Tag Archives: fcc

ARL Joins Higher Education and Library Groups to Oppose Changes to Net Neutrality Rules

On May 18, 2017, the FCC voted 2-1 to move forward with its notice of proposed rulemaking to roll back net neutrality protections that were set forth in the agency’s 2015 Open Internet Order. The FCC appears to want to reverse course on Title II reclassification, which provided the strong legal basis for the no blocking, no throttling and no paid prioritization rules, and potentially give enforcement oversight to the Federal Trade Commission (FTC) instead. ARL joined higher education and library groups in issuing the following statement:

May 18, 2017

No Changes to Net Neutrality Law Necessary, say Higher Ed and Library Groups

Since the passage of the FCC’s 2015 Open Internet Order, internet users have benefited from strong and enforceable net neutrality policies, which are essential to protecting freedom of speech, educational achievement, and economic growth for all Americans. Today’s vote puts those protections in jeopardy.

Libraries and institutions of higher education are leaders in maximizing the potential of the Internet for research, education, teaching and learning, and the public good.  In the modern era, a free and open internet is essential to our public missions. The current net neutrality rules – no blocking, no throttling, and no paid prioritization, backed by a general conduct standard to ensure net neutrality adapts as the Internet evolves – generated unprecedented public support, and the validity of both the rules and the process that produced them has been affirmed by the DC Circuit Court.

Given all these factors, we believe no changes to the FCC’s 2015 Open Internet Order are necessary.  We urge the Commission to rescind the NPRM approved today and work with all stakeholders to enhance flexibility and innovation within the existing framework. Application of the rules to this point has demonstrated that the Commission can manage the regulatory environment for Internet access without undermining the sound, legal basis for network neutrality.

Should the FCC continue down the path proposed in the NPRM, however, the higher education and library communities would again draw the Commission’s attention to the network neutrality principles for which we have consistently advocated. We believe the Commission can and should frame any efforts to support an open Internet around these principles, and we will work through the rulemaking process to sustain strong network neutrality rules based on them.

We look forward to working with the FCC on ensuring that the Internet remains open.

The organizations endorsing this statement are:

American Association of Community Colleges (AACC)

American Association of State Colleges and Universities (AASCU)

American Council on Education (ACE)

American Library Association (ALA)

Association of American Universities (AAU)

Association of College & Research Libraries (ACRL)

Association of Public and Land-grant Universities (APLU)

Association of Research Libraries (ARL)

Chief Officers of State Library Agencies (COSLA)

Council of Independent Colleges

EDUCAUSE

National Association of College and University Business Officers (NACUBO)

The Future of Net Neutrality?

The net neutrality saga continues to unfold and it appears that threats against an open Internet may be at even greater risk today, given new leadership at the FCC and an Administration that has been extremely critical of net neutrality.

Net neutrality is essential for libraries and higher education to carry out our missions and ensure protection of freedom of expression, educational achievement, research and economic growth.  ARL celebrated the FCC’s 2015 Open Internet Order and the D.C. Circuit’s ruling upholding the Order. It remains under threat, however, because of ongoing litigation, efforts by members of Congress to roll back regulations, and statements by FCC Chairman Pai vowing to take a “weed whacker” to the net neutrality rules.

On March 30, 2017, higher education and library organizations reaffirmed their commitment to net neutrality and the Federal Communication Commission’s  (FCC) 2015 Open Internet Order.  This coalition sent a letter to Federal Communications Commission (FCC) Chairman Ajit Pai and Congressional leadership articulating the principles that should form the basis of any review of the Open Internet Order. These principles call on the FCC to ensure that no blocking, degradation or paid prioritization occurs.  Absent protections to ensure that the Internet remains open, the letter notes that Internet service providers have incentives to block or degrade traffic and create “fast lanes” and “slow lanes.”

