Tuesday, November 26, 2024
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Cruz Creating Detours on the Road to Internet For All
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The Universal Service Fund is headed to the Supreme Court. Now what?
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The Department of Commerce’s National Telecommunications and Information Administration (NTIA) has approved and recommended an application from Illinois, allowing the state to request access to more than $23 million to implement its Digital Equity Plan. This funding comes from the $1.44 billion State Digital Equity Capacity Grant Program, one of three Digital Equity Act grant programs created by the Infrastructure Investment and Jobs Act. Illinois will use the $23,732,912 in funding to implement key digital equity initiatives, including creating a dashboard to measure progress toward digital equity and launching university partnerships and recruiting nonprofits and community-based organizations to serve as regional digital equity champions/conveners.
Through the Infrastructure Investment and Jobs Act, Congress and the Biden Administration created the “Internet for All” Initiative, a $65 billion investment to ensure all Americans can access affordable, reliable, and high-speed internet. But with new leadership coming to the White House and the U.S. Senate in January, the promise of the Infrastructure Investment and Jobs Act may not be realized. On November 21, 2024, incoming Senate Commerce Committee Chairman Ted Cruz (R-TX), sent a pair of letters to the U.S. Department of Commerce's National Telecommunications and Information Administration (NTIA), the Executive Branch agency charged with implementing the broadband provisions of the Infrastructure Investment and Jobs Act. The letters—one about the Broadband Equity, Access, and Deployment (BEAD) Program, and the other about the Digital Equity Act—effectively instruct NTIA to ignore the law and halt progress towards universal connectivity in the U.S. Here we take a look at Sen. Cruz's letters and their potential impact.
The fate of the $8 billion Universal Service Fund (USF) now lies in the hands of the Supreme Court, which has the power to determine whether the subsidy program is unconstitutional. The legality issue concerns the Federal Communications Commission’s choice to delegate the administration of USF programs (Connect America Fund, Lifeline, E-Rate and Rural Health Care) to a private third party—the Universal Service Administrative Company (USAC). The Sixth and Eleventh Circuits have already ruled to uphold the constitutionality of the USF’s current funding mechanism. New Street Research policy analyst Blair Levin thinks the Supreme Court will side with their decision, but the outcome is “far from certain.” We probably won’t know the Supreme Court’s decision until June 2025. But one key factor weighing on the USF’s future is Elon Musk’s influence on telecom policy. As head of the Trump administration’s new Department of Government Efficiency, Musk could push the idea that the current USF program is “inefficient and should be scrapped,” said Levin. Musk could also suggest the government move forward with a more “narrowed” USF program geared toward deploying his Starlink satellite service.
FCC Issues Temporary Waiver of Certain Lifeline Rules and Allows T-Mobile to Provide Service on Emergency Basis
The Federal Communications Commission takes emergency action to ensure continuity of Lifeline service for the Lifeline households formerly served by Q Link Wireless LLC prior to its suspension. The FCC finds good cause exists to temporarily waive certain Lifeline requirements to prevent disruption to certain Lifeline subscribers’ service in the wake of Q Link’s suspension from the Lifeline program. The waiver of these rules will allow T-Mobile USA, Inc, with which Q Link contracted as an underlying service provider for its previous Lifeline offering, to provide the Lifeline-discounted service on an emergency basis to persons who would otherwise abruptly lose that service.
The Commerce Department remains committed to economic growth and support for America’s Tribal communities because of President Biden’s leadership in addressing historic inequities. Over the past four years, the Biden-Harris Administration has demonstrated an unprecedented commitment to closing the digital divide in Native communities and significant investments have been made in high-speed internet for Tribal communities across America. Over the past four years, the Biden-Harris Administration has demonstrated an unprecedented commitment to closing the digital divide in Native communities and significant investments have been made in high-speed internet for Tribal communities across America. The National Telecommunications and Information Administration’s (NTIA) Tribal Broadband Connectivity Program (TBCP) remains the largest investment ever in high-speed Internet service on Tribal lands. NTIA’s first funding notice resulted in awards totaling $1.86 billion to 226 Tribal entities. These projects have already connected or lowered Internet costs for more than 4,500 Tribal homes, with many more to come. In 2023, NTIA launched a second funding notice, making up to $980 million available for Native American, Alaska Native and Native Hawaiian communities for the deployment of Internet infrastructure on Tribal Lands, affordability programs, telehealth and distance learning initiatives. Recently, $72 million to the Department of Hawaiian Homelands was announced as the first reward to expand high-speed Internet access and adoption in Native Hawaiian households.
Read more to learn how NTIA and Native communities are working together – and see the impacts of digital equity in these communities.
