Daily Digest 12/14/2021 (Claude Herbert Oliver)

Benton Institute for Broadband & Society
Table of Contents

Digital Inclusion

7.1 Million Households Enrolled in Emergency Broadband Benefit, Adoption Varies Significantly by State  |  Read below  |  Tyler Cooper  |  Research  |  BroadbandNow
Republican Commerce Committee Leaders Seek Information About FCC's Response to EBB 'Fraud and Abuse'  |  Read below  |  Rep Cathy McMorris Rodgers (R-WA), Rep Bob Latta (R-OH), Sen Roger Wicker (R-MS), Sen John Thune (R-SD)  |  Letter  |  House of Representatives
The Affordable Connectivity Program  |  Read below  |  Analysis  |  Keller & Heckman
ISPs tell the FCC not to mandate subsidies on grandfathered broadband plans  |  Read below  |  John Eggerton  |  Multichannel News

Infrastructure

Boring telephone poles are secret to more broadband  |  Read below  |  Michael O'Rielly  |  Op-Ed  |  Boston Herald

Service

The 25/3 Mbps Myth  |  Read below  |  Doug Dawson  |  Analysis  |  CCG Consulting

Local Initiatives

Boston City Council takes up equitable access to broadband  |  Read below  |  Avery Bleichfeld  |  Bay State Banner
Door County, Wisconsin releases new study on broadband access  |  Read below  |  Christopher Clough  |  Green Bay Press Gazette
Austin joins legal fight over fees not paid to cities by Netflix, other streaming services  |  Austin-American Statesman

Spectrum/Wireless

Six Former FCC Chairs Criticize FAA's 5G Stance  |  Bloomberg
Wi-Fi 6E: ‘A spectrum update, not just a technology update’  |  RCR Wireless

Government Services

Transforming Federal Customer Experience and Service Delivery to Rebuild Trust in Government  |  Read below  |  President Joseph Biden  |  Public Notice  |  White House
Speeding Up Social Assistance in South Bend  |  Harvard University

Privacy/Security

Nearly Three-Fourths of Online Households Continue to Have Digital Privacy and Security Concerns  |  Read below  |  Michelle Cao  |  National Telecommunications and Information Administration
FTC takes on privacy and civil rights violations  |  Read below  |  Emily Birnbaum  |  Politico
CISA warns 'most serious' Log4j vulnerability likely to affect hundreds of millions of devices  |  CyberScoop
JASON Report on Facilities Cybersecurity  |  National Science Foundation

Platforms/Social Media

How People Can Make Smarter—and Healthier—Social-Media Choices  |  Wall Street Journal

This Amazon program has funneled thousands to anti-vax activists during the pandemic  |  Washington Post

From online dating to social media, algorithms are getting more assistance from humans  |  Wall Street Journal
Snapchat and Other Apps Were Used to Plan Flash-Mob Thefts, Police Say  |  Wall Street Journal

Content

Now in Your Inbox: Political Misinformation  |  New York Times

The Role of Media During the Pandemic: Connection, Creativity, and Learning for Tweens and Teens  |  Common Sense Media

Takedown notices are threatening online thrift shops — just as business is exploding  |  Vox

Health

Telehealth Became a Lifeline for Older Americans. But It Still Has Glitches.  |  New York Times

Labor

Apple faces probe over whether it retaliated against whistleblower  |  Financial Times

Accessibility

Diamond Releases its 2021 State of Accessibility Report  |  Diamond

Company News

Vox Media and Group Nine, digital media giants, have agreed to merge.  |  New York Times
The Vox Media-Group Nine deal — and all the other digital media deals — explained.  |  Vox
Elon Musk spurns subsidies after SpaceX sought them out  |  Read below  |  Emily Birnbaum  |  Politico
Charter showcases public-private partnership to expand rural broadband access  |  Read below  |  Rob Chambers  |  Total Telecom
Charter hands out free Peacock Premium for TV and Internet subs  |  Fierce
Vexus Fiber Announces New $80 million 100% Fiber Optic Network in Laredo, Texas  |  Vexus Fiber
Shareholders Press Facebook for Governance Changes  |  Wall Street Journal
SVB Financial Group Acquires Technology Equity Research Firm MoffettNathanson LLC  |  Silicon Valley Bank
Fiber Broadband Association Elects 2022 Board of Directors  |  Fiber Broadband Association

