80_FR_23867 80 FR 23785 - Broadband Opportunity Council Notice and Request for Comment

80 FR 23785 - Broadband Opportunity Council Notice and Request for Comment

DEPARTMENT OF AGRICULTURE
Rural Utilities Service
DEPARTMENT OF COMMERCE
National Telecommunications and Information Administration

Federal Register Volume 80, Issue 82 (April 29, 2015)

Page Range23785-23787
FR Document2015-09996

In furtherance of the Presidential Memorandum entitled Expanding Broadband Deployment and Adoption by Addressing Regulatory Barriers and Encouraging Investment and Training, which established the Broadband Opportunity Council (Council), the Rural Utilities Service (RUS) and the National Telecommunications and Information Administration (NTIA) are requesting public comment to inform the deliberations of the Council.\1\ The Council's objectives are to: (i) Engage with industry and other stakeholders to understand ways the government can better support the needs of communities seeking to expand broadband access and adoption; (ii) identify regulatory barriers unduly impeding broadband deployment, adoption, or competition; (iii) survey and report back on existing programs that currently support or could be modified to support broadband competition, deployment, or adoption; and (iv) take all necessary actions to remove these barriers and realign existing programs to increase broadband competition, deployment, and adoption.\2\ We welcome input from all interested parties, including the stakeholder groups identified in the Presidential Memorandum. ---------------------------------------------------------------------------

Federal Register, Volume 80 Issue 82 (Wednesday, April 29, 2015)
[Federal Register Volume 80, Number 82 (Wednesday, April 29, 2015)]
[Notices]
[Pages 23785-23787]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-09996]


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DEPARTMENT OF AGRICULTURE

Rural Utilities Service

DEPARTMENT OF COMMERCE

National Telecommunications and Information Administration

[Docket No. 1540414365-5365-01]
RIN 0660-XC019


Broadband Opportunity Council Notice and Request for Comment

AGENCY: Rural Utilities Service, U.S. Department of Agriculture, and 
National Telecommunications and Information Administration, U.S. 
Department of Commerce.

ACTION: Notice and request for comments.

-----------------------------------------------------------------------

SUMMARY: In furtherance of the Presidential Memorandum entitled 
Expanding Broadband Deployment and Adoption by Addressing Regulatory 
Barriers and Encouraging Investment and Training, which established the 
Broadband Opportunity Council (Council), the Rural Utilities Service 
(RUS) and the National Telecommunications and Information 
Administration (NTIA) are requesting public comment to inform the 
deliberations of the Council.\1\ The Council's objectives are to: (i) 
Engage with industry and other stakeholders to understand ways the 
government can better support the needs of communities seeking to 
expand broadband access and adoption; (ii) identify regulatory barriers 
unduly impeding broadband deployment, adoption, or competition; (iii) 
survey and report back on existing programs that currently support or 
could be modified to support broadband competition, deployment, or 
adoption; and (iv) take all necessary actions to remove these barriers 
and realign existing programs to increase broadband competition, 
deployment, and adoption.\2\ We welcome input from all interested 
parties, including the stakeholder groups identified in the 
Presidential Memorandum.
---------------------------------------------------------------------------

    \1\ Memorandum for the Heads of Executive Departments and 
Agencies, Expanding Broadband Deployment and Adoption by Addressing 
Regulatory Barriers and Encouraging Investment and Training, March 
23, 2015, available at https://www.whitehouse.gov/the-press-office/2015/03/23/presidential-memorandum-expanding-broadband-deployment-and-adoption-addr.
    \2\ Fact Sheet: Next Steps in Delivering Fast, Affordable 
Broadband, March 23, 2015, available at https://www.whitehouse.gov/the-press-office/2015/03/23/fact-sheet-next-steps-delivering-fast-affordable-broadband.

DATES: Submit written comments on or before 5 p.m. Eastern time on June 
---------------------------------------------------------------------------
10, 2015.

ADDRESSES: Written comments may be submitted by email to: 
[email protected]. Include Broadband Opportunity Council in the 
subject line of the message. Comments submitted by email should be 
machine-readable and should not be copy-protected. Written comments may 
also be submitted by mail to the National Telecommunications and 
Information Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW., Room 4626, Attn: Broadband Opportunity 
Council, Washington, DC 20230. Responders should include the name of 
the person or organization filing the comment, as well as a page number 
on each page of their submissions. Paper submissions should also 
include a CD or DVD with an electronic version of the document, which 
should be labeled with the name and organization of the filer. Please 
do not include in your comments information of a confidential nature, 
such as sensitive personal information or proprietary information. All 
comments received are a part of the public record and will generally be 
posted to http://www.ntia.doc.gov/federal-register-notice/2015/broadband-opportunity-council-comments without change. All personal 
identifying information (e.g., name, address) voluntarily submitted by 
the commenter may be publicly accessible. Information obtained as a 
result of this notice may be used by the federal government for program 
planning on a non-attribution basis.