10,000 Michigan homes and businesses receiving critical high-speed internet connectivity through ROBIN grants
Gov. Gretchen Whitmer (D-MI) and the Michigan High-Speed Internet Office (MIHI) celebrated investments that connected more than 10,000 homes and businesses to high-speed internet thanks to Realizing Opportunity with Broadband Infrastructure Networks (ROBIN) funding. Providing access to affordable high-speed internet will benefit more Michiganders with online learning, healthcare and economic opportunities. MIHI is working to create a more digitally equitable Michigan where everyone can leverage technology to improve their quality of life. Connecting these 10,000 homes and businesses is a milestone in what will be a continuation of ROBIN funding bringing broadband connectivity across the state. The second and final round of ROBIN grants has been awarded and will expand the program to invest $238 million in grant funds and an additional $218 in private matching funds to bring high-speed internet access to more than 71,500 previously unserved locations throughout the state. The second round of ROBIN grant awards included $71,776,890.94 in grant funds awarded to 17 total projects from seven applicants who are providing another $86,380,646.20 in matching funds. These projects will connect 16,023 Michigan houses and businesses that don’t have access to high-speed internet. In total, the ROBIN program will provide $238 million in federal funding to support the deployment of high-speed internet throughout the state thanks to the U.S. Department of Treasury’s Coronavirus Capital Projects Fund investment.
APPLICANT | PROJECT NAME | COUNTY(IES) | TOTAL LOCATIONS | GRANT AMOUNT |
---|---|---|---|---|
123Net | Ottawa County | Ottawa | 2,456 | $8,836,466.96 |
Aspire Network |
Highline/Aspire Upper Peninsula Region | Chippewa, Marquette, Delta, Menominee, Dickinson, Schoolcraft, Luce, Mackinac | 1,243 | $8,888,183.37 |
Brightspeed | Brightspeed/Bay County | Bay | 56 | $67,899.44 |
Brightspeed | Brightspeed/Missaukee County | Missaukee | 254 | $574,918.84 |
Brightspeed | Brightspeed/Sanilac County | Sanilac | 79 | $131,260.08 |
DMCI Broadband, LLC | DMCI- Hillsdale/Branch | Branch, Hillsdale | 299 | $2,293,539.30 |
Frontier North | Frontier North/Clinton County | Clinton | 3,297 | $14,975,732.31 |
Spectrum | Charter/Mason County | Mason | 468 | $1,045,296.72 |
Spectrum | Charter_HillsdaleCo | Charter/Hillsdale County | 555 | $499,405.65 |
Spectrum | Charter/Ionia County | Ionia | 583 | $1,816,744.60 |
Spectrum | Charter/Shiawassee County | Shiawassee | 933 | $3,220,529.40 |
Spectrum | Charter/Genesee County | Genesee | 793 | $902,917.73 |
Spectrum | Charter/StJoseph County | St. Joseph | 457 | $1,079,251.20 |
Spectrum | Charter/Roscommon County | Roscommon | 262 | $875,530.64 |
Spectrum | Charter Antrim County | Antrim | 1,023 | $2,139,522.66 |
Spectrum | Eastern Chippewa County | Chippewa | 1,979 | $15,871,164.41 |
Thumb Electric Cooperative | TEC Region | Huron, Sanilac | 1,286 | $6,243,478.56 |
Walter Prescher, a father of twelve, Methodist pastor, and Iraq war veteran with three Army tours, has been working hard to help other veterans and military families across rural areas surrounding Houston get more comfortable using the internet. His deep connection to the community, especially with veterans, makes him a trusted figure as a community resource for people in hard-to-reach areas, teaching them how to use technology to access services, stay in touch with loved ones, and be safe online. For Walter, it’s more than just teaching people how to use a computer—it’s about changing lives. “A big part of what I do is help military families build the lives they want during and after service,” Walter shares. “The internet has been a game-changer for so many of them. From telehealth to staying connected with their benefits, it’s all digital now.” Walter’s military service and familiarity with the community, led the Easter Seals of Greater Houston (ESGH) to hire him as its digital navigator for their community of veterans, people with disabilities, and their families.
In 2023, AT&T announced a 50/50 joint venture with the investment firm BlackRock to form an open-access fiber network company called Gigapower, with AT&T Fiber as the anchor tenant. The Communications Workers of America (CWA), which represents the majority of AT&T’s frontline workforce, has closely tracked the Gigapower build-out in several markets. This report is the first in a series of market spotlights looking at Gigapower’s deployments nationwide, and finds the following:
1. Gigapower puts public safety and public assets at risk by improperly vetting the dozens of contractors building its network.
- Gigapower is using at least 35 contractors on its deployments across nine states.
- In two cities in particular– Mesa, Arizona and Bloomington, Minnesota—Gigapower contractors have been responsible for nearly 450 incidents of damage to the public right of way, and dozens of preventable underground utility hits.