Policymakers

Cops Union Opposes Gigi Sohn's FCC Nomination  |  Multichannel News
Internet Law and Policy Foundry 2022-2024 Fellowship Program Application  |  Internet Education Foundation
Brad Bernthal Announced as New Interim Executive Director  |  Silicon Flatirons

Stories From Abroad

UK makes lukewarm commitments for Open RAN and 2G, 3G shutdown  |  Fierce
AT&T initiates 5G deployment in Mexico  |  Fierce

How We Live Now

How do we maintain workplace culture while working from home?  |  USA Today
Today's Top Stories

Digital Inclusion

7.1 Million Households Enrolled in Emergency Broadband Benefit, Adoption Varies Significantly by State

Tyler Cooper  |  Research  |  BroadbandNow

The federal government launched the Emergency Broadband Benefit in February 2021 to provide low-income households with a $50 monthly discount on their internet bill as part of a multi-pronged approach to reduce the digital divide, which is a function of both access to a wired high-speed internet service provider and the affordability of service. According to the Universal Service Administrative Company, enrollment in the Emergency Broadband Benefit reached 7.1 million households in November 2021 (up from 6.1 million in October). That is incredible growth, however as many as 30 million additional households likely qualify but are missing out. We wanted to understand how and where the EBB is being adopted across the US and found that adoption varies greatly by city, state and region. Understanding adoption is extremely important as Congress recently passed the Affordable Connectivity Program, which is replacing the EBB in 2022.  Our point of view is that additional marketing of the Affordably Connectivity Program, especially in under-enrolled regions, is the best way to reduce the affordability component of the digital divide. For this report we estimated the number of qualifying households by zip code and compared it to adoption data released by the USAC.

[Tyler Cooper is the Editor-in-Chief at BroadbandNow.]

Republican Commerce Committee Leaders Seek Information About FCC's Response to EBB 'Fraud and Abuse'

Rep Cathy McMorris Rodgers (R-WA), Rep Bob Latta (R-OH), Sen Roger Wicker (R-MS), Sen John Thune (R-SD)  |  Letter  |  House of Representatives

Reps Cathy McMorris Rodgers (R-WA) and Bob Latta (R-OH), along with Sens Roger Wicker (R-MS) and John Thune (R-SD) sent a letter to Federal Communications Commission Chairwoman Jessica Rosenworcel seeking information about the agency’s response after the FCC Office of Inspector General (OIG) found that broadband providers have been fraudulently enrolling households in the Emergency Broadband Benefit (EBB) program. The providers falsely claimed that certain customers’ households had children attending schools participating in the National School Lunch Program’s Community Eligibility Provision (CEP) in order to obtain EBB funds. The OIG found that in some CEP schools, the number of households enrolled in EBB based on students attending that school far exceeded the number of students actually attending the school. "The upcoming transition of the EBB to the [Affordable Connectivity program] provides further reason for concern," says the letter. "We are concerned that the FCC may proceed with rules for a permanent ACP that do not adequately protect American taxpayers or best serve eligible households." To "help Congress ensure that the FCC is appropriately administering and overseeing the EBB program," the lawmakers asked the FCC to respond to a series of questions by January 7, 2022.

The Affordable Connectivity Program

Analysis  |  Keller & Heckman

The Infrastructure Investment and Jobs Act allocates $65 billion to support various broadband initiatives. Keller & Heckman previously examined the $42.45 billion Broadband Equity, Access and Deployment (“BEAD”) Program and the $1 Billion Middle Mile Grant Program, each of which focuses on deploying broadband networks to unserved and underserved areas. This entry reviews the Act’s program aimed at making broadband services more affordable and accessible through a $14 billion subsidy for low-income households, the Affordable Connectivity Program. Essentially, the Affordable Connectivity Program (“ACP”) expands and makes permanent the temporary Emergency Broadband Benefit (“EBB”) program created in response to COVID-19. Under the ACP, participating broadband providers will receive up to $30/month to provide discounted broadband service to low-income households (households on tribal lands and in “high-cost areas” are eligible for up to $75/month). The ACP will be subject to the regulations of the Federal Communications Commission and administered by the Universal Service Administrative Company (“USAC”). On November 18, 2021, the FCC issued a Public Notice seeking comments on how to implement the new program requirements. Initial comments were due December 8, 2021, with reply comments due December 28, 2021.

