Daily Digest 7/5/2023 (Uniform Guidance)

Benton Institute for Broadband & Society
Table of Contents

Data & Mapping

Latest Broadband Data Collection Window  |  Read below  |  Public Notice  |  Federal Communications Commission
FCC Accepting Challenges to June 2023 Broadband Serviceable Location Fabric  |  Read below  |  Public Notice  |  Federal Communications Commission

Broadband Funding

Tailoring the Application of the Uniform Guidance to the BEAD Program  |  Read below  |  Sean Conway  |  Public Notice  |  National Telecommunications and Information Administration
NTIA needs more time to craft Buy America rules for BEAD  |  Read below  |  Martha DeGrasse  |  Fierce

Digital Equity

The ACP has Been a Success, but Closing the Digital Divide Requires Future ACP Funding  |  Read below  |  Ryan Johnston  |  Analysis  |  Next Century Cities
Funding for the ACP Means Supporting Mental Health and Wellness for Americans in Need  |  Read below  |  Stacey Baxter  |  Analysis  |  Next Century Cities

Tribes/States/Local

Tribes are Connecting Residents With Broadband. Better Data Could Amplify Success Stories.  |  Read below  |  Corian Zacher  |  Analysis  |  Next Century Cities
Eliminating Language Barriers and Developing Trusted Partnerships in Cuyahoga County, Ohio  |  Read below  |  Brian Donoghue  |  Analysis  |  Next Century Cities
Verizon Executive Details Pennsylvania Funding Win, Company Also Gets Virginia Money  |  Read below  |  Joan Engebretson  |  telecompetitor
Washington County (ME) will help launch National Digital Navigators Corps  |  Read below  |  Carolyn Campbell  |  Maine Monitor
'Quietly left behind': Escaping a go-nowhere job in rural Washington County starts with speedy internet  |  Read below  |  Kris Mamula  |  Pittsburgh Post-Gazette

Wireless

NTIA Promotes 5G Supplier Diversity At Home and Abroad  |  Read below  |  Kate Dimsdale  |  Press Release  |  National Telecommunications and Information Administration
Wells Fargo: Fixed wireless access will continue to grow in US through 2024  |  Light Reading

Platforms/Social Media

Federal Judge Limits Biden Officials’ Contacts With Social Media Sites  |  Read below  |  Steven Lee Myers, David McCabe  |  New York Times
#BlackLivesMatter Turns 10  |  Read below  |  Samuel Bestvater, Risa Gelles-Watnick, Meltem Odabas, Monica Anderson, Aaron Smith  |  Research  |  Pew Research Center
Federal Trade Commission Announces Proposed Rule Banning Fake Reviews and Testimonials  |  Federal Trade Commission

Health

2023 State of Telemedicine Report  |  Doximity

TV

Op-ed | Streaming is TV’s future. Can the writers’ strike get executives to pay accordingly?  |  Los Angeles Times
TV’s Golden Era Proved Costly to Streamers  |  Wall Street Journal
Why Streaming's Not Ready For Prime Time, At Least Not Yet (Wolk)  |  Next TV

Research

NIST Seeks Comment on Plan for Providing Public Access to Results of Federally Funded Research  |  National Institute of Standards and Technology

Company News

Cox Increases Fiber-Powered Internet Speeds for Most Customers  |  Cox Communications

Policymakers

President Biden Taps Ferguson, Holyoak for FTC  |  Read below  |  Press Release  |  White House

Stories From Abroad

 
European Commission adopts new rules to ensure stronger enforcement of the GDPR in cross-border cases  |  European Commission
U.S. Looks to Restrict China’s Access to Cloud Computing to Protect Advanced Technology  |  Wall Street Journal
Meta Loses Appeal on How It Harvests Data in Germany  |  New York Times
Meta’s Facebook Faces Fresh Threat to Sending Personalized Ads in EU  |  Wall Street Journal
Statement from U.S. Secretary of Commerce Gina Raimondo on the European Union-U.S. Data Privacy Framework  |  Department of Commerce
Here are the first 7 potential “Gatekeepers” under the EU Digital Markets Act  |  European Commission
Today's Top Stories