FOR FURTHER INFORMATION CONTACT: Karen Hanson, National 
Telecommunications and Information Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW., Room 4626, Washington, DC 
20230; telephone: (202) 482-0213; email: [email protected]; or 
Denise Scott, Rural Development, Rural Utilities Service, U.S. 
Department of Agriculture, 1400 Independence Avenue SW., Washington, DC 
20250; telephone: (202)720-1910; email: [email protected]. 
Please direct media inquiries to NTIA's Office of Public Affairs, (202) 
482-7002.

SUPPLEMENTARY INFORMATION:

I. Background

    On January 13, 2015, President Obama announced new Administration 
efforts to help more people, in more communities around the country, 
gain access to fast and affordable broadband.\3\ Communities across the 
country, including state, local, and tribal governments, are leveraging 
public and private investments to form new partnerships to bring world-
class Internet to their businesses, institutions, and homes. To assist 
these communities and partnerships, support economic growth, and 
promote a level playing field for all competitors, President Obama 
called on the Executive Branch agencies to remove all unnecessary 
regulatory and policy barriers to broadband build-out, adoption, and 
competition.
---------------------------------------------------------------------------

    \3\ See FACT SHEET: Broadband That Works: Promoting Competition 
& Local Choice In Next-Generation Connectivity, White House, January 
13, 2015, available at http://www.whitehouse.gov/the-press-office/2015/01/13/fact-sheet-broadband-works-promoting-competition-local-choice-next-gener.
---------------------------------------------------------------------------

    On March 23, 2015, the White House released a Presidential 
Memorandum establishing a new Broadband Opportunity Council (Council), 
co-chaired by the U.S. Departments of Commerce and Agriculture. The 
Council comprises 25 federal agencies (Member Agencies) that can play a 
role in accelerating broadband deployment and promoting the 
technology's adoption across the country. To respond to this 
Presidential Memorandum, Member Agencies will provide a list of actions 
that they can take to identify and mitigate regulatory barriers, 
incentivize investment, promote best practices, align funding policies 
and decisions, and support broadband deployment and adoption. The 
Presidential Memorandum also directs the Council to consult with state, 
local, tribal, and territorial governments, as well as 
telecommunications companies, utilities, trade associations, 
philanthropic entities, policy experts, and other interested parties to 
identify and assess regulatory barriers and determine possible actions. 
This Notice seeks public comment to bolster the Council's work and to 
improve the number and quality of ideas under consideration.

II. Objectives of This Notice

    This Notice offers an opportunity for all interested parties to 
share their perspectives and recommend actions the federal government 
can take to promote broadband deployment,

[[Page 23786]]

adoption, and competition, including by identifying and removing 
regulatory barriers unduly impeding investments in broadband 
technology.\4\
---------------------------------------------------------------------------

    \4\ NTIA defines ``broadband deployment'' as installing, 
building, provisioning, funding, or otherwise making available 
broadband infrastructure, even in cases of laying an empty duct when 
a trench is open, regardless of technology. This does not preclude 
satellite or inside wiring. Promoting ``broadband adoption'' 
includes providing public access, training, information, affordable 
devices, and/or affordable broadband service to underserved 
individuals or groups.
---------------------------------------------------------------------------

    This Notice seeks comment in several different areas: (i) Ways the 
federal government can promote best practices, modernize outdated 
regulations, promote coordination, and offer more services online; (ii) 
identification of regulatory barriers to broadband deployment, 
competition, and adoption; (iii) ways to promote public and private 
investment in broadband; (iv) ways to promote broadband adoption; (v) 
issues related to state, local, and tribal governments; (vi) issues 
related to vulnerable communities and communities with limited or no 
broadband; (vii) issues specific to rural areas; and (viii) ways to 
measure broadband availability, adoption, and speed.

III. Questions

    Commenters are encouraged to address any or all of the following 
questions. Please note in the response the number corresponding to the 
question(s). For any response, commenters may wish to consider 
describing specific goals, actions the Administration might take to 
achieve those goals, the benefits and costs associated with the action, 
whether the proposal is inter-agency or agency-specific, the rationale 
and evidence to support it, and the roles of other stakeholders. 
Specific, actionable proposals for policy mechanisms directed to the 
Executive Branch agencies included in the Council are most useful. 
Please note that the Federal Communications Commission (FCC) and the 
Federal Trade Commission (FTC) are independent regulatory agencies and 
not included in the Executive Branch. Independent agencies are not 
members of the Council, although the Presidential Memorandum strongly 
encourages them to comply with its requirements. As a result, 
commenters should focus on matters most within the control of the 
Executive Branch agencies serving on the Council.
    RUS and NTIA seek public comment on the following questions:

A. Overarching Questions

    1. How can the federal government promote best practices in 
broadband deployment and adoption? What resources are most useful to 
communities? What actions would be most helpful to communities seeking 
to improve broadband availability and use?
    2. How can the federal government best promote the coordination and 
use of federally-funded broadband assets?
    3. What federal regulations and/or statutes could be modernized or 
adapted to promote broadband deployment and adoption?
    4. As the federal government transitions to delivering more 
services online, what should government do to provide information and 
training to those who have not adopted broadband? What should the 
federal government do to make reasonable accommodations to those 
without access to broadband?
    5. How can the federal government best collaborate with 
stakeholders (state, local, and tribal governments, philanthropic 
entities, industry, trade associations, consumer organizations, etc.) 
to promote broadband adoption and deployment?

