Monday, October 2, 2023
Headlines Daily Digest
Governor Gavin Newsom Appoints Laphonza Butler to Complete Senator Feinstein’s Term in the US Senate
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Benton Institute Welcomes Fully-Equipped FCC
The FCC’s clock is ticking on defining digital discrimination
Broadband Funding
FCC, USAC, HUD Computer Matching Program for ACP and Lifeline Verification | Federal Communications Commission
Digital Discrimination
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Policymakers
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Broadband Funding
Have you read Senator Cruz’s Red Light Report on broadband funding that came recently? The report accomplished several things:
- It put Sting’s earworm “Roxanne” into the broadband world’s collective psyche (IYKYK).
- It highlighted past failures of federal broadband programs and the need to ensure that Broadband Equity, Access, and Deployment (BEAD) Program funding is used to target the truly unserved.
- It regurgitated the same tired “technology neutral” policy stance that has relegated rural America to second-class broadband service for the past two decades.
The report lumps all technologies together as equally beneficial to our country’s universal connectivity goals. While it will absolutely take a variety of technologies to connect all Kansans with 100/20 service, there are marked differences in scalability, bandwidth, latency, etc. between fiber and other technologies. The implication is that the least expensive technology is the best solution. This mentality is precisely what has led to the failure of prior programs to connect America. Our country has heretofore created a system of broadband subsidies that incents the deployment of bare minimum infrastructure, setting up taxpayers to continually reinvest in the same areas every five to seven years. As recently as 2020, there were federal programs doling out millions to bring rural communities internet at 10/1 speeds—a metric that didn’t even meet the definition of broadband. BEAD aims to build networks not just for today, but for the future, which is why it prioritizes fiber. Also lost in the tech-neutral buzz is that fiber feeds all other technologies. Getting as much fiber into the ground as possible with BEAD funds will benefit innovation in, and the reach of, alternative technologies.
[Jade Piros de Carvalho was appointed Director of the Kansas Office of Broadband Development (KOBD) in June 2022.]
The Federal Communications Commission's Wireline Competition Bureau took additional measures to ensure that providers are receiving reimbursement from the Affordable Connectivity Program (ACP) for fully subsidized service only for households using their service, as required by the FCC’s rules. Concerning the FCC's ACP usage rule, the Bureau (1) has referred the matter to the FCC's Enforcement Bureau for further investigation; (2) has directed the Universal Service Administrative Company (USAC) to revise its methodology for proactively monitoring provider claims and de-enrollment data; and (3) has directed USAC to expand its program reviews to help ensure compliance with the non-usage rules. The non-usage rules are designed to ensure that ACP funding is targeted to households that are actually using their ACP service. Where a provider does not assess or collect a monthly fee from the enrolled household for the supported service, the household must use that service at least once every 30 days. If the household does not use its service during a 30-day period, the provider is required to notify the household that they will be de-enrolled if the household does not use the service within the next 15 days. On September 28, 2023, the FCC’s Office of Inspector General (OIG) issued an advisory about potential provider non-compliance with the ACP usage and de-enrollment rules among certain providers
In the Infrastructure Investment and Jobs Act, Congress tasked the Federal Communications Commission to “take steps to ensure that all people of the United States benefit from equal access to broadband internet access within the service area of a provider of such service.” In the statute, the term “equal access” refers to “equal opportunity to subscribe to an offered service that provides comparable speeds, capacities, latency, and other quality of service metrics in a given area, for comparable terms and conditions.” In principle, Congress’s directive is straightforward and reasonable considering the significant federal dollars being doled out to internet service providers (ISPs) for expanded high-speed broadband deployments. Moreover, the statement of the policy to avert digital discrimination attempts to guarantee that all communities—regardless of income level, race, ethnicity, color, religion, or national origin—will have available and affordable broadband internet access when the federal grant expires. A large part of the FCC’s activities revolves around developing a clear and supportable definition of digital discrimination. The most critical question is whether the agency should define digital discrimination based on a standard of “disparate impact” or “disparate treatment.”
As part of DISH’s involvement in the T-Mobile-Sprint transaction, and in connection with DISH’s related applications for an extension of time to complete construction of its facilities for its AWS-4, Lower 700 MHz E Block, and AWS H Block licenses, DISH committed to construct a nationwide 5G broadband network. The DISH Commitments, which were imposed as license conditions, required DISH to meet certain “concrete milestones,” including a set of “Band-Specific 5G Deployment Commitments” and “Nationwide 5G Commitments.” On July 14, 2023, DISH submitted its status report with detailed information on its compliance with these obligations as of June 14, 2023,3 and on September 25, 2023, DISH submitted a White Paper describing its proposed methodology for demonstrating compliance with one of the nationwide 5G commitments that must be verified by drive tests. Based on our review of your submission, the Federal Communications Commission's Wireless Telecommunications Bureau (Bureau) finds that DISH has met its band-specific 5G commitments and two of its three nationwide 5G commitments, and the Bureau accepts DISH’s proposed drive test methodology for verifying compliance with the remaining nationwide 5G commitment.