Data&Mapping

Latest Broadband Data Collection Window

Public Notice  |  Federal Communications Commission

The Federal Communications Commission's Broadband Data Task Force announced that the Broadband Data Collection (BDC) filing window for submitting broadband availability and other data as of June 30, 2023, opened on Monday, July 3, 2023. Facilities-based broadband service providers may begin to file in the BDC system data that reflects where they made mass-market broadband internet access service available as of June 30, 2023. Such entities, as well as providers of fixed voice services, must also submit the subscription data as of June 30, 2023 required under Form 477 in the BDC system. All availability and subscription data must be submitted no later than September 1, 2023

FCC Accepting Challenges to June 2023 Broadband Serviceable Location Fabric

Public Notice  |  Federal Communications Commission

The Federal Communications Commission's Broadband Data Task Force announced that entities can begin submitting bulk challenges to the latest, June 2023 version of the Broadband Serviceable Location Fabric. Bulk Fabric challenges submitted in advance of September 8, 2023, are most likely to be reviewed and adjudicated in time to be accounted for in the next iteration of the Fabric (December 2023). Bulk Fabric challenges submitted after September 8, 2023, will continue to be accepted and reviewed on a rolling basis, but would likely be adjudicated as part of a future version of the Fabric.

Funding

Tailoring the Application of the Uniform Guidance to the BEAD Program

Sean Conway  |  Public Notice  |  National Telecommunications and Information Administration

The Office of Management and Budget (OMB) released the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance) on December 26, 2013, which consolidated eight existing Federal circulars into a single guidance document. The Uniform Guidance streamlined and eased administrative burdens across the Federal Government in the administration of Federal financial assistance programs, thus increasing the efficiency and effectiveness of Federal awards, while also strengthening oversight over Federal funds to prevent waste, fraud, and abuse. Various stakeholders have requested the National Telecommunications and Information Administration to consider exemptions of certain provisions of the Uniform Guidance from application to grants and subgrants awarded under the Broadband Equity, Access and Deployment (BEAD) Program. NTIA seeks public comment on the issues raised by stakeholders and other questions relating to the relationship between the Uniform Guidance and the BEAD Program. Comments due by 5 pm on August 4, 2023.

NTIA needs more time to craft Buy America rules for BEAD

Martha DeGrasse  |  Fierce

The National Telecommunications and Information Administration (NTIA) beat its June 30 deadline to announce the amounts it will award each state through its $42.5 billion Broadband Equity, Access and Deployment (BEAD) program, but now the clock is ticking as states and broadband service providers await another milestone. The NTIA has yet to clarify how state broadband deployments can comply with the Build America Buy America Act (BABA). Like BEAD, BABA is part of the Infrastructure Investment and Jobs Act (IIJA). It establishes a domestic content procurement preference for all federal financial assistance obligated for infrastructure projects after May 14, 2022, according to the US Department of Commerce. Products typically count as “made in America” if they are manufactured in the US and 55% of their components (by cost) are mined, produced or manufactured in the US. The devil will be in the details for broadband service providers, as the NTIA is expected to provide some BABA waivers related to the BEAD funding. NTIA policy advisor William Arbuckle said he hoped proposed waivers would be available “[summer 2023], at the same time that states are finding out how much money they get.” Now, NTIA says it will wait until later in summer 2023 to provide more guidance on the BABA requirements for BEAD. As Arbuckle explained, the agency must balance support for domestic manufacturing with the mandate to connect all Americans to broadband. Clearly, NTIA has a lot to consider as it drafts rules for how BEAD and BABA can work together. The agency is likely to ask for public comment on its first draft of the rules.