B. Addressing Regulatory Barriers to Broadband Deployment, Competition, 
and Adoption

    6. What regulatory barriers exist within the agencies of the 
Executive Branch to the deployment of broadband infrastructure?
    7. What federal programs should allow the use of funding for the 
deployment of broadband infrastructure or promotion of broadband 
adoption but do not do so now?
    8. What inconsistences exist in federal interpretation and 
application of procedures, requirements, and policies by Executive 
Branch agencies related to broadband deployment and/or adoption, and 
how could these be reconciled? One example is the variance in broadband 
speed definitions.\5\
---------------------------------------------------------------------------

    \5\ The definition of what constitutes high-speed internet, 
i.e., ``broadband,'' has evolved over time. The FCC currently 
defines broadband as 25 Mbps for download speeds and 3 Mbps for 
upload speeds. See FCC Finds US Broadband Deployment Not Keeping 
Pace, Updated Broadband Speed Benchmark to 25Mbps/3 Mbps to Reflect 
Consumer Demand, Advances in Technology, Public Notice, Federal 
Communications Commission, January 29, 2015, available at http://www.fcc.gov/document/fcc-finds-us-broadband-deployment-not-keeping-pace. USDA uses the 2014 Farm Bill's definition of broadband for 
rural service areas as 4 Mbps for download speeds and 1 Mbps for 
upload speeds.
---------------------------------------------------------------------------

    9. Are there specific regulations within the agencies of the 
Executive Branch that impede or restrict competition for broadband 
service, where residents have either no option or just one option? If 
so, what modifications could agencies make to promote competition in 
the broadband marketplace?
    10. Are there federal policies or regulations within the Executive 
Branch that create barriers for communities or entities to share 
federally-funded broadband assets or networks with other non-federally 
funded networks?
    11. Should the federal government promote the implementation of 
federally-funded broadband projects to coincide with other federally-
funded infrastructure projects? For example, coordinating a broadband 
construction project funded by USDA with a road excavation funded by 
DOT?

C. Promoting Public and Private Investment in Broadband

    12. How can communities/regions incentivize service providers to 
offer broadband services, either wired or wireless, in rural and remote 
areas? What can the federal government do to help encourage providers 
to serve rural areas?
    13. What changes in Executive Branch agency regulations or program 
requirements could incentivize last mile investments in rural areas and 
sparsely populated, remote parts of the country?
    14. What changes in Executive Branch agency regulations or program 
requirements would improve coordination of federal programs that help 
communities leverage the economic benefits offered by broadband?
    15. How can Executive Branch agencies incentivize new entrants into 
the market by lowering regulatory or policy barriers?

D. Promoting Broadband Adoption

    16. What federal programs within the Executive Branch should allow 
the use of funding for broadband adoption, but do not do so now?
    17. Typical barriers to broadband adoption include cost, relevance, 
and training. How can these be addressed by regulatory changes by 
Executive Branch agencies?

E. Issues Related to State, Local, and Tribal Governments

    18. What barriers exist at the state, local, and/or tribal level to 
broadband deployment and adoption? How can the federal government work 
with and incentivize state, local, and tribal governments to remove 
these barriers?
    19. What federal barriers do state, local, and tribal governments 
confront as they seek to promote broadband

[[Page 23787]]

deployment and adoption in their communities?
    20. What can the federal government do to make it easier for state, 
local, and tribal governments or organizations to access funding for 
broadband?
    21. How can the federal government support state, local, and tribal 
efforts to promote and/or invest in broadband networks and promote 
broadband adoption? For example, what type of capacity-building or 
technical assistance is needed?

F. Issues Related to Vulnerable Communities and Communities With 
Limited or No Broadband

    22. How can specific regulatory policies within the Executive 
Branch agencies be altered to remove or reduce barriers that prevent 
vulnerable populations from accessing and using broadband technologies? 
Vulnerable populations might include, but are not limited to, veterans, 
seniors, minorities, people with disabilities, at-risk youth, low-
income individuals and families, and the unemployed.
    23. How can the federal government make broadband technologies more 
available and relevant for vulnerable populations?