A new study of more than 750 strategy consultants showed that AI helped them produce better content, more quickly in many tasks—but the consultants were "less likely to produce correct solutions" by attempting tasks of similar difficulty which fell outside the AI model's capabilities.Of the consultants asked to develop new ideas—a challenge within GPT-4's known capabilities—those who received both AI access and guidance "consistently" performed better than those given AI access only. Both groups outperformed the control group. Those with AI access also worked faster and completed more of the 18 tasks, on average. Consultants who scored below average in the assessment task got the biggest boost from using AI later in the creativity experiment: Their output improved by 43%, compared to 17% for above average consultants. The other half of the group were tackling one company's deep problems, a topic that GPT-4 knew little about. Those using AI in their responses were "more likely to make mistakes" and 19% less likely to produce correct solutions compared to those without AI.
Policymakers
Governor Gavin Newsom Appoints Laphonza Butler to Complete Senator Feinstein’s Term in the US Senate
Governor Gavin Newsom (D-CA) selected Laphonza Butler—the President of the nation’s largest organization dedicated to electing women, EMILY’s List—to complete the United States Senate term of the late Senator Dianne Feinstein, which runs through 2024. Butler, a longtime senior adviser to Vice President Kamala Harris, labor leader, and advocate for women and working people, will be the first openly LGBTQ person to represent California in the Senate. She will also be the first Black lesbian to openly serve in Congress in American history and the second Black woman to represent California in the Senate following Vice President Kamala Harris. Butler will step down from her role as president of EMILY’s List, where she was the first woman of color and mother to lead the organization. Prior to joining EMILY’s List, Butler ran political campaigns and led strategy efforts for numerous companies, organizations, and elected leaders—including for Vice President Kamala Harris and Secretary of State Hillary Clinton. Butler was a key leader of Vice President Harris’s presidential campaign. For more than a decade, she served as the president of the largest labor union in California—SEIU Local 2015—a union representing more than 325,000 nursing home and home-care workers throughout the state. Previously, Butler served as President of SEIU United Long Term Care Workers (ULTCW) and also as SEIU’s Property Services Division Director, in which she was responsible for the strategic direction of organizing on behalf of more than 250,000 janitors, security officers, window cleaners, and food service workers across the country. Butler also served as an SEIU International Vice President and president of the SEIU California State Council. Butler was the former director of the Board of Governors of the Los Angeles branch of the Federal Reserve System. In 2018, she was appointed to the University of California Board of Regents by Governor Jerry Brown, where she served until 2021. She served in various other roles, including as a board member for the National Children’s Defense Fund, BLACK PAC, and the Bay Area Economic Council Institute, and as a fellow for the MIT Community Innovators Lab.
On Sept 30, the US Senate unanimously voted to confirm Geoffrey Starks and Brendan Carr to serve another term as Commissioners on the Federal Communications Commission (FCC). Senate Commerce Committee Chairwoman Maria Cantwell (D-WA) said, “Americans need a fully-equipped FCC that is ready to deliver on an agenda that puts consumers first. The agency cannot afford another deadlock or delay when it comes to expanding affordable broadband, protecting the security of our communications networks, driving innovative spectrum policies, and strengthening our local news. Today’s confirmation of Geoffrey Starks and Brendan Carr allows the FCC to have full membership and move forward.” Starks currently serves as an FCC Commissioner and was renominated by President Biden on May 30, 2023. The Committee held his nomination hearing on June 22 and advanced his nomination on July 12.
I am deeply honored to serve another term on the Federal Communications Commission. Day in and day out, this agency helps build a more innovative, secure, and equitable America. I’m thrilled to continue advancing that mission on behalf of the American public – and on a Commission that is operating at full strength. I would like to express my sincerest thanks to President Biden for his nomination and to Leader Schumer, Minority Leader McConnell, and Chair Cantwell for their support during the confirmation process. I also would like to congratulate Commissioner Carr on his confirmation. I consider Brendan a friend and a colleague and hold the deepest respect and admiration for his public service. I look forward to continue working together during my second term.
The reconfirmation of Commissioners Starks and Carr will allow the FCC to get down to business without worrying about possible disruptions. Commissioner Starks has provided stalwart support for media diversity and rapid broadband deployment, especially to those people and places that too many others have neglected. Benton does not always agree with Commissioner Carr, but in a time of deep partisan division, we do very much appreciate his collaboration on many issues, especially on spectrum matters.