Equity

The ACP has Been a Success, but Closing the Digital Divide Requires Future ACP Funding

Ryan Johnston  |  Analysis  |  Next Century Cities

On June 14, 2023, the White House kicked off a “week of action” devoted to raising awareness and enrollment for the Affordable Connectivity Program (“ACP”). Nationally, only 18.7 million of the eligible 52 million households (35.8%) are enrolled in the program. This is a truly outstanding achievement for a program that is only a year and a half old. Though there are countless examples of how beneficial the ACP is for communities nationwide, there is a danger the ACP may not last much longer. Current estimates predict that ACP funding will be depleted by the second quarter of 2024. In order to fund the program for the next five years, some suggest that the ACP will need an additional $30 to $35 billion. While the program was passed with bipartisan support, there are concerns from some lawmakers about how the program has targeted new adopters versus existing broadband subscribers. This complicates extending funding as certain policymakers are likely to demand programmatic changes before agreeing to approve new ACP dollars. The ACP has been and continues to be a vital resource for millions of Americans nationwide. Without continued funding, millions of low-income consumers who rely on the program will not be able to maintain monthly subscriptions. Reaching the Federal Communications Commissions', White House’s, and Congress’ goals to close the digital divide depends on a fully funded ACP.

Funding for the ACP Means Supporting Mental Health and Wellness for Americans in Need

Stacey Baxter  |  Analysis  |  Next Century Cities

As many have experienced, either personally or through a friend or loved one, the pandemic has taken a toll on people’s mental health. Since 2020, individuals and youth have experienced an increase in symptoms of anxiety and depression across the United States and worldwide. Youth have been especially impacted as the rates of suicide increased significantly just months into the pandemic, particularly for non-hispanic American Indian or Alaskan Native and non-Hispanic Black youth, while overall suicide rates increased four percent from 2020 to 2021. In turn, the need for mental health services has increased exponentially. The pandemic also created additional barriers to receiving services due to the dangers of in-person close proximity contamination. Using telehealth residents can meet with a licensed mental health professional online and access access essential medications. In fact, since 2021, telehealth services now make up almost half of in total visits for behavioral health, giving individuals mental health supports from the safety of home. The Federal Communications Commission, the agency responsible for rolling out the Affordable Connectivity Program (ACP), has emphasized the connection between broadband access and mental health. ACP has helped introduced broadband in low-income households for the first time and ensures that others can stay connected. Without continued funding for the program, individuals and families are not only in jeopardy of losing reliable Internet access, they risk losing a vital connection to mental health care, which can have a devastating impact.

Tribes/States/Local

Tribes are Connecting Residents With Broadband. Better Data Could Amplify Success Stories.

Corian Zacher  |  Analysis  |  Next Century Cities

In 1958, the Cheyenne River Sioux Tribe purchased a telephone company, becoming the first network of its kind in the US. Since then, eight other Tribes have purchased telecommunications companies. With unprecedented funding for broadband and the migration of financial, health, educational, and employment services online, more Tribes are leading efforts for better broadband in their communities. Trusted community messengers are essential to helping drive enrollment. Although the Affordable Connectivity Program (ACP) offers a $75 a month discount on Tribal lands, researchers with the Benton Institute for Broadband & Society found that lack of awareness is the main reason eligible households don’t enroll. In Native households, Tribes have a proven track record of building support for federal programs through a community-centered approach. Still, 33% of reservation residents do not have broadband service at home and must rely on their smartphone for Internet, with 18% have no Internet connectivity at all. More funding than ever is available for connecting residents on Tribal lands, including through the National Telecommunications and Information Administration’s (NTIA) Tribal Broadband Connectivity Program (TBCP). To date, NTIA has awarded almost $2 billion in funding to over 166 projects across the US, with $1 billion in TBCP left to distribute. The Government Accountability Office (GAO) reviewed the TBCP and found that while NTIA targets connecting 200,000 with reliable, affordable broadband, the agency has not defined reliable or affordable. Clear and quantifiable data could help applicants and federal policymakers alike assess progress and address broadband gaps that remain after funding runs out. 