G. Issues Specific to Rural Areas

    24. What federal regulatory barriers can Executive Branch agencies 
alter to improve broadband access and adoption in rural areas?
    25. Would spurring competition to offer broadband service in rural 
areas expand availability and, if so, what specific actions could 
Executive Branch agencies take in furtherance of this goal?
    26. Because the predominant areas with limited or no broadband 
service tend to be rural, what specific provisions should Executive 
Branch agencies consider to facilitate broadband deployment and 
adoption in such rural areas?

H. Measuring Broadband Availability, Adoption, and Speeds

    27. What information about existing broadband services should the 
Executive Branch collect to inform decisions about broadband 
investment, deployment, and adoption? How often should this information 
be updated?
    28. Are there gaps in the level or reliability of broadband-related 
information gathered by other entities that need to be filled by 
Executive Branch data collection efforts?
    29. What additional research should the government conduct to 
promote broadband deployment, adoption, and competition?
    30. How might the federal government encourage innovation in 
broadband deployment, adoption, and competition?

    Dated: April 24, 2105.
Lawrence E. Strickling,
Assistant Secretary for Communications and Information.
Lisa Mensah,
Under Secretary for Rural Development.
[FR Doc. 2015-09996 Filed 4-28-15; 8:45 am]
 BILLING CODE 3510-60-P



                                                                               Federal Register / Vol. 80, No. 82 / Wednesday, April 29, 2015 / Notices                                                  23785

                                                  notice to OIRA_Submission@                              adoption.2 We welcome input from all                  SUPPLEMENTARY INFORMATION:
                                                  omb.eop.gov or fax to (202) 395–5806.                   interested parties, including the
                                                                                                                                                                I. Background
                                                    Dated: April 24, 2015.                                stakeholder groups identified in the
                                                                                                          Presidential Memorandum.                                 On January 13, 2015, President
                                                  Sarah Brabson,                                                                                                Obama announced new Administration
                                                                                                          DATES: Submit written comments on or
                                                  OAA PRA Clearance Officer.                                                                                    efforts to help more people, in more
                                                                                                          before 5 p.m. Eastern time on June 10,
                                                  [FR Doc. 2015–09979 Filed 4–28–15; 8:45 am]                                                                   communities around the country, gain
                                                                                                          2015.
                                                  BILLING CODE 3510–22–P
                                                                                                          ADDRESSES: Written comments may be
                                                                                                                                                                access to fast and affordable
                                                                                                          submitted by email to: BOCrfc2015@                    broadband.3 Communities across the
                                                                                                          ntia.doc.gov. Include Broadband                       country, including state, local, and
                                                  DEPARTMENT OF AGRICULTURE                                                                                     tribal governments, are leveraging
                                                                                                          Opportunity Council in the subject line
                                                                                                          of the message. Comments submitted by                 public and private investments to form
                                                  Rural Utilities Service                                                                                       new partnerships to bring world-class
                                                                                                          email should be machine-readable and
                                                                                                          should not be copy-protected. Written                 Internet to their businesses, institutions,
                                                  DEPARTMENT OF COMMERCE                                                                                        and homes. To assist these communities
                                                                                                          comments may also be submitted by
                                                                                                          mail to the National                                  and partnerships, support economic
                                                  National Telecommunications and                                                                               growth, and promote a level playing
                                                  Information Administration                              Telecommunications and Information
                                                                                                          Administration, U.S. Department of                    field for all competitors, President
                                                  [Docket No. 1540414365–5365–01]                         Commerce, 1401 Constitution Avenue                    Obama called on the Executive Branch
                                                                                                          NW., Room 4626, Attn: Broadband                       agencies to remove all unnecessary
                                                  RIN 0660–XC019
                                                                                                          Opportunity Council, Washington, DC                   regulatory and policy barriers to
                                                  Broadband Opportunity Council Notice                    20230. Responders should include the                  broadband build-out, adoption, and
                                                  and Request for Comment                                 name of the person or organization                    competition.
                                                                                                          filing the comment, as well as a page                    On March 23, 2015, the White House
                                                  AGENCY: Rural Utilities Service, U.S.                   number on each page of their                          released a Presidential Memorandum
                                                  Department of Agriculture, and National                 submissions. Paper submissions should                 establishing a new Broadband