Industry News
Broadband Forum, Fiber Broadband Association deal strives for ‘ubiquitous’ broadband delivery
The Broadband Forum is striving to better inform broadband providers of the work it’s doing in technical standards, with the help of the Fiber Broadband Association (FBA). In July, the Broadband Forum and FBA partnered to focus on developing and educating the broadband industry on best practices. They said the agreement will also broaden support for “ubiquitous broadband service delivery.” What that means is leveraging a combination of technologies to close the digital divide—not just fiber—according to Broadband Forum’s VP of Strategic Marketing and Business Development, Craig Thomas. The other side of ubiquitous broadband service is broadening the customer base. “We’re building networks now with a path to be truly multi-service. So it’s meeting business needs, residential, community services, industrial internet-of-thing (IoT), even mobile backhaul,” Thomas said. He described the agreement with the FBA as a “good marriage” in that FBA is well-versed in advocacy and can help “bring other partners in,” while Broadband Forum is “great at teaching where the technology is going.”
TDS elected to receive Enhanced Alternative Connect America Cost Model (E-ACAM) support from the Federal Communications Commission. TDS has communicated to the FCC the company will accept the FCC's offers in 24 states TDS serves. A-CAM, which is being extended and enhanced to provide additional funding for rural broadband, requires the deployment of at least 100/20 Mbps internet service to consumers who lack that service. TDS has been part of the A-CAM program since its inception in 2016. The extended program requires TDS to deploy high-speed internet to more than 270,000 locations. The E-ACAM program supports TDS’ ability to make long-term investments to improve rural broadband by providing predictable support over 15 years while aligning network deployment requirements with the federal Broadband Equity Access & Deployment (BEAD) program.
GeoLinks has a lot going on with fixed wireless access (FWA), Rural Digital Opportunity Fund (RDOF) deployments, gig+ speed offers, and spectrum bands. The company has more licenses in the 28 GHz band than any other license holder and "that will give us the opportunity to look into other states in the future,” said COO Ryan Adams. Investments from Rock Mountain Capital and JLC Infrastructure make GeoLinks' expansion plans possible and help GeoLinks build upon their significant spectrum footprint, delivering broadband to urban and rural communities, businesses and government institutions beyond their current footprint. Additionally, GeoLinks has begun offering gig+ speeds—exceeding 1 Gbps—using FWA in several metro markets. GeoLinks was also the winning bidder for RDOF funding in parts of California, Arizona and Nevada, though was only approved for Arizona and Nevada because the California Public Utilities Commission didn’t approve the company’s application for eligible telecommunications carrier (ETC) status. Its RDOF wins in Arizona and Nevada total $84.6 million, which GeoLinks will leverage to provide a combination of FWA and fiber broadband to support gigabit service.
Lumos, formerly known as NorthState, is establishing a fiber-optic network in the cities of Columbia, West Columbia and Irmo (SC) as part of an overall expansion into the state. Lumos initially announced its South Carolina plans with a $100 million investment in Richland and Lexington counties to build more than 1,200 miles of fiber-optic technology.
Upcoming Events
Oct 2-6––Digital Inclusion Week 2023 (NDIA)
Oct 2––All Together For Digital Inclusion - Stakeholder Summit 2023 (Digital Empowerment Community of Austin)
Oct 2––Will Broadband Be Affordable? Assessing Regulations for Broadband Subsidies (American Enterprise Institute)
Oct 3-5––What's Next For Broadband? (Community Broadband Action Network)
Oct 3––Task Force to Prevent Digital Discrimination Listening Session in Topeka (FCC)
Oct 4––CHIPS and Science Implementation and Oversight (Senate Commerce Committee)
Oct 5––Task Force to Prevent Digital Discrimination Listening Session in Topeka (FCC)
Oct 10-12––AnchorNets 2023 (Schools, Health and Libraries Broadband Coalition)
Oct 12-13––Digital Inclusion Research Forum (Federal Reserve Banks of Dallas, Atlanta, Philadelphia and Kansas City)
Oct 12-13––FCC Tribal Workshop at Indian Island, Maine (FCC)
Oct 19––2nd Annual Spectrum Summit (Joint Center for Politics and Economic Studies)
Oct 19––2023 Future of Black Communities Summit (Joint Center for Politics and Economic Studies)
Oct 19––October 2023 Open Federal Communications Commission Meeting
Oct 24––41st Annual Everett C. Parker Lecture & Awards Breakfast (United Church of Christ Media Justice Ministry)
Oct 24––The A.I. Divide: What is the Impact of Artificial Intelligence on Digital Equity? (Michelson 20MM)
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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