While net neutrality remains critical to freedom of expression and education, it faces serious obstacles going forward. Chairman Pai not only voted against the 2015 Open Internet Order, but has been taking private meetings with large broadband providers where has has reportedly been promising to overturn net neutrality protections. While Pai has not laid out an extensive plan to address net neutrality, reports suggest that the Chairman wants to replace the protections under the Open Internet Order with “voluntary commitments” from broadband Internet service providers. Theoretically, while these “voluntary commitments” to not block or throttle traffic might be enforceable at the FTC, some note that such oversight could be extremely difficult. Moving enforcement to the FTC means that complaints can only be brought after a harm occurs, which is likely to favor the broadband providers. Additionally, because they are only “voluntary commitments,” some providers may choose not to adopt any open internet principles absent regulations to protect net neutrality. In fact, as the D.C. Circuit noted in its 2014 opinion overturning the 2010 Open Internet Order (prior to the FCC’s reclassification under Title II), broadband providers certainly have an incentive to abuse their power and discriminate or block certain types of Internet traffic:

Because all end users generally access the Internet through a single broadband provider, that provider functions as a ‘terminating monopolist,’ with power to act as a ‘gatekeeper’ with respect to edge providers that might seek to reach its end-user subscribers … this ability to act as a ‘gatekeeper’ distinguishes broadband providers from other participants in the Internet marketplace—including prominent and potentially powerful edge providers such as Google and Apple—who have no similar ‘control [over] access to the Internet

Chairman Pai is expected to release his plan on net neutrality this week, in advance of the FCC’s May agenda. However, to reverse the 2015 decision to reclassify broadband Internet service under Title II, the FCC would likely need to demonstrate substantial changes in the environment for a court to uphold such a reversal. Absent such a showing of substantial changes, a decision by the FCC to suddenly reverse course merely because of a change in leadership would likely be seen as arbitrary and capricious. ARL will closely track Chairman Pai’s plan and any FCC movement on this issue.

Meanwhile, some members of Congress continue to express an interest in rolling back the protections of the FCC’s Open Internet Order. While it is possible that some type of compromise bill could emerge in Congress to provide at least some protections for net neutrality, ultimately such a bill would weaken the rules under the 2015 Open Internet Order.

Libraries File Amicus Brief Supporting Net Neutrality

On September 21, 2015, ARL joined the American Library Association, Association of College and Research Libraries, and Chief Officers of State Library Agencies in filing an amicus brief in the Court of Appeals for the D.C. Circuit supporting the FCC’s Open Internet Order establishing rules protecting net neutrality.

The brief focuses on the importance of net neutrality for libraries and their patrons, pointing out that

As broadband subscribers, providers of Internet access points to patrons, and providers of digital content and services, libraries rely on the open character of the Internet to achieve their missions of providing equitable access to information, enhancing education and promoting life-long learning, supporting democracy and informed citizenry, and protecting intellectual freedom.

The brief points out that the FCC’s rulemaking process provided ample notice of its proposed rules, as evidenced by the extensive participation of libraries and other participants in the process.

Additionally, the brief highlights the importance of net neutrality in fulfilling their missions and serving their patrons.  The brief points out that public libraries provide broadband Internet access to their patrons, including to the roughly one-third of the population without Internet access at home.

The brief then points to several areas where libraries serve as creators and providers of content and information, often serving as edge providers.  These examples include the National Library of Medicine (NLM) which provides trillions of bytes of data each day to users; the New York Public Library’s (NYPL) digitization of content from the 1939 New York World’s Fair and creation of a free app that is used in New York public K-12 schools; Ann Arbor Public library’s production and sharing of podcasts and online interviews; the Iowa City Public Library’s digital collection of local music; the Florida Memory Project which provides free online access to archival resources from the State Library and Archives of Florida; the content created by library patrons, such as at the music created by teens at the Albany Public Library; and the Digital Public Library of America’s (DPLA) creation of a portal that delivers millions of materials from archives, libraries, museums and cultural heritage institutions to students, teachers, scholars and the public.  The brief continues:

All of these examples—which range from medical information, historical documents, cultural materials including video and audio works, and educational resources—demonstrate a clear need for an open Internet. Without bright-line rules and more general policies to preserve the open character of the Internet, access to these services and content provided by libraries may be slowed and impeded, resulting in reduced access to information and frustration for users.

The brief then turns to the issue of paid prioritization, noting that without bright-line rules banning paid prioritization, libraries and other institutions serving the public interest may not be able to pay extra fees for enhanced transmission of their content.  Prioritization risks that network operators would give priority to entertainment or other commercial content over education, civic engagement, access to information or other services.

Additionally, the brief supports the General Conduct Rule as a necessary tool to ensure that the Internet remains open and neutral.  The General Conduct Rule protects against future harms, including those made possible by technological innovations and advances.  The brief that the General Conduct Rule is supported under Title II reclassification as well as the FCC’s Section 706 authority.  The brief notes that the factors set forth by the FCC’s General Conduct Rule are sufficient to provide notice as to what conduct is not permitted.

