February 2017

Federal Broadband Infrastructure Spending: Potential Pitfalls

The good work being done by the private sector and the Federal Communications Commission has not prevented some from advocating for expending additional Federal dollars for broadband, hopefully by providing additional resources to private companies to expand their reach and enter new territories (and not funding government networks). While seemingly helpful, there are serious potential drawbacks to this action, especially if it is done in a haphazard way. Here are just a few of the major issues and problems:

Harms to Private Sector – In countless meetings over the last three years, I have heard about the harmful effects of the Obama Administration’s economic stimulus legislation, especially the Broadband Technology Opportunities Program and Broadband Initiatives Program (BTOP & BIP). While supporters point to miles of fiber laid or anchor institutions connected, they fail to mention what this funding did to the competitors in the immediate and surrounding areas. When one provider received special funding, it distorted the ability of non-recipients to operate, pay off debt, raise capital, and satisfy consumer interest. In other words, artificially propping up select companies impacted the ability of others to compete, including growing their networks to unserved or underserved areas, and that doesn’t even include a critique of where grants were provided to overbuild existing providers. With areas completely unserved or in need of upgrades, it makes little sense to direct federal dollars to fund competition.
Overpaying and Over Subsidization – At its core, the FCC’s high-cost program is designed to limit any subsidy provided to broadband companies to only what is absolutely needed to promote access. The institution of reverse auctions uses market forces to get providers to compete – thereby driving down the subsidy costs – for particular areas. On the contrary, grant programs or loan subsidies do not induce any competitive pressure. This means the Federal government overpays for broadband deployment in these scenarios.
Lack of Coordination – Experience from the 2009 stimulus showed that insufficient coordination was done with the FCC by the Departments of Commerce and Agriculture as they created and operated their programs. That means that, as bureaucrats were preparing to distribute multi-billions of dollars, they had little to no understanding of the prior and future commitments made by the FCC or how their programs would fit together with the Commission’s data intensive high-cost program. In the end, the FCC was left to piece together the remnants of what was done by the other agencies in order to prevent duplication and address those areas still in need.
Bureaucrats Picking Winners & Losers – Application-based programs use highly-questionable selective criteria (e.g., points system) combined with human intervention to determine what projects to fund. This allows non-efficient factors to influence the outcome and cultivates an environment for political gamesmanship. At a time when so much focus is on reducing undue or improper involvement by DC lobbyists and politicians, shouldn’t there be equal concern that any new broadband programs aren’t monopolized by the well-connected?
Technology Discrimination – The FCC has spent the last 18 months ensuring that its program does not discriminate against any technology able to serve consumers. Unfortunately, many broadband programs are designed to be fiber first or fiber only and provide preferences to ensure other technologies do not win any funding or serve any consumers. This myopic view ignores the development of other technology capabilities and allowances for terrain. Dragging fiber to the top of every mountain may not make any sense in terms of cost, time to build, safety of installers and long term survivability against the surrounding elements. Alternatively, fixed wireless broadband or satellite may be the most appropriate solution.

Powell: Broadband Infrastructure Plan Should Target Unserved

Michael Powell, president of NCTA: The Internet & Television Association, said that a new round of broadband infrastructure investment should focus on getting service to unserved areas and on tax incentives to private industry. To the degree that it will be subsidies, he said, they should be targeted.

Powell was speaking at a Capitol Hill panel, outlining infrastructure priorities. It was hosted by the Senate Broadband Caucus. Powell said that the reason that universal access was still a work in progress was "networks hate low density," which is why so much infrastructure, particularly in rural areas, struggles to find its economic footing. He said in economic terms, those are "market failures." He suggested the mistakes made by previous broadband subsidy programs, like overbuilding existing service—serving up seconds before others have firsts—should not be repeated as everyone "gets on the bandwagon" for the next tranche of infrastructure investment. Powell said that the goal should be to incent private investment rather than try to supplant it with government dollars that will not match the tens and hundreds of billions the private sector already invests.

Skype seats are a mixed blessing in their debut at White House media briefings

[Commentary] The debut of virtual seats in the White House briefing room delivered on the promise of new perspectives — but also showed how the Trump administration could use the inclusion of remote questioners to its advantage. The first journalists to join a Q&A session via video link included local television reporters from Rhode Island and Ohio, a conservative radio host from Oregon who endorsed President Trump during the campaign and a newspaper publisher from Kentucky who also backed President Trump. The problem was that White House Press Secretary Sean Spicer did not offer straight answers to any of their questions. And because the questioners were quickly disconnected, they had no opportunity do what the reporters who sit before Spicer do every day — follow up and press for more details.

Essentially, Spicer used the new Skype seats to give himself four chances to recite vague talking points without being challenged by a journalist. There is potential for remote questioners to make meaningful contributions to White House press briefings — the first four certainly tried — but, so far, that does not appear to be what the White House really wants.

Republican-led FCC drops court defense of inmate calling rate cap

The Federal Communications Commission's new Republican leadership has decided not to defend FCC inmate calling rules that place a cap on intrastate calling rates. Chairman Ajit Pai and fellow Commissioner Michael O'Rielly repeatedly opposed attempts to cap the phone rates charged to prisoners while Democrats held the FCC's majority.

Republicans argued that the FCC exceeded its authority, and commission attempts to enforce rate caps have been stymied by a series of court decisions. Since the FCC prison rate order was adopted by a 3-2 vote in October 2015, Democrats Jessica Rosenworcel and Chairman Tom Wheeler have left the commission, FCC Deputy General Counsel David Gossett noted. "As a result of these changes in membership, the two Commissioners who dissented from the Order under review—on the grounds that, in specific respects, it exceeds the agency’s lawful authority—now comprise a majority of the Commission," Gossett wrote. Gossett is thus no longer authorized to defend the FCC's previous contention that it "has the authority to cap intrastate rates for inmate calling services" and cannot defend the FCC's assertion that it "lawfully considered industry-wide averages in setting the rate caps contained in the Order," he wrote. Gossett said he will continue to defend other parts of the commission's October 2015 order, which also lowered the price of interstate calls, those that cross state lines. The FCC's decision to stop defending the full order hurts the case for maintaining rate caps on intrastate calls in which both parties are in the same state, but it doesn't completely kill the case. The FCC is ceding 10 minutes of its allotted argument time to attorney Andrew Schwartzman, who is defending the rate caps on behalf of prisoners' rights groups.

The tools we build in Silicon Valley represent the best hope for fixing our democracy

[Commentary] Never before have people been able to self-organize and multiply for offline action almost instantly and with such little financial cost and planning effort. This awesome power — facilitated by free, ubiquitous and mobile tools for many-to-many communication — creates new possibilities for the grassroots to drive electoral and legislative outcomes, whether by rejecting establishment candidates or bringing people out into the streets to protest government action. We’re witnessing an important reminder that the tools we build in Silicon Valley can meaningfully shift sources and forms of political power. And as with all technologies, whether it is leveraged for good or bad is ultimately up to those who use it.

As an emerging sector, civic tech is beginning to improve the machinery of democracy even if our scale hasn’t yet transformed ballot box outcomes in the way that the Internet and iPhones have transformed the speed and scale of protests. Perhaps the best place for these new tools of democracy to focus is at the state and local level, where a new battleground is forming and where voter turnout is especially low.

[Mahan is CEO of Brigade, a startup he co-founded with Sean Parker in 2014 to reenergize public participation in democracy.]