ISPs tell the FCC not to mandate subsidies on grandfathered broadband plans

John Eggerton  |  Multichannel News

Internet service providers (ISPs) are telling the Federal Communications Commission not to require ISPs to allow broadband subsidy recipients to apply those subsidies to grandfathered plans, arguing that it would be burdensome and confusing, though they also said they should be free to apply the subsidies to select grandfathered plans. The ISPs argue that requiring that the subsidy be applied to older plans being phased out could prove problematic in terms of billing and conflicts with the statute's language about plans that are "generally available." The FCC sought input on how to transition Congress' COVID-19-realated Emergency Broadband Benefit (EBB) subsidy program to the new, $14 billion, Affordable Connectivity Program (ACP) subsidy in the infrastructure bill, including on how to interpret the Congressional mandate that the subsidy be applied to “any internet service offering” and whether that extended to “legacy or grandfathered" plans. Those grandfathered plans are ones no longer offered to new customers but maintained for legacy customers until the plans are phased out. Those could include plans inherited by a company when it bought another ISP.

Infrastructure

Boring telephone poles are secret to more broadband

Michael O'Rielly  |  Op-Ed  |  Boston Herald

Infrastructure is a hot topic these days as Congress considers ways to make multi-trillion dollar investments in areas of disrepair or to fund new projects. A critical infrastructure component has been excluded from the discussion: Telephone poles. These poles, along with rights-of-way, are essential to bringing high-speed broadband to unserved Americans and offering new choices. Yet, current federal, state, and local policies are not enough to prod greater access to poles and rights-of-way by providers building broadband in unserved communities. There are simple fixes that would drastically improve the situation. Top of the list should be requiring all pole and rights-of-way managers, notwithstanding structure or size, to comply with federal law on the subject, which helps govern rates, replacement, and approval processes. Right now, many of those entities fall outside of these requirements. In the interim, individual states need to step to the plate, as Florida and others are looking to do, to enact strong state laws, comparable to the federal system. In addition, local governments should demand that their electric power companies make poles and rights-of-way available to broadband providers in a cost-efficient and timely manner. Almost everyone agrees that expanding and improving private sector broadband networks should be a priority.  Making that happen, however, requires fixing pole attachment and right-of-way processes so that broadband providers actually can bring service to our neighbors missing out.

[Michael O’Rielly is a former FCC Commissioner and a 20-year staff member of the US Senate and House focusing on technology and telecommunications policy.]

Service

The 25/3 Mbps Myth

Doug Dawson  |  Analysis  |  CCG Consulting

There is no such thing as a 25/3 Mbps broadband connection, or a 100/20 Mbps broadband connection, or even a symmetrical gigabit broadband connection on fiber. For a long list of reasons, the broadband speeds that make it to customers vary widely by the day, the hour, and the minute. And yet, we’ve developed an entire regulatory system built around the concept that broadband connections can be neatly categorized by speed. What do regulators mean when they set a speed definition of 25/3 Mbps? Does that represent the slowest speed that can be achieved, the fastest speed that can be achieved, or the average speed? There is no consensus on that. When a telco says it can deliver a speed of 25/3 Mbps the company is implying that it is capable of that speed, but doesn’t guarantee it. The definition of speed ought to be based on technology and not on the fiction of meeting achieving an imaginary speed goal. If the Federal Communications Commission wants to allow federal grants to overbuild DSL, they should say so. If they want to protect cable companies from competition, they should say so. But a policy that favors or disfavors certain technologies will never fly in a country where lobbyists influence policy. Instead, we’re going to keep seeing definitions of speeds that give the big ISPs the ammunition they need to fight against competition.