The full brief is available for download here.

 

ARL Joins Coalition Asking House Appropriations Committee to Oppose Portions of Bill Threatening Implementation of Net Neutrality

On June 16, 2015, ARL joined a coalition of 64 public interest groups, civil rights and social justice organizations, and companies to oppose the portions of a House Appropriations bill that would threaten implementation of the FCC’s Open Internet Order, rules governing net neutrality that went into effect on June 12th.  Last week, a House Appropriations subcommittee voted in favor of the bill which includes provisions that would prevent the FCC from enforcing its Order until after litigation over the rules has ended and the full committee is expected to take up the bill this week.

The letter discusses the importance of net neutrality and cites the strong support for an open Internet.  It calls for the removal of provisions that would prevent enforcement of the FCC’s net neutrality rules, explaining:

These sections would gut the Open Internet Order, leaving the American people and economy vulnerable to blocking, discrimination, and other unreasonable practices of gatekeeper broadband providers.  These measures, buried in a spending bill that is 150 pages long, constitute a direct rebuke to the millions of people that asked for strong Net Neutrality rules.  By eliminating the FCC’s ability to protect Net Neutrality, this appropriations bill would have a chilling effect on our First Amendment rights and our economy.

 

 

Net Neutrality Rules Take Effect

On Friday, June 12, 2015, the FCC’s Open Internet Order, rules governing net neutrality, went into effect.  The FCC published its rules in the Federal Register on April 13, 2015 which reclassified broadband Internet as a common carrier under Title II, thus ensuring that the Internet cannot be divided into “fast lanes” and “slow lanes.”  The rules ban blocking, throttling and paid prioritization.  It also prohibits unreasonable interference with an the ability to select and access lawful content, applications and services.

Although broadband providers that have sued over the Open Internet Order requested to “stay” the Order and prevent the FCC’s net neutrality rules from taking effect until after litigation concludes, the Court of Appeals for the D.C. Circuit denied this request.  The denial of the stay request allows the FCC’s Order to take effect and helps preserve the open character of the Internet.

The D.C. Circuit also ruled that the lawsuit should be heard in expedited fashion, which means that oral arguments could be heard by the end of the year.

FCC Publishes Final Net Neutrality Rule; Lawsuits to Follow

On April 13, 2015, the FCC published its final Open Internet Order governing net neutrality in the Federal Register.  The rule will become effective on June 12, 2015, 60 days after its publication in the Federal Register.

ARL applauded the FCC’s vote in February to reclassify broadband Internet as a common carrier under Title II, ensuring that the Internet cannot be divided into “fast lanes” and “slow lanes,” while also retaining its Section 706 authority.  The rule bans blocking, throttling and paid prioritization.  It also prohibits unreasonable interference or unreasonably disadvantaging of an end user’s ability to select and access lawful content, applications and services, or an edge provider’s ability to make such content and services available to end users, subject to reasonable network management.

Now that the final Order has been published, a 10-day clock is triggered for legal challenges to the new rules.  While two lawsuits have already been filed, they may be considered premature because they were filed before publication in the Federal Register.  It is expected that the plaintiffs in those cases will refile, along with other lawsuits.  These lawsuits will likely be consolidated and a Judicial Panel on Multidistrict Litigation could determine, by lottery, which Circuit Court of Appeals will hear the case.

In addition to these lawsuits, Congress may attempt to overturn the order through the Congressional Review Act which allows Congress to overturn an agency regulation by a majority vote in both houses of Congress within 60 days.  However, even if Congress did overturn the FCC’s Open Internet Order, the President must sign it, or Congress must overrule a veto with a two-thirds majority.  Given President Obama’s strong support for net neutrality, including for reclassification, it seems unlikely that the FCC’s Open Internet Order would be overturned in this way.

Congress might also consider overruling the FCC’s decision through legislation.  Indeed, in January 2015, a discussion draft bill was released to create a new Title X to the Communications Act to specifically deal with broadband providers.  While the draft bill would ban paid prioritization there are several concerns regarding the discussion draft, discussed in this previous blog post.

