Broadband choice reduction by Brendan Carr's FCC: Difference between revisions

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==Background==
==Background==
 
In March 2024, then-FCC Chairwoman Jessica Rosenworcel announced a proposal aimed at increasing tenant's choice at choosing their ISP for internet access in multi-tenant buildings.<ref name="doc-4009">[[:File:DOC-400915A1.pdf|FCC Press Release, "FCC CHAIRWOMAN ANNOUNCES PUSH TO LOWER BROADBAND COSTS & INCREASE CHOICE FOR FAMILIES LIVING IN APARTMENT BUILDINGS"]] ''FCC''. March 5, 2024</ref> The proposal followed the Commission's 2022 rules that had already:
In March 2024, then-FCC Chairwoman Jessica Rosenworcel announced a proposal aimed at increasing tenant's choice at choosing their ISP for internet access in multi-tenant buildings<ref>FCC Press Release, "FCC CHAIRWOMAN ANNOUNCES PUSH TO LOWER BROADBAND COSTS & INCREASE CHOICE FOR FAMILIES LIVING IN APARTMENT BUILDINGS", March 5, 2024</ref>. <ref>[[:File:DOC-400915A1.pdf]]</ref> The proposal followed the Commission's 2022 rules that had already:


*Prohibited broadband providers from entering into certain revenue sharing agreements with building owners
*Prohibited broadband providers from entering into certain revenue sharing agreements with building owners
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*Maintained existing prohibitions on revenue sharing and exclusive access agreements
*Maintained existing prohibitions on revenue sharing and exclusive access agreements


Rosenworcel argued this change was necessary because "it is not right when your building or apartment complex chooses that service for you, saddling you with unwanted costs, and preventing you from signing up for the plan and provider you really want."<ref>FCC Press Release, "FCC CHAIRWOMAN ANNOUNCES PUSH TO LOWER BROADBAND COSTS & INCREASE CHOICE FOR FAMILIES LIVING IN APARTMENT BUILDINGS", March 5, 2024</ref><ref>[[:File:DOC-400915A1.pdf]]</ref>
Rosenworcel argued this change was necessary because "it is not right when your building or apartment complex chooses that service for you, saddling you with unwanted costs, and preventing you from signing up for the plan and provider you really want."<ref name="doc-4009" />


==Timeline of changes==
==Timeline of changes==
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===2022 FCC Rule Changes===
===2022 FCC Rule Changes===
In 2022, the FCC modified its rules regarding multi-tenant environments<ref>Ars Technica, "FCC chair helps ISPs and landlords make deals that renters can't escape", January 27, 2025</ref>:
In 2022, the FCC modified its rules regarding multi-tenant environments:<ref>[https://arstechnica.com/tech-policy/2025/01/fcc-chair-nixes-plan-to-boost-broadband-competition-in-apartment-buildings/ "FCC chair helps ISPs and landlords make deals that renters can't escape"] ''Ars Technica'', January 27, 2025. Retrieved 2 February, 2025.</ref>
*The ban on exclusive access agreements remained
*The ban on exclusive access agreements remained
*Bulk billing arrangements remained permissible
*Bulk billing arrangements remained permissible
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===March 2024 Proposed Changes===
===March 2024 Proposed Changes===
Then-Chairwoman Rosenworcel's proposal would have<ref>FCC Press Release, "FCC CHAIRWOMAN ANNOUNCES PUSH TO LOWER BROADBAND COSTS & INCREASE CHOICE FOR FAMILIES LIVING IN APARTMENT BUILDINGS", March 5, 2024</ref><ref>[[:File:DOC-400915A1.pdf]]</ref>:
Then-Chairwoman Rosenworcel's proposal would have:<ref name="doc-4009"/>
*Maintained the ban on exclusive access agreements
*Maintained the ban on exclusive access agreements
*Required bulk billing arrangements to include tenant opt-out provisions
*Required bulk billing arrangements to include tenant opt-out provisions


===January 2025 Final Outcome===
===January 2025 Final Outcome===
Chairman Carr's decision specifically addressed the bulk billing proposal<ref>FCC Press Release, "Chairman Carr Stops Costly Regulatory Overreach", January 27, 2025</ref>[[:File:DOC-409130A1.pdf]]:
Chairman Carr's decision specifically addressed the bulk billing proposal:<ref>[[:File:DOC-409130A1.pdf|FCC Press Release, "Chairman Carr Stops Costly Regulatory Overreach"]] ''FCC'', January 27, 2025</ref>
*Building owners still cannot enter exclusive access agreements
*Building owners still cannot enter exclusive access agreements
*Building owners can continue mandatory bulk billing without opt-out provisions
*Building owners can continue mandatory bulk billing without opt-out provisions
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Bulk billing provision is said to negatively affect consumer choice, as it can force tenants into paying for service from a provider they may not want. While multiple providers may have physical access to a building, the economic reality of mandatory bulk billing greatly diminishes the economic viability of another ISP wiring the building.  
Bulk billing provision is said to negatively affect consumer choice, as it can force tenants into paying for service from a provider they may not want. While multiple providers may have physical access to a building, the economic reality of mandatory bulk billing greatly diminishes the economic viability of another ISP wiring the building.  
==Relationship to Existing Rules==
This decision exists within an overall framework of FCC rules regarding multi-tenant environments. The Commission previously:
==References==
==References==
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