[Doug Dawson is President of CCG Consulting.]

Local

Boston City Council takes up equitable access to broadband

Avery Bleichfeld  |  Bay State Banner

Boston (MA) City Councilors held a hearing on the need for better, more equitable broadband connection citywide and improved digital equity in the city. They also discussed changes to existing federal assistance for internet access. The hearing was called due to concerns over the ability of all Boston residents, regardless of where in the city they live and how much money they make, to access reliable internet connections. These concerns, which advocates said existed before the COVID-19 pandemic, were only driven home by the business and school shutdowns that left much of the day-to-day workings of the city online. The struggle for some Bostonians is ongoing. 2019 data from the American Community Survey found that 13.4 percent of households in the Greater Boston area had no internet connection in their home. Over five years of data, that number gradually decreased from nearly 23 percent of Greater Boston households in 2015. Panelists supported free Wi-Fi initiatives as a part of a broader network of connection options but not necessarily as a primary solution. Speakers at the hearing also discussed the possibility of municipal broadband, where the broadband network is owned and operated fully or partially by a local government.

Door County, Wisconsin releases new study on broadband access

Christopher Clough  |  Green Bay Press Gazette

Results of a study and survey commissioned by the Door County Economic Development Corp. (DCEDC) on high-speed broadband internet service in the Wisconsin county confirmed what many have long thought — there isn't much broadband available, some areas have little or no internet access at all, and what there is often doesn't offer adequate service. The results provide a basis for developing a plan to make high-speed internet available across the Peninsula, DCEDC executive director Steve Jenkins said. "Those are the salient points that put some substance to what we suspected," Jenkins said. "It gives us the foundation to launch a countywide effort to bring broadband to as many places as we can as is economically feasible." The DCEDC formed a Broadband Study Committee that worked with broadband infrastructure engineering assessment consultants Finley Engineering and CCG Consulting on the study, which took six months to complete. The full report runs 215 pages, but a 26-page summary written in layman's terms is available on the DCEDC website.

Government Services

Transforming Federal Customer Experience and Service Delivery to Rebuild Trust in Government

President Joseph Biden  |  Public Notice  |  White House

President Joe Biden directs that Government leaders account for the experiences of the public in seeking Government services. The Executive Order includes 36 customer experience (CX) improvement commitments across 17 Federal agencies, all of which aim to improve people’s lives and the delivery of Government services. The Executive Order also creates a sustained, cross-government service delivery process that aligns to the moments that matter most in people’s lives – like turning 65, having a child, or applying for a small business loan. As part of this framework, the Administration will work to identify and define critical services that meet customers’ needs and expectations, assess performance delivery and report it publicly, incorporate customer feedback during each interaction, and ultimately ensure services deliver a better experience to the public. The Government has designated 35 High-Impact Service Providers in Federal agencies as key service providers due to the volume and types of benefits, services, and programs they deliver to the public. Federal agencies commit to modernizing programs, reducing administrative burdens, and piloting new online tools and technologies that can provide a simple, seamless, and secure customer experience.

Privacy

Nearly Three-Fourths of Online Households Continue to Have Digital Privacy and Security Concerns

The security and privacy landscape has continued to evolve since NTIA first asked about it in the 2015 Internet Use Survey. High-profile data breaches and debates about the role of technology in people’s lives have kept concerns about privacy and security in the forefront. The spread of emerging technologies such as smart home devices and always-on voice assistants, as well as business models predicated on the collection, use, and sale of personal information, means these concerns have taken on increased urgency. As NTIA will be exploring in listening sessions, these concerns are especially acute for those in marginalized or underserved communities. These communities can sometimes face higher risks of harm from the loss of privacy or misuse of data. In 2019, most Internet-using households in America expressed concerns regarding digital privacy, according to data from the NTIA Internet Use Survey. While fewer households had concerns about digital privacy and security and deterred online activities in 2015 vs. 2017, rates have held steady from 2017 to 2019. In 2019, 73 percent of Internet-using households in 2019 had significant concerns about online privacy and security risks, and 35 percent said such worries led them to hold back from some online activities.