Eliminating Language Barriers and Developing Trusted Partnerships in Cuyahoga County, Ohio

Brian Donoghue  |  Analysis  |  Next Century Cities

The Affordable Connectivity Program (ACP) is a critical component of the nationwide effort to bridge the digital divide. Established on a bipartisan basis by Congress, the ACP provides subsidies that enable low-income households to get – and stay connected – with monthly broadband subscriptions. Despite its success in reaching over 35% of eligible households, the ACP faces a funding shortfall by 2024. Inadequate funding could not only jeopardize progress toward universal service goals but could also undermine the success of other federal broadband access initiatives that rely on the ACP to fill in adoption gaps. Federal, state, and local resources are critical for supporting outreach programs and building public awareness. Still, even in areas where funding has been scarce or nonexistent, local leaders are working to build capacity and digital equity ecosystems. Cuyahoga County, located in northeastern Ohio along Lake Erie, is home to the city of Cleveland and its surrounding suburbs. Community leaders have recognized the importance of closing the digital divide and made it a key priority. Approximately 1 in 8.5 households in Cuyahoga County still need an in-home internet connection. ACP is a critical component of digital equity efforts in Cuyahoga County, providing low-cost or no-cost home internet to eligible households. Leveraging existing public and private sector partnerships, the County developed a targeted outreach campaign that focuses on 13 zip codes chosen based on current ACP enrollment figures and the percentage of disconnected households. Additionally, the County will use in-person events supported by the Greater Cleveland Digital Navigators to build public awareness. Direct mail, strategic advertising, and the valuable support of digital navigators are key elements of a campaign that will connect hundreds of thousands of low-income residents with the digital resources they need.

Verizon Executive Details Pennsylvania Funding Win, Company Also Gets Virginia Money

Joan Engebretson  |  telecompetitor

Verizon won broadband funding from two Pennsylvania counties recently. Verizon Vice President of Business Operations for Wireline Networks Doug Sullivan offered details about the wins, which are for areas where the company has begun deploying its Fios fiber broadband service. The Pennsylvania awards were for Washington and Westmoreland counties. Both counties awarded funding to Verizon that they received through the federal State and Local Fiscal Recovery Fund program that was established in the American Rescue Plan Act (ARPA). Verizon will contribute more than half of total project costs of $9 million to the builds. The company will deploy its Fios fiber broadband service. Verizon is the incumbent carrier in some parts of the counties where it won funding, Sullivan said. The Virginia counties where Verizon has begun to deploy Fios in projects funded, in part, through government funding are Carolina and Greensville counties. Some of the funding came through the ARPA state and local program and some came through a state-level program that also used ARPA funding. Verizon will contribute a bit more than half of total project costs of $15 million for the two counties.

Washington County (ME) will help launch National Digital Navigators Corps

Carolyn Campbell  |  Maine Monitor

Susan Corbett, the founder of Maine’s National Digital Equity Center (NDEC), lives in one of America’s most remote rural regions. The population density is under 10 people per square mile. She knows first-hand how fast her community can tumble without a safety net. When the pandemic’s shelter-in-place order went into effect in 2020, Corbett and her team witnessed the severe isolation and loneliness of many elderly people in her community. The Digital Equity Center responded quickly. Working with a philanthropy, they sent out fully loaded tablets with cell connectivity and a Zoom link to people over 70. Since the pandemic, Corbett, and others have been working with the region’s Passamaquoddy tribal leaders, broadband consultants, state agencies, and regional boards to assess the region’s needs and develop a broadband coalition strategy providing access to all citizens of Maine, regardless of their Zip code. In October 2022, the National Digital Inclusion Alliance (NDIA) named Maine’s National Digital Equity Center as one of 18 grant recipients from across the country to become part of the nation’s first National Digital Navigator Corps. NDIA stated the grants will go toward hiring community-based digital navigators alongside programmatic and technical support to help thousands of residents gain much-needed access to the internet, devices, and digital skills training. Corbett sees this as an opportunity to train “boots on the ground” navigators to help her own region while creating a navigator model for the state of Maine, and then raise funds for digital navigators statewide. As the navigator’s training gets underway, Corbett is partnering with others, building coalitions across the state to make broadband accessible and affordable.