 

New FCC Open Internet Order Incorporates Proposals Made in Filings by Libraries and Higher Education

On Thursday, February 26, 2015 the FCC adopted its Open Internet Order, ensuring that Internet providers cannot create “fast lanes” and “slow lanes” by reclassifying broadband under Title II of the Communications Act while also relying on the FCC’s authority under Section 706 of the Telecommunications Act. Relying on both sources of legal authority strengthens the ability of the FCC to protect net neutrality. As noted, in ARL’s February 26th press release, the fact sheet released by the FCC when it voted in favor of the new Order, indicated that the Commission had incorporated many of the joint principles filed by libraries and higher education organizations.

The FCC has now released the text of its Report and Order which explicitly recognizes the role of libraries and institutions of higher education, including several citations and references to comments ARL filed with other library and higher education associations in July and September of 2014. The FCC’s final order represents improvements over the initial proposed rules. ARL applauds the FCC’s decision to strongly protect the open Internet and its responsiveness to the concerns of libraries and higher education.

In its report, the FCC notes the importance of net neutrality, including for specific communities:

Open Internet rules benefit investors, innovators, and end users by providing more certainty to each regarding broadband providers’ behavior, and helping to ensure the market is conducive to optimal use of the Internet. Open Internet rules are also critical for ensuring that people living and working in rural areas can take advantage of the substantial benefits that the open Internet has to offer. In minority communities where many individuals’ only Internet connection may be through a mobile device, robust open Internet rules help make sure these communities are not negatively impacted by harmful broadband provider conduct. Such rules additionally provide essential safeguards to ensure that the Internet flourishes as a platform for education and research.

The FCC’s new rules provide for bright-line rules that prohibit blocking, throttling and paid prioritization. The Order and Report explains:

105. No-Blocking. First, we adopt a bright-line rule prohibiting broadband providers from blocking lawful content, applications, services, or non-harmful devices. This “no-blocking” principle has long been a cornerstone of the Commission’s policies. While first applied in the Internet context as part of the Commission’s Internet Policy Statement, the no-blocking concept dates back to the Commission’s protection of end users’ rights to attach lawful, non-harmful devices to communications networks.

106. No-Throttling. Second, we adopt a separate bright-line rule prohibiting broadband providers from impairing or degrading lawful Internet traffic on the basis of content, application, service, or use of non-harmful device. This conduct was prohibited under the commentary to the no-blocking rule adopted in the 2010 Open Internet Order. 241 However, to emphasize the importance of this concept we delineate under a separate rule a ban on impairment or degradation, to prevent broadband providers from engaging in behavior other than blocking that negatively impacts consumers’ use of content, applications, services, and devices.

107. No Paid Prioritization. Third, we respond to the deluge of public comment expressing deep concern about paid prioritization. Under the rule we adopt today, the Commission will ban all paid prioritization subject to a narrow waiver process.

The waiver process involves a “rare circumstance” where the “broadband provider can convincingly show that its practice would affirmatively benefit the open Internet.”

The FCC report and order notes the problem of paid prioritization, including that it will “introduce artificial barriers to entry, distort the market, harm competition, harm consumers.” In its discussion of paid prioritization, the FCC cites the comments filed by libraries and higher education in July 2014 which pointed out that “it is likely that those who are able to pay for preferential treatment will pass along their costs to their consumers and/or subscribers. In some cases, libraries and other public institutions may be among these subscribers who would then be forced to pay more for services they may broker on behalf of their patrons.”

Although Chairman Wheeler initially proposed using a “commercially reasonable” standard in assessing the conduct of broadband providers, library and higher education groups expressed concerns that this standard might not adequately protect the open character of the Internet. The final report and order reveals that the FCC has clearly listened to these concerns and instead adopts a standard that prohibits unreasonable interference with an end user’s ability to access lawful content or an edge provider’s ability to make such content available. The FCC states, “Based on the record before us, we are persuaded that adopting a legal standard prohibiting commercially unreasonable practices is not the most effective or appropriate approach for protecting and promoting an open Internet.” Rather than adopting a “commercially reasonable standard,” the FCC

adopt[s] this standard to prohibit practices in the broadband Internet access provider’s network that harm Internet openness, similar to the approach proposed by the Higher Education coalition and the Center for Democracy and Technology. Specifically, we require that:

Any person engaged in the provision of broadband Internet access service, insofar as such person is so engaged, shall not unreasonably interfere with or unreasonably disadvantage (i) end users’ ability to select, access, and use broadband Internet access service or the lawful Internet content, applications, services, or devices of their choice, or (ii) edge providers’ ability to make lawful content, applications, services, or devices available to end users. Reasonable network management shall not be considered a violation of this rule.