FTC takes on privacy and civil rights violations

Emily Birnbaum  |  Politico

The Federal Trade Commission may soon initiate a rulemaking that would allow the agency to take punitive action against tech companies for abuses of customers’ privacy and civil rights. The FTC made the announcement in a regulatory filing as part of its statement of regulatory priorities, The tweak would be meant to “curb lax security practices, limit privacy abuses, and ensure that algorithmic decision-making does not result in unlawful discrimination,” the agency said. This kind of rulemaking could allow the FTC to punish companies on their first offense, something the agency currently can’t do. “Once the rule is in place, a company is essentially on notice of its obligations and what rights it has to respect on the part of consumers and what it has to do to protect the security of data and ensure that its data practices are not discriminatory,” said John Davisson, a senior counsel with the digital privacy rights group Electronic Privacy Information Center. “If it then violates those restrictions, it can be fined per violation by the FTC, without having to go through the consent order process.” That could mean up to $43,000 fines per violation. Davisson called the development “very significant” but cautioned that results might be a long way off. If the FTC does decide to move forward with the rulemaking, the agency will have to first go through several rounds of public deliberations, will need to invite comment from the public and circulate several drafts. All that could take a year or more.

Company News

Elon Musk spurns subsidies after SpaceX sought them out

Emily Birnbaum  |  Politico

SpaceX CEO Elon Musk made a stir when he recently said that the US should “get rid of all” federal subsidies. “Just delete them all,” Musk, the world’s richest man, demanded. Musk’s comments were met with particular skepticism in the tech policy world; SpaceX is known for its aggressive pursuit of federal subsidies for SpaceX’s satellite internet division from the FCC. Since 2012, SpaceX has received $5.6 million in federal and state subsidies and Tesla has received $2.5 million, according to data from Good Jobs First, a group that advocates against corporate subsidies. Overall, Musk’s companies had received $4.9 billion in government support as of 2015, according to the Los Angeles Times — much of which came in the form of subsidies. In 2020, Starlink won almost $900 million as part of the Rural Digital Opportunity Fund, an FCC program meant to bring high-speed internet service to homes and small businesses in rural areas. That award made SpaceX the fourth-highest awardee for those funds. SpaceX fought hard to be eligible for the rural opportunity fund, over objections from critics who said satellite companies were not well-suited to achieve that program’s goals. But the FCC, then under Trump-era Chair Ajit Pai, doled out the money to SpaceX anyway. Arlene Martinez, communications director at advocacy group Good Jobs First, said she was “cheered to hear Musk support ending his run of receiving huge, publicly funded federal subsidy packages.” “Surely he’d agree that he should stop extracting public money from local, regional and state governments too,” she added.

Charter showcases public-private partnership to expand rural broadband access

Rob Chambers  |  Total Telecom

Cherokee County (SC) and Charter Communications have announced a public-private partnership that over the next two years is set to expand high-speed internet access countywide. More significantly this could be a model for expanding rural broadband access across the United States. Initial dollars for the ambitious project will come from the Rural Digital Opportunity Fund (RDOF), a $20.4 billion fund established by the Federal Communications Commission to bring high speed fixed broadband service to rural homes and small businesses that lack it. In the case of Cherokee County over $3 million have been awarded to connect around 3,000 homes and small businesses to quality, high-speed internet service - all in areas currently completely unserved, according to the FCC rules. The interesting part of this deal is how it will reach beyond the limit of the RDOF expansion. Charter have been contracted by Cherokee County has to deploy approximately 173 additional miles of network infrastructure, which will provide service to about 1,466 additional homes and small businesses. The funding comes from Cherokee County, the Cherokee County School District and the Spartanburg Regional Foundation who together will invest $3 million to extend service to these areas, with Charter privately funding the remainder. This project demonstrates the approach of Charter to extending internet access. In January 2021 they announced a $5 billion initiative to deliver high-speed internet to one million homes and small businesses across the country.

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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) and Grace Tepper (grace AT benton DOT org) — we welcome your comments.


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