                                                  Telecommunications and Information                      also include a CD or DVD with an                      Opportunity Council (Council), co-
                                                  Administration, U.S. Department of                      electronic version of the document,                   chaired by the U.S. Departments of
                                                  Commerce.                                               which should be labeled with the name                 Commerce and Agriculture. The Council
                                                  ACTION: Notice and request for                          and organization of the filer. Please do              comprises 25 federal agencies (Member
                                                  comments.                                               not include in your comments                          Agencies) that can play a role in
                                                                                                          information of a confidential nature,                 accelerating broadband deployment and
                                                  SUMMARY:    In furtherance of the                       such as sensitive personal information                promoting the technology’s adoption
                                                  Presidential Memorandum entitled                        or proprietary information. All                       across the country. To respond to this
                                                  Expanding Broadband Deployment and                      comments received are a part of the                   Presidential Memorandum, Member
                                                  Adoption by Addressing Regulatory                       public record and will generally be                   Agencies will provide a list of actions
                                                  Barriers and Encouraging Investment                     posted to http://www.ntia.doc.gov/                    that they can take to identify and
                                                  and Training, which established the                     federal-register-notice/2015/broadband-               mitigate regulatory barriers, incentivize
                                                  Broadband Opportunity Council                           opportunity-council-comments without                  investment, promote best practices,
                                                  (Council), the Rural Utilities Service                  change. All personal identifying                      align funding policies and decisions,
                                                  (RUS) and the National                                  information (e.g., name, address)                     and support broadband deployment and
                                                  Telecommunications and Information                      voluntarily submitted by the commenter                adoption. The Presidential
                                                  Administration (NTIA) are requesting                    may be publicly accessible. Information               Memorandum also directs the Council
                                                  public comment to inform the                            obtained as a result of this notice may               to consult with state, local, tribal, and
                                                  deliberations of the Council.1 The                      be used by the federal government for                 territorial governments, as well as
                                                  Council’s objectives are to: (i) Engage                 program planning on a non-attribution                 telecommunications companies,
                                                  with industry and other stakeholders to                 basis.                                                utilities, trade associations,
                                                  understand ways the government can                                                                            philanthropic entities, policy experts,
                                                                                                          FOR FURTHER INFORMATION CONTACT:
                                                  better support the needs of communities                                                                       and other interested parties to identify
                                                                                                          Karen Hanson, National
                                                  seeking to expand broadband access and                                                                        and assess regulatory barriers and
                                                                                                          Telecommunications and Information
                                                  adoption; (ii) identify regulatory barriers             Administration, U.S. Department of                    determine possible actions. This Notice
                                                  unduly impeding broadband                               Commerce, 1401 Constitution Avenue                    seeks public comment to bolster the
                                                  deployment, adoption, or competition;                   NW., Room 4626, Washington, DC                        Council’s work and to improve the
                                                  (iii) survey and report back on existing                20230; telephone: (202) 482–0213;                     number and quality of ideas under
                                                  programs that currently support or                      email: khanson@ntia.doc.gov; or Denise                consideration.
                                                  could be modified to support broadband                  Scott, Rural Development, Rural                       II. Objectives of This Notice
                                                  competition, deployment, or adoption;                   Utilities Service, U.S. Department of
                                                  and (iv) take all necessary actions to                                                                           This Notice offers an opportunity for
                                                                                                          Agriculture, 1400 Independence Avenue                 all interested parties to share their
                                                  remove these barriers and realign                       SW., Washington, DC 20250; telephone:
                                                  existing programs to increase broadband                                                                       perspectives and recommend actions
                                                                                                          (202)720–1910; email: Denise.Scott1@                  the federal government can take to
                                                  competition, deployment, and                            wdc.usda.gov. Please direct media
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                                                                                promote broadband deployment,
                                                    1 Memorandum for the Heads of Executive
                                                                                                          inquiries to NTIA’s Office of Public
                                                  Departments and Agencies, Expanding Broadband           Affairs, (202) 482–7002.                                3 See FACT SHEET: Broadband That Works:

                                                  Deployment and Adoption by Addressing                                                                         Promoting Competition & Local Choice In Next-
                                                  Regulatory Barriers and Encouraging Investment            2 Fact Sheet: Next Steps in Delivering Fast,        Generation Connectivity, White House, January 13,
                                                  and Training, March 23, 2015, available at https://     Affordable Broadband, March 23, 2015, available at    2015, available at http://www.whitehouse.gov/the-
                                                  www.whitehouse.gov/the-press-office/2015/03/23/         https://www.whitehouse.gov/the-press-office/2015/     press-office/2015/01/13/fact-sheet-broadband-
                                                  presidential-memorandum-expanding-broadband-            03/23/fact-sheet-next-steps-delivering-fast-          works-promoting-competition-local-choice-next-
                                                  deployment-and-adoption-addr.                           affordable-broadband.                                 gener.



                                             VerDate Sep<11>2014   17:18 Apr 28, 2015   Jkt 235001   PO 00000   Frm 00025   Fmt 4703   Sfmt 4703   E:\FR\FM\29APN1.SGM   29APN1


                                                  23786                        Federal Register / Vol. 80, No. 82 / Wednesday, April 29, 2015 / Notices

                                                  adoption, and competition, including by                 A. Overarching Questions                                where residents have either no option or
                                                  identifying and removing regulatory                        1. How can the federal government                    just one option? If so, what
                                                  barriers unduly impeding investments                    promote best practices in broadband                     modifications could agencies make to
                                                  in broadband technology.4                               deployment and adoption? What                           promote competition in the broadband
                                                     This Notice seeks comment in several                 resources are most useful to                            marketplace?
                                                  different areas: (i) Ways the federal                   communities? What actions would be                        10. Are there federal policies or
                                                  government can promote best practices,                  most helpful to communities seeking to                  regulations within the Executive Branch
                                                  modernize outdated regulations,                         improve broadband availability and                      that create barriers for communities or
                                                  promote coordination, and offer more                    use?                                                    entities to share federally-funded
                                                  services online; (ii) identification of                    2. How can the federal government                    broadband assets or networks with other
                                                  regulatory barriers to broadband                        best promote the coordination and use                   non-federally funded networks?
                                                  deployment, competition, and adoption;                  of federally-funded broadband assets?                     11. Should the federal government
                                                  (iii) ways to promote public and private                   3. What federal regulations and/or                   promote the implementation of
                                                  investment in broadband; (iv) ways to                   statutes could be modernized or adapted                 federally-funded broadband projects to
                                                  promote broadband adoption; (v) issues                  to promote broadband deployment and                     coincide with other federally-funded
                                                  related to state, local, and tribal                     adoption?                                               infrastructure projects? For example,
                                                  governments; (vi) issues related to                        4. As the federal government                         coordinating a broadband construction
                                                  vulnerable communities and                              transitions to delivering more services                 project funded by USDA with a road
                                                  communities with limited or no                          online, what should government do to                    excavation funded by DOT?
                                                  broadband; (vii) issues specific to rural               provide information and training to                     C. Promoting Public and Private
                                                  areas; and (viii) ways to measure                       those who have not adopted broadband?                   Investment in Broadband
                                                  broadband availability, adoption, and                   What should the federal government do
                                                  speed.                                                  to make reasonable accommodations to                      12. How can communities/regions
                                                                                                          those without access to broadband?                      incentivize service providers to offer
                                                  III. Questions                                             5. How can the federal government                    broadband services, either wired or
                                                                                                          best collaborate with stakeholders (state,              wireless, in rural and remote areas?
                                                     Commenters are encouraged to                         local, and tribal governments,                          What can the federal government do to
                                                  address any or all of the following                     philanthropic entities, industry, trade                 help encourage providers to serve rural
                                                  questions. Please note in the response                  associations, consumer organizations,                   areas?
                                                  the number corresponding to the                         etc.) to promote broadband adoption                       13. What changes in Executive Branch
                                                  question(s). For any response,                          and deployment?                                         agency regulations or program
                                                  commenters may wish to consider                                                                                 requirements could incentivize last mile
                                                  describing specific goals, actions the                  B. Addressing Regulatory Barriers to
                                                                                                                                                                  investments in rural areas and sparsely
