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Pennsylvania at risk of getting left behind in broadband network modernization | Opinion

Steven J. Samara
Steven J. Samara

Pennsylvania has an opportunity to ensure that its broadband networks keep pace with rapid advancements in broadband technology, and with other states, but the Keystone State must act fast.

Legislation in Harrisburg, SB 491 championed by State Senator Kristin Phillips-Hill, R-York, will eliminate a host of outdated, costly regulations that are needlessly holding back our incumbent carriers, especially our rural ones (RLECs), from investing even more in their networks. The decades-old rules enforced by the Public Utility Commission are the product of a different era — when the carriers had monopolies over voice service in their coverage areas. Now with the advent of cable, wireless and even satellite, the RLECs have less than 10% of voice service, and face stiff competition from largely unregulated providers for broadband service. In short, many of the old state regulations just don’t apply anymore and the lack of true competition is simply not good for rural Pennsylvanians.

Washington is already moving on the regulatory front. Recently, the Federal Communications Commission (FCC) approved reforms that will allow the incumbent carriers to more easily phase out costly, old fashioned copper networks and replace them with the latest in network technology, often fiber optic cable.

The rules, the FCC explained in a press statement, reflect the changes in the telecommunications industry over the past few decades. They were approved in accordance with the FCC’s “Delete, Delete, Delete” program.

In its announcement, the FCC noted that many local and state governments with their laws and regulations present obstacles to growth. That is certainly true in Pennsylvania.

“…the record has shown,” the statement said, “that certain state and local requirements have prolonged the use of legacy networks and hindered the deployment of modern ones. Today’s Report & Order addresses state and local requirements that would hinder the modernization enabled by these rules.”

The statement continued: “if state and local statutes and regulations force providers to devote resources to maintaining deteriorating legacy networks and provisioning near-obsolete services to fewer subscribers even after the FCC has approved the provider’s application to discontinue legacy services, those state requirements conflict with federal law and are subject to preemption.”

Just as on the federal level, SB 491 has similar benefits not just for consumers but for the technicians, both union and non-union members, who specialize in building and maintaining the networks. Most notable among these benefits are the employment opportunities created by a modernized regulatory environment. For consumers, 911 emergency service and low-income programs are protected, and provisions guarantee protections from steep rate increases, among other safeguards.

Still, action in the Pennsylvania Legislature is needed to eliminate rules not preempted by Washington. Let’s get SB 491 to the governor as quickly as possible and ensure that Pennsylvania, and its consumers and workers, are not left behind in the race for faster, more affordable broadband.

Steven J. Samara is president of the Pennsylvania Telephone Association. He can be reached at steve.samara@patel.org

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