According to the Report, in the 18 months leading up to January 2012, LTE networks launched and covered approximately 211 million people. However, this does not include wireless broadband deployment and availability in its statutory finding, as the Commission is concerned that current data overstates deployment and because there are no standards to measure latency and usage capacity against fixed broadband services.
Dissenting Commissioner Pai argues that the majority misinterprets the statute and that the FCC should consider all broadband services, not just fixed services. He contends that 5.5 million Americans, not 19 million, do not have access to advanced telecommunications capabilities. Pai asserts that “the majority has used this process as an opportunity to create a pretext to justify more regulation.” Commissioner McDowell expresses similar views that the majority is using the report “as a tool for mission creep.”
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