                                                  Administration might take to achieve                    Broadband Deployment, Competition,
                                                                                                                                                                  populated, remote parts of the country?
                                                  those goals, the benefits and costs                     and Adoption
                                                                                                                                                                    14. What changes in Executive Branch
                                                  associated with the action, whether the                    6. What regulatory barriers exist                    agency regulations or program
                                                  proposal is inter-agency or agency-                     within the agencies of the Executive                    requirements would improve
                                                  specific, the rationale and evidence to                 Branch to the deployment of broadband                   coordination of federal programs that
                                                  support it, and the roles of other                      infrastructure?                                         help communities leverage the
                                                  stakeholders. Specific, actionable                         7. What federal programs should                      economic benefits offered by
                                                  proposals for policy mechanisms                         allow the use of funding for the                        broadband?
                                                  directed to the Executive Branch                        deployment of broadband infrastructure                    15. How can Executive Branch
                                                  agencies included in the Council are                    or promotion of broadband adoption but                  agencies incentivize new entrants into
                                                  most useful. Please note that the Federal               do not do so now?                                       the market by lowering regulatory or
                                                  Communications Commission (FCC)                            8. What inconsistences exist in federal              policy barriers?
                                                  and the Federal Trade Commission                        interpretation and application of
                                                  (FTC) are independent regulatory                        procedures, requirements, and policies                  D. Promoting Broadband Adoption
                                                  agencies and not included in the                        by Executive Branch agencies related to                    16. What federal programs within the
                                                  Executive Branch. Independent agencies                  broadband deployment and/or adoption,                   Executive Branch should allow the use
                                                  are not members of the Council,                         and how could these be reconciled? One                  of funding for broadband adoption, but
                                                  although the Presidential Memorandum                    example is the variance in broadband                    do not do so now?
                                                  strongly encourages them to comply                      speed definitions.5                                        17. Typical barriers to broadband
                                                  with its requirements. As a result,                        9. Are there specific regulations                    adoption include cost, relevance, and
                                                  commenters should focus on matters                      within the agencies of the Executive                    training. How can these be addressed by
                                                  most within the control of the Executive                Branch that impede or restrict                          regulatory changes by Executive Branch
                                                  Branch agencies serving on the Council.                 competition for broadband service,                      agencies?
                                                     RUS and NTIA seek public comment
                                                  on the following questions:
                                                                                                            5 The definition of what constitutes high-speed       E. Issues Related to State, Local, and
                                                                                                          internet, i.e., ‘‘broadband,’’ has evolved over time.   Tribal Governments
                                                                                                          The FCC currently defines broadband as 25 Mbps
                                                    4 NTIA defines ‘‘broadband deployment’’ as            for download speeds and 3 Mbps for upload speeds.         18. What barriers exist at the state,
                                                  installing, building, provisioning, funding, or         See FCC Finds US Broadband Deployment Not
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                                                                                                                                                                  local, and/or tribal level to broadband
                                                  otherwise making available broadband                    Keeping Pace, Updated Broadband Speed
                                                  infrastructure, even in cases of laying an empty        Benchmark to 25Mbps/3 Mbps to Reflect Consumer
                                                                                                                                                                  deployment and adoption? How can the
                                                  duct when a trench is open, regardless of               Demand, Advances in Technology, Public Notice,          federal government work with and
                                                  technology. This does not preclude satellite or         Federal Communications Commission, January 29,          incentivize state, local, and tribal
                                                  inside wiring. Promoting ‘‘broadband adoption’’         2015, available at http://www.fcc.gov/document/         governments to remove these barriers?
                                                  includes providing public access, training,             fcc-finds-us-broadband-deployment-not-keeping-
                                                  information, affordable devices, and/or affordable      pace. USDA uses the 2014 Farm Bill’s definition of
                                                                                                                                                                    19. What federal barriers do state,
                                                  broadband service to underserved individuals or         broadband for rural service areas as 4 Mbps for         local, and tribal governments confront
                                                  groups.                                                 download speeds and 1 Mbps for upload speeds.           as they seek to promote broadband