'Quietly left behind': Escaping a go-nowhere job in rural Washington County starts with speedy internet

Kris Mamula  |  Pittsburgh Post-Gazette

Computer Reach, which employs 24 full and part-time employees and has an annual budget of $580,000, provides refurbished laptops and computer literacy training to people most in need. Richard King Mellon Foundation, PNC Foundation, Eden Hall Foundation, EQT Foundation, and Pittsburgh Foundation are among Computer Reach’s supporters. The need for laptops in poor areas far outstrips the availability of computers: social service agencies identified some 2,500 candidates for Computer Reach’s computers and digital help, but the nonprofit only has a three-year, $320,540 grant to cover 200 families in Washington County (PA). Rural Pennsylvania—including Washington, Fayette and Greene counties—has been aggressively trying to level the economic playing field with Pittsburgh and other urban neighbors by expanding broadband access for residents to increase job and other opportunities. Washington County Commissioners, for example, committed $30 million in federal funding 18 months ago for a variety of fiber line projects that will eventually bring the internet to every home. To fill the gap Washington County will seek grants from Pennsylvania’s share of the $42.45 billion federal Broadband Equity, Access, and Deployment (BEAD) program.

Wireless

NTIA Promotes 5G Supplier Diversity At Home and Abroad

Kate Dimsdale  |  Press Release  |  National Telecommunications and Information Administration

Right now, the wireless network equipment market is highly consolidated, with just a few companies supplying the equipment necessary to support a network. But Open Radio Access Networks, or Open RAN, would unlock that system to allow different companies to compete to supply equipment for different parts of the network. The US Government believes in the promise of these networks. But the wireless equipment ecosystem is global, and we want our allies and partner countries to benefit from this coming shift. To that end, NTIA participates in a range of international engagements to promote 5G supplier diversity and raise awareness of Open RAN. For example, my colleagues recently traveled to Japan and London, and I headed to Poland and Dubai, to discuss this technology and work toward consensus on common policy approaches to support industry-led adoption of Open RAN. Here is some information about those engagements:

  • International Telecoms Conference and Quad Open RAN Forum - London, United Kingdom and Tokyo, Japan: The team presented on our agency’s role, full range of activities, and our perspectives on international collaboration before an audience of policymakers from around the world. My colleagues Jaisha and Brian then joined the Quad Open RAN Forum, which fosters in-depth exchange among industry, civil society, and four of the global governments most strongly engaged on telecommunications supplier diversity.
  • Regional Workshop on Secure 5G Deployment and Supplier Diversity - Warsaw, Poland: I joined a two-day workshop, hosted by the Department of State, to discuss secure 5G technologies in Europe. By bringing together government and industry partners, the workshop served as an opportunity to identify and promote opportunities for collaboration among suppliers, providers, network operators, implementers, and governments, as well as outline the benefits of more commercial deployments across eastern Europe.
  • Open RAN Seminar - Dubai, UAE: I joined a seminar, hosted by the US Embassy in the UAE and the U.S. Department of Commerce in Dubai, on Open RAN for mobile telecommunications in the Middle East and North Africa. I spoke to the U.S. vision for catalyzing innovation through open and interoperable, standards-based RAN technologies. The event focused on how acceleration of standards-based RAN technologies can lead to innovation among a wider range of equipment developers and suppliers. Presenters shared the latest advances in Open RAN, case studies of successful pilot and commercialization projects, and the policies that create an environment of innovation and value creation.

Platforms/Social Media

Federal Judge Limits Biden Officials’ Contacts With Social Media Sites

Steven Lee Myers, David McCabe  |  New York Times

Judge Terry Doughty of the US District Court for the Western District of Louisiana restricted parts of the Biden administration from communicating with social media platforms about broad swaths of content online. He said that parts of the government, including the Department of Health and Human Services and the Federal Bureau of Investigation, could not talk to social media companies for “the purpose of urging, encouraging, pressuring, or inducing in any manner the removal, deletion, suppression, or reduction of content containing protected free speech.” Judge Doughty said in granting a preliminary injunction that the agencies could not flag specific posts to the social media platforms or request reports about their efforts to take down content. The ruling said that the government could still notify the platforms about posts detailing crimes, national security threats, or foreign attempts to influence elections. The ruling, in a lawsuit brought by the attorneys general of Louisiana and Missouri, is likely to be appealed by the Biden administration, but its impact could be sweeping, forcing government officials, including law enforcement agencies, to refrain from notifying the platforms of troublesome content.

