAC administers Universal Service Fund (USF) programs for high cost companies serving rural areas, low-income consumers, rural health care providers, and schools and libraries. The Universal Service Fund helps provide communities across the country with affordable telecommunications services.

The Universal Service Fund is one fund with four programs. The four programs are:

* High Cost - This support ensures that consumers in all regions of the nation have access to and pay rates for telecommunications services that are reasonably comparable to those in urban areas.
* Low Income - This support, commonly known as Lifeline and Link Up, provides discounts that make basic, local telephone service affordable for more than 7 million low-income consumers.
* Rural Health Care - This support provides reduced rates to rural health care providers for telecommunications and Internet services so they pay no more than their urban counterparts for the same or similar telecommunications services.
* Schools & Libraries - This support, commonly referred to as E-rate support, provides affordable telecommunications and Internet access services to connect schools and libraries to the Internet. This support goes to service providers that provide discounts on eligible services to eligible schools, school districts, libraries, and consortia of these entities.

High Cost and Low Income support is managed by the High Cost and Low Income Division (HCLID). Rural Health Care support is managed by the Rural Health Care Division (RHCD). Schools and Libraries support is managed by the Schools and Libraries Division (SLD). USAC has a diverse 19-member Board of Directors comprised of representatives of universal service stakeholders.

Current debate over the Universal Service Fund currently involves the scope of the funding, which technology types and companies should fund the program, which groups should be eligible for benefits, and the need to clean up waste and fraud in the program. Changes in technology and the marketplace have led to the need for reform of USF.

The development of new telecommunications technology is constant. Many of the services covered by the USF are related to traditional telephone technology. There is a rising concern that some of the more recent developments in telecommunications are just as important to the consumer as these older technologies. The Telecommunications Act of 1996 specifically states that "advanced services" should be accessible to all Americans [Section 254(b)(3)]. A question currently debated is whether access to broadband internet should be supported by the USF and if so, how best to fulfill such a large mandate without damaging the stability of the fund.