The FCC’s order also ensures that libraries and higher education institutions are protected under the net neutrality rules. While the definition of “mass market” remains the same as defined under the 2010 Open Internet Order (“a service marketed and sold on a standardized basis to residential customers, small businesses and other end-user customers such as schools and libraries”), the FCC recognizes the potential ambiguity in the definition. The order continues:

To be clear, ‘mass market’ includes broadband Internet access services purchased with support of the E-rate and Rural Healthcare programs, as well as any broadband Internet access service offered using networks supported by the Connect America Fund (CAF). To the extent that institutions of higher learning purchase mass market services, those institutions would be included within the scope of the schools and libraries portion of our definition.

Additionally, the Chairman’s initial proposal included “the creation of an ombudsperson to act as a watchdog to represent the interests of consumers, start-ups and small businesses.” The comments filed by libraries and higher education asked for these groups to be included in this list of interests. The FCC’s final order does this by allowing complaints by “individuals and organizations,” rather than seeming to limit access to start-ups and small businesses.

As with the FCC’s 2010 Open Internet Order, it is likely that challenges will be brought against the 2015 Order. ARL will continue to monitor these issues and work to ensure that the open character of the Internet is preserved.

 

ARL Applauds Federal Communications Commission Decision to Support Net Neutrality

Cross-posted from ARL News, originally posted on Thursday, February 26, 2015

*Updated March 4, 2015 to include links to statements by ALA and EDUCAUSE*

The US Federal Communications Commission (FCC) voted today, February 26, 2015, in favor of adopting rules to protect and promote the open Internet, also known as net neutrality. With today’s vote passing the 2015 Open Internet Order, the FCC can ensure that Internet providers do not create “fast lanes”—designated for those willing and able to pay a premium—and “slow lanes”—for everyone else—and that the Internet remains open and available to all.

The Association of Research Libraries (ARL) applauds the Open Internet Order, which reclassifies the Internet under Title II of the Communications Act and also relies upon the FCC’s authority under Section 706 of the Telecommunications Act to provide a strong legal basis to protect net neutrality. As both providers and consumers of content and services on the Internet, research libraries and their parent institutions have long relied on the open character of the Internet, including non-discriminatory access.

Deborah Jakubs, president of ARL, said, “Libraries, colleges, and universities have long championed, advanced, and provided critical intellectual freedoms such as education, research, learning, free speech, and innovation. These freedoms rely on net neutrality, and today’s vote at the FCC ensures that network operators cannot act as gatekeepers and place commercial interests above non-commercial expression.”

Ultimately, the FCC’s 2015 Open Internet Order recognizes the fact that the open Internet is increasingly critical to the way information is shared and disseminated today. ARL congratulates the FCC on its decision, which incorporates many of the joint principles filed by library and higher education organizations and will allow the research library community to continue to offer a growing number of distance learning services, online course instruction, and access to extensive digital content, as well as promote new innovations.

*Update: See statements of the American Libraries Association and EDUCAUSE.

FCC Proposes New Rules to Protect Net Neutrality

On Wednesday, February 4, 2015, Chairman Wheeler proposed long-anticipated rules governing the open Internet, also known as net neutrality, which is critical for education, research, learning, innovation and free speech.  The rules rely on the FCC’s legal authority under Title II and Section 706, will apply to fixed as well as mobile broadband, and will prohibit conduct such as blocking or paid prioritization.  These rules will be voted on at the FCC’s meeting on February 26.

The proposal reclassifies broadband under Title II of the Communications Act, subjecting broadband service to “common carriage” rules.  As noted in the fact sheet, “both the service to the end user and to the edge provider are classified under Title II.”

The proposal also relies on its authority under Section 706 of the Telecommunications Act of 1996, providing greater legal certainty: “Notably, the Verizon court held that Section 706 is an independent grant of authority to the Commission that supports adoption of Open Internet rules.  Using it here — without the limitations of the common carriage prohibition that flowed from earlier classification decisions — bolsters the Commission’s authority.”

The proposal “recognizing the advances in technology and the growing significance of wireless broadband access in recent years” applies to mobile, as well as fixed, broadband service.