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                                                                               Federal Register / Vol. 80, No. 82 / Wednesday, April 29, 2015 / Notices                                          23787

                                                  deployment and adoption in their                          30. How might the federal government                guidance on this subject matter for
                                                  communities?                                            encourage innovation in broadband                     trademark examining attorneys,
                                                     20. What can the federal government                  deployment, adoption, and                             trademark applicants, and registration
                                                  do to make it easier for state, local, and              competition?                                          owners.
                                                  tribal governments or organizations to                    Dated: April 24, 2105.                                 In accordance with the Internet usage
                                                  access funding for broadband?                                                                                 policy as adopted in 1999, patent
                                                                                                          Lawrence E. Strickling,
                                                     21. How can the federal government                                                                         examiners may communicate via the
                                                                                                          Assistant Secretary for Communications and
                                                  support state, local, and tribal efforts to                                                                   Internet only with individuals who have
                                                                                                          Information.
                                                  promote and/or invest in broadband                                                                            a written authorization in the
                                                                                                          Lisa Mensah,                                          application. See MPEP 502.03 (9th ed.
                                                  networks and promote broadband                          Under Secretary for Rural Development.
                                                  adoption? For example, what type of                                                                           2014). This Internet usage policy also
                                                                                                          [FR Doc. 2015–09996 Filed 4–28–15; 8:45 am]           applies to USPTO video conferencing
                                                  capacity-building or technical assistance
                                                  is needed?                                              BILLING CODE 3510–60–P                                tools, such as WebEx, used by patent
                                                                                                                                                                examiners.
                                                  F. Issues Related to Vulnerable                                                                                  The USPTO is updating its Internet
                                                  Communities and Communities With                        DEPARTMENT OF COMMERCE                                usage policy by modifying the
                                                  Limited or No Broadband                                                                                       authorization requirements for patent
                                                                                                          Patent and Trademark Office                           examination to now include oral
                                                    22. How can specific regulatory
                                                  policies within the Executive Branch                    [Docket No.: PTO–P–2015–0008]                         authorization for video conferencing
                                                  agencies be altered to remove or reduce                                                                       tools such as WebEx in view of the more
                                                                                                          Change to Internet Usage Policy To                    prevalent and accepted use of electronic
                                                  barriers that prevent vulnerable
                                                                                                          Permit Oral Authorization for Video                   communications and improvements in
                                                  populations from accessing and using
                                                                                                          Conferencing Tools by Patent                          internet security. The USPTO will now
                                                  broadband technologies? Vulnerable
                                                                                                          Examiners                                             accept oral authorization by the patent
                                                  populations might include, but are not
                                                  limited to, veterans, seniors, minorities,                                                                    applicant/practitioner (practitioner) to
                                                                                                          AGENCY: United States Patent and
                                                  people with disabilities, at-risk youth,                                                                      participate in a video conference.
                                                                                                          Trademark Office, Commerce.
                                                                                                                                                                Practitioners may request a video
                                                  low-income individuals and families,                    ACTION: Notice.
                                                                                                                                                                conference just as they would request a
                                                  and the unemployed.
                                                                                                          SUMMARY:   The United States Patent and               telephone or in-person interview with
                                                    23. How can the federal government
                                                                                                          Trademark Office (USPTO) established                  the examiner. For applicants that are
                                                  make broadband technologies more
                                                                                                          an Internet usage policy in 1999, and                 juristic entities, see MPEP 401, which
                                                  available and relevant for vulnerable                                                                         explains that a juristic entity must be
                                                  populations?                                            this Internet usage policy permits patent
                                                                                                          examiners to communicate via the                      represented by a registered practitioner.
                                                  G. Issues Specific to Rural Areas                       Internet only with individuals who have                  Under the updated Internet usage
                                                                                                          a written authorization in the                        policy, patent examiners may now use
                                                    24. What federal regulatory barriers                                                                        USPTO video conferencing tools, e.g.,
                                                  can Executive Branch agencies alter to                  application. This Internet usage policy
                                                                                                          also applies to USPTO video                           WebEx, to conduct examiner interviews
                                                  improve broadband access and adoption                                                                         in both published and unpublished
                                                  in rural areas?                                         conferencing tools such as WebEx for
                                                                                                          use by patent examiners. The USPTO is                 applications without written
                                                    25. Would spurring competition to                                                                           authorization in the application.
                                                  offer broadband service in rural areas                  updating its Internet usage policy by
                                                                                                                                                                Authorization by the practitioner
                                                  expand availability and, if so, what                    modifying the authorization
                                                                                                                                                                (which may be oral) to conduct a video
                                                  specific actions could Executive Branch                 requirements to now permit oral
                                                                                                                                                                conference is still required and must be
                                                  agencies take in furtherance of this goal?              authorization for video conferencing
                                                                                                                                                                obtained prior to sending a meeting
                                                    26. Because the predominant areas                     tools, such as WebEx, to be provided by
                                                                                                                                                                invitation using email, calendar/
                                                  with limited or no broadband service                    the patent applicant/practitioner to
                                                                                                                                                                scheduler applications, or USPTO video
                                                  tend to be rural, what specific                         patent examiners before an interview is
                                                                                                                                                                conferencing tools. Authorization is
                                                  provisions should Executive Branch                      conducted.
                                                                                                                                                                required to confirm that the practitioner
                                                  agencies consider to facilitate                         DATES: Effective: The change to the                   is able to conduct a video conference
                                                  broadband deployment and adoption in                    Internet usage policy set forth in this               and to confirm the email address to
                                                  such rural areas?                                       notice is effective on April 29, 2015.                which the invitation will be sent. The
                                                                                                          FOR FURTHER INFORMATION CONTACT:                      patent examiner should note on the
                                                  H. Measuring Broadband Availability,                    Mark Polutta, Senior Legal Advisor,
                                                  Adoption, and Speeds                                                                                          record the details of the authorization
                                                                                                          Office of Patent Legal Administration,                either in the interview summary or a
                                                    27. What information about existing                   Office of the Deputy Commissioner for                 separate communication. This
                                                  broadband services should the                           Patent Examination Policy at (571) 272–               authorization is limited to the video
                                                  Executive Branch collect to inform                      7709.                                                 conference interview being arranged
                                                  decisions about broadband investment,                   SUPPLEMENTARY INFORMATION: The                        (including the meeting invitation) and
                                                  deployment, and adoption? How often                     USPTO adopted an Internet usage                       does not extend to other
                                                  should this information be updated?                     policy in 1999. See Internet Usage                    communications regarding the
                                                    28. Are there gaps in the level or                    Policy, 64 FR 33056 (June 21, 1999). The              application.
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                                                  reliability of broadband-related                        Patents portion of the Internet usage                    Although this change in Internet
                                                  information gathered by other entities                  policy has been incorporated into                     usage policy provides applicant’s
                                                  that need to be filled by Executive                     section 502.03 of the Manual of Patent                representative with an alternative to
                                                  Branch data collection efforts?                         Examining Procedure (MPEP). The                       providing a written authorization to
                                                    29. What additional research should                   Trademarks portion of the Internet                    conduct an interview using USPTO
                                                  the government conduct to promote                       usage policy has been superseded by the               video conferencing tools, the best
                                                  broadband deployment, adoption, and                     Trademark Manual of Examining                         practice is to have such written
                                                  competition?                                            Procedure, which contains the relevant                authorization of record in the file.


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Document Created: 2015-12-16 08:26:24
Document Modified: 2015-12-16 08:26:24
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice and request for comments.
DatesSubmit written comments on or before 5 p.m. Eastern time on June
ContactKaren Hanson, National Telecommunications and Information Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Room 4626, Washington, DC 20230; telephone: (202) 482-0213; email: [email protected]; or Denise Scott, Rural Development, Rural Utilities Service, U.S. Department of Agriculture, 1400 Independence Avenue SW., Washington, DC 20250; telephone: (202)720-1910; email: [email protected] Please direct media inquiries to NTIA's Office of Public Affairs, (202) 482-7002.
FR Citation80 FR 23785 
RIN Number0660-XC01

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