2. Gigapower’s workforce model is fraught with exploitative, low-road employment practices.
- These practices include the use of independent contractors and temporary staffing agencies that do not provide workers safety training or personal protective equipment to build the network.
- Major Gigapower contractors have track records of labor law and safety violations.
- Gigapower itself does not appear to employ any technicians building the network.
3. AT&T's fiber strategy contributes to the erosion of telecom job quality and stability.
- AT&T’s aggressive strategy to partner with BlackRock to deploy fiber using networks of nonunion contractors contributes to the financialization of broadband. The short-term focus on profits through outsourcing– or fissuring– of work erodes the quality and stability of family-sustaining telecommunications careers.
RightFiber, a brand of Ritter Communications, agreed in principle to acquire the City of Ruston’s fiber optic broadband network in Louisiana. The transaction is expected to close in the first quarter of 2025. RightFiber will continue serving existing business customers at that time. Ruston Mayor Ronny Walker said, “RightFiber’s personal approach and future-minded vision set them apart as a service provider. As a dedicated municipal partner, RightFiber is invested in the success and growth of our community.” “This acquisition represents our commitment to delivering future-proof technology to Ruston’s thriving community and expands our company’s operations into the vibrant northern Louisiana area,” Ritter Communications CEO Heath Simpson said. “We plan to expand our 100% fiber network not only within the business community, but to Ruston residential neighborhoods as well, positioning the area as a regional broadband leader and making it a Gigabit City.”
The Supreme Court signaled it may take up a case that could determine whether Internet service providers must terminate users who are accused of copyright infringement. In an order, the court invited the Department of Justice's solicitor general to file a brief "expressing the views of the United States." In Sony Music Entertainment v. Cox Communications, the major record labels argue that cable provider Cox should be held liable for failing to terminate users who were repeatedly flagged for infringement based on their IP addresses being connected to torrent downloads. There was a mixed ruling at the US Court of Appeals for the 4th Circuit as the appeals court affirmed a jury's finding that Cox was guilty of willful contributory infringement but reversed a verdict on vicarious infringement "because Cox did not profit from its subscribers' acts of infringement." That ruling vacated a $1 billion damages award and ordered a new damages trial. Cox and Sony are both seeking a Supreme Court review. Cox wants to overturn the finding of willful contributory infringement, while Sony wants to reinstate the $1 billion verdict. The Supreme Court asking for US input on Sony v. Cox could be a precursor to the high court taking up the case.
Over the past few years, Americans have lived through an unprecedented surge in censorship. Your companies [Google, Microsoft, Meta/Facebook, and Apple] played significant roles in this improper conduct. Big Tech companies silenced Americans for doing nothing more than exercising their First Amendment rights. They targeted core political, religious, and scientific speech. And they worked—often in concert with so-called “media monitors” and others—to defund, demonetize, and otherwise put out of business news outlets and organizations that dared to deviate from an approved narrative.... I am writing to obtain information from you that can inform the [Federal Communications Commission's] work to promote free speech and a diversity of viewpoints. As you know, Big Tech’s prized liability shield, Section 230, is codified in the Communications Act, which the FCC administers. As relevant here, Section 230 only confers benefits on Big Tech companies when they operate, in the words of the statute, “in good faith.” It is in this context that I am writing to obtain information about your work with one specific organization—the Orwellian named NewsGuard. To help inform FCC action, please provide me with the following. Please provide your complete response by December 10, 2024.
- A list of every one of your products or services (if any, including advertising) that use or rely on any NewsGuard product, service, or ranking.
- A list of every one of your products or services (if any) that enables any of your users or customers to use or rely on any NewsGuard product, service, or ranking.
- If you offer an advertising service, provide details on the use of any media monitor or fact-checking service, including NewsGuard, that you may utilize.
- If you use third party advertising or marketing agencies to enable advertising within or with your products, please identify the advertising or marketing agencies you work or partner with.
Any time there is a change of administration at the White House the Federal Communications Commission gets a new Chairman and a new agenda—and we now know the new Chairman will be current Commissioner Brandon Carr. With a new Chairman comes new policies, but also a turn against some of the policies of the previous FCC. There are a few things that obviously get reversed. First is net neutrality, which is poorly named and is really an effort to put some regulatory oversight on broadband. It seems likely that Commissioner Carr will reverse Chairman Rosenworcel’s decision on discrimination. Internet service providers (ISPs) were strongly in favor of an intentional discrimination standard, while the FCC instead chose a disparate discrimination standard, which means that discrimination can be proved by seeing the impact of ISP actions on the public. One of the big wins for the Rosenworcel FCC was an emphasis on going after spam robocallers. It’s hard to think this will be reversed, and more likely will be strengthened.
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 Zoe Walker (zwalker AT benton DOT org) — we welcome your comments.
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