It also issues several bright line rules:

  • No Blocking: broadband providers may not block access to legal content, applications, services, or non-harmful devices.

  • No Throttling: broadband providers may not impair or degrade lawful Internet traffic on the basis of content, applications, services or non-harmful devices.

  • No Paid Prioritization: broadband providers may not favor some lawful Internet traffic over other lawful traffic in exchange for consideration — in other words, no “fast lanes.” This rule also bans ISPs from prioritizing content and services of their affiliates.

The Chairman’s proposal also discusses forbearance, listing various provisions that will specifically apply as well as those that the FCC will forbear from enforcement.  The proposal states that broadband providers will not be subject to rate regulation, will not require broadband providers to contribute to the Universal Service Fund, and will not impose or authorize new taxes or fees.

By relying on both its Title II and Section 706 authority, Chairman Wheeler’s proposal will provide a strong legal basis to ensure that the open character of the Internet is preserved and that the Internet is not divided into fast lanes and slow lanes based on the ability or willingness to pay for enhanced access.

Net neutrality update: FCC and Congress simultaneously considering new rules

Federal Communications Commission

After last year’s decision by the Court of Appeals for the D.C. Circuit striking down anti-blocking and anti-discrimination provisions in the FCC’s 2010 Open Internet Order, the FCC has been considering new rules to protect net neutrality. Initially, it appeared that the FCC was likely to continue to rely on its authority under Section 706 to protect net neutrality (in the decision rejecting provisions in the FCC’s 2010 Open Internet Order, the D.C. Circuit did uphold the FCC’s broad authority to regulate broadband services). Numerous groups strongly advocated for the FCC to reclassify broadband under Title II rather than relying on Section 706.

Since the FCC’s initial Notice of Proposed Rulemaking, President Obama has come out in favor of reclassification as a means of ensuring net neutrality.

Reports now indicate that Chairman Wheeler will propose reclassification of broadband, allowing the FCC to treat broadband providers as common carriers. Reclassification will enable the FCC to protect the open character of the Internet by strengthening the legal basis for its anti-discrimination and, in particular, its anti-blocking provisions. One of the issues under consideration by the FCC is what provisions under Title II it will chose to “forbear” from or not enforce; many provisions that apply to common carriers may not be applicable to Internet service providers.

There is also a question of whether the FCC’s rules will simultaneously rely on its Section 706 authority. Using Section 706 authority as a backup will help strengthen the net neutrality rules, particularly rules against paid prioritization.

Chairman Wheeler is expected to circulate his proposal to the other commissioners on February 5, with a vote on the rules planned for February 26.

Congress

While the FCC is expected to move forward with its net neutrality rules, Congress appears to be preparing to address this issue, as well. Hearings on net neutrality were held in both the Senate and House of Representatives on January 21.

Prior to these hearings, a discussion draft bill was released on January 16, 2015 and would create a new Title X to the Communications Act to deal specifically with broadband providers, rather than reclassifying broadband providers as a common carrier under Title II or using Section 706 authority.

While the draft bill would ban paid prioritization, there are several concerns regarding the discussion draft.

First, the language in the draft bill could provide considerable discretion to Internet service providers in determining what is “reasonable network management.”

Additionally, the bill includes language that states “nothing in this section . . . prohibits reasonable efforts by a provider of broadband Internet access service to address copyright infringement or other unlawful activity.” These provisions could effectively create loopholes for broadband providers to circumvent bans against blocking or discrimination.

ARL, as a member of the Library Copyright Alliance (LCA), submitted a letter to the Senate Committee on Commerce, Science and Technology and House Committee on Energy and Commerce raising these concerns, noting that “Copyright holders could use this language to essentially enforce their copyrights, even if their claims are misleading or false.”

Another concern with the discussion draft is that the “mass market” definition in the bill does not address libraries and higher education. This was a problem with the FCC’s 2010 Open Internet Order, as well, and in an initial filing by a coalition of library and higher education organizations, including ARL, these groups noted that the definition of “mass market”

needs to be clarified to ensure that the term “other end-user customers” clearly includes institutions of higher education and other institutions that purchase standardized broadband Internet access service. Certainly, institutions of higher education are not “residential customers” or “small businesses.” There is some uncertainty about whether institutions of higher education (and their libraries) are included in the term “schools” because the term is sometimes interpreted as applying only to K-12 schools.

A similar clarification is needed in this draft bill.