#BlackLivesMatter Turns 10

Samuel Bestvater, Risa Gelles-Watnick, Meltem Odabas, Monica Anderson, Aaron Smith  |  Research  |  Pew Research Center

In July 2013, activists first used the #BlackLivesMatter hashtag to spark conversation about racism, violence and the criminal justice system following George Zimmerman’s acquittal in the shooting death of Trayvon Martin in Sanford, Florida. Ten years later, Black Lives Matter stands as a model of a new generation of social movements intrinsically linked to social media. The enduring power of the hashtag itself is clear: More than 44 million #BlackLivesMatter tweets from nearly 10 million distinct users currently exist on Twitter. Use of the hashtag has fluctuated over the years, often in response to instances of police violence against Black Americans. our survey asked about Americans’ political activity on social media, and their views on social media’s role in national conversations about race and racial inequality. The survey finds that exposure to Black Lives Matter on social media is widespread. Fully 77% of social media users say they have come across content related to Black Lives Matter on these sites. And this is true for majorities of users across most demographic groups. Some people are turning to social media to engage with the political and social issues they care about. This survey asks about five activities related to causes or issues that people may have done on social media in the past year. About one-third of social media users (34%) say they have taken part in a group that shares an interest in an issue or cause, while a smaller share (26%) say they have encouraged others to take action on social media in the past year.

Policymakers

President Biden Taps Ferguson, Holyoak for FTC

Press Release  |  White House

President Joe Biden announced his intent to nominate Andrew Ferguson and Melissa Holyoak to be commissioners of the Federal Trade Commission. Ferguson is the Solicitor General of the Commonwealth of Virginia. He oversees the appellate litigation of Virginia and its agencies; represents Virginia before the Supreme Court of the United States, the Supreme Court of Virginia and the federal courts of appeals; and defends Virginia’s statutes and regulations from constitutional challenge. Before accepting the appointment as Solicitor General, Ferguson served as Chief Counsel to U.S. Senate Republican Leader Mitch McConnell from 2019 until 2021. In that role, he was Leader McConnell’s chief legal advisor and judicial confirmation strategist. Before serving as Leader McConnell’s Chief Counsel, Ferguson served as Chief Counsel for Nominations and the Constitution to then-Judiciary Committee Chairman Lindsey Graham (R-SC), and as Senior Special Counsel to then-Judiciary Committee Chairman Chuck Grassley (R-IA). Ferguson also practiced antitrust law at several large D.C. law firms, where he represented clients in private antitrust litigation and before the Federal Trade Commission and Department of Justice. Holyoak currently serves as the Utah Solicitor General with the Utah Attorney General’s Office, where she manages the civil appeals, criminal appeals, constitutional defense and special litigation, and antitrust and data privacy divisions. In that capacity, she oversees merger reviews, data privacy and antitrust enforcement actions, and provides leadership in consumer protection matters. Holyoak is an experienced litigator, with much of her twenty years of practice focused on consumer protection. Prior to joining the Utah Attorney General’s Office, Holyoak served as President and General Counsel of Hamilton Lincoln Law Institute, a Washington, D.C.-based public interest firm representing consumers challenging unfair class actions and regulatory overreach. She served in previous positions as a public interest attorney with the Competitive Enterprise Institute and the Center for Class Action Fairness.

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Benton (www.benton.org) provides the only free, reliable, and non-partisan daily digest that curates and distributes news related to universal broadband, while connecting communications, democracy, and public interest issues. Posted Monday through Friday, this service provides updates on important industry developments, policy issues, and other related news events. While the summaries are factually accurate, their sometimes informal tone may not always represent the tone of the original articles. Headlines are compiled by Kevin Taglang (headlines AT benton DOT org), Grace Tepper (grace AT benton DOT org), and David L. Clay II (dclay AT benton DOT org) — we welcome your comments.


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Kevin Taglang

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Benton Institute
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