FCC 'Buries' MBA Broadband Reports in Draft Market Report Appendices, Critics Say

The FCC without fanfare included its latest Measuring Broadband America reports in draft appendices to a draft communications market report -- mandated by Ray Baum's Act -- slated for a vote at commissioners' meeting Wednesday. Commissioner Jessica Rosenworcel criticized the "slow" release of MBA reports that she and others said were "buried" in a long document. They generally show the median consumer broadband speeds of ISPs participating in tests continue to rise, with cable companies at the top, followed by telco fiber and satellite, and telco DSL at the bottom.

The two new MBA fixed service reports appear to be the first to come out since a 2016 report issued Dec. 1 of that year (MBA webpage). The FCC didn't appear to draw attention to the reports but simply put out a public notice announcing the release of draft appendices (all here) totaling 581 pages (see 1812050045). The first MBA report is on pages 349-462 and the second is on pages 463-581.

They aren't called the 2017 and 2018 MBA reports, but instead the seventh and eighth MBA reports. Reports since 2013 have been based "on measurements taken in September of the year prior to the reports’ release dates," said an eighth-report footnote on p. 468. "To avoid confusion between the date of release of the report and the measurement dates we have shifted last year to numbering the reports. Thus, this year’s report is termed the Eighth MBA Report instead of 2018 MBA Report. Going forward we will continue with a numbered approach and the next report will be termed as the Ninth."

“We’re all frustrated when our broadband speed doesn’t live up to what was promised," said a Rosenworcel statement to us. "It’s maddening when we can’t download a file, stay connected on a call, or stream and watch the news and entertainment we choose. So it’s downright unacceptable that the FCC -- which has been collecting data on broadband speeds nationwide -- is slow to make this information public and, when it does so, buries it in the appendices to a larger report. This is essential data for every consumer in the digital age. The public deserves better.” FCC spokespersons didn't comment.

The unusual way the data was released drew questions. Technology Policy Institute President Scott Wallsten hasn't "seen them do it this way before," he said of the consolidated MBA data release. "This doesn’t look like anybody is trying to hide anything, but it doesn’t look particularly well thought through. … Not allowing it to be released until everything is together is a bad idea."

New America's Open Technology Institute has "multiple concerns" with the communications market report "in terms of methodology and general assumptions about competition," emailed Sarah Morris, deputy director. "These concerns are compounded by the delay and then subsequent buried release of the two most recent Measuring Broadband America reports at the very end of the Market Place Report's appendix. This is not the kind of transparency -- nor the quality of analysis -- we hope to see."

"The Trump administration has proven adept at making 'inconvenient truths' disappear," said Consumer Federation of America Senior Fellow Mark Cooper. "If the broadband data had been as good as they wanted, they would have issued a press release. So if you have to put out inconvenient facts, bury them inside of a document which makes it hard to find and don't do anything to call attention to it."

Free State Foundation Senior Fellow Seth Cooper was less critical. "For the FCC's first comprehensive Communications Marketplace Report, it's important to start on the right footing," he emailed. "Release of appendices with updated broadband deployment data and wireless market data looks to be a good faith effort by the Commission to achieve accuracy and transparency in its upcoming Report." Others didn't comment.

14 ISPs Evaluated

The eighth report said median download speed experienced by subscribers of participating fixed ISPs was 72 Mbps in September-October 2017. That was up from 57 Mbps in September-October 2016 in the seventh report, and 39 Mbps in September 2015 in the 2016 report. For most major broadband providers tested, "measured download speeds were 100% or better of advertised speeds during the peak hours," said the eighth report (basically repeating a finding from the two previous reports). Of 14 ISPs evaluated, "only two performed below 90% for actual-to-advertised download speed." Unlike the sixth report's summary "key findings," the seventh and eighth reports' summary "major findings" didn't highlight the performance of any individual companies, though charts and further text provided company data.

Median download speeds were about 80-120 Mbps for cable companies in fall 2017, about 55-80 Mbps for telco fiber, about 10-20 Mbps for satellite and about 3-20 Mbps for telco DSL, the eighth report said. Participating ISPs were: AT&T, CenturyLink, Charter Communications, Cincinnati Bell, Comcast, Cox Communications, Frontier Communications, Hawaiian Telcom, Hughes Network Systems, Mediacom Communications, Optimum, Verizon and Windstream. Viasat left the program but its Excede internet service was evaluated.

"Customers of Charter, Comcast, Cincinnati Bell Fiber, Frontier Fiber, Optimum and Verizon Fiber (Fios) experienced median download speeds that were very consistent; with each provider delivering in excess of 90% of the advertised speed to at least 80% of the panelists for at least 80% of the peak usage period," said the report. "The actual speeds experienced by most ISPs’ subscribers are close to or exceed the advertised speeds. However, DSL broadband ISPs continue to advertise 'up-to' speeds that on average exceed the actual speeds experienced by their subscribers."

"At first glance, it looks like DSL and satellite providers did not meet their promised speeds in 2017," emailed Public Knowledge Senior Vice President Harold Feld. "It is especially suspicious that Chairman Pai failed to release data that would have highlighted not simply the failed promises of ISPs, but the failure of real competition and the even more appalling state of rural broadband -- which must rely on DSL and satellite because many rural communities have no cable provider. Once again, it appears Chairman Pai is more concerned with making industry look good to justify his bad policy choices rather than providing real data."

Some said wireline ISP speeds generally seemed OK. The data "is pretty consistent with what they’ve always shown" in the annual broadband speed reports, Wallsten said. The report "confirms that cable ISPs continue to deliver high-quality broadband service to millions of Americans with increased speed and performance every year," said an NCTA spokesperson. He added that this year, 70 percent-plus households can get cable gigabit speeds, vs. 5 percent in 2016.

The eighth report appears to contain certain errors, including the page numbers for its lists of charts and tables (they repeat the seventh report's) and chart number inconsistencies in the text.