Daily Digest 12/14/2023 (News From the FCC)

Benton Institute for Broadband & Society
Table of Contents

News From the FCC Meeting

FCC Adopts Updated Data Breach Notification Rules To Protect Consumers  |  Read below  |  Press Release  |  Federal Communications Commission
     See also: Republican Representatives Send Letter to FCC about Congressional Review Act (CRA) Violation  |  House of Representatives
Federal Communications Commission Seeks to Improve Pole Attachment Process  |  Read below  |  Press Release  |  Federal Communications Commission
Federal Communications Commission Adopts Further Improvements to Rural Health Care Program  |  Read below  |  Press Release  |  Federal Communications Commission
Federal Communications Commission Proposes 100 Percent of Mobile Phones Be Hearing Aid Compatible  |  Read below  |  Press Release  |  Federal Communications Commission
Federal Communications Commission Acts Against Video Service Junk Fees  |  Read below  |  Press Release  |  Federal Communications Commission
Federal Communications Commission Closes 'Lead Generator' Robocall Loophole & Adopts Robotexts Rules  |  Federal Communications Commission

Broadband Funding

SpaceX blasts FCC as it refuses to reinstate Starlink’s $886 million grant  |  Ars Technica
3 major takeaways emerge from US Broadband Summit  |  Read below  |  Linda Hardesty, Diana Goovaerts, Masha Abarinova  |  Fierce

State/Local

Healey-Driscoll Administration Awards $20 Million to Boost Digital Equity  |  Read below  |  Press Release  |  Massachusetts Broadband Institute
Benton Foundation
Paying It Forward in Washtenaw County  |  Read below  |  Pierrette Renée Dagg  |  Op-Ed  |  Benton Institute for Broadband & Society
Baltimore City’s Digital Inclusion Strategy  |  Read below  |  Research  |  Baltimore City Office of Information and Technology

Prepare Your Community for Broadband Deployment Opportunities  |  Utah Governor's Office of Economic Opportunity

Wireless

Why Li-Fi Might be Better than Wi-Fi  |  Institute of Electrical and Electronics Engineers

Artificial Intelligence

Sen Edward Markey (D-MA) Introduces Legislation to Mandate Civil Rights Offices in Federal Agencies That Handle Artificial Intelligence  |  Read below  |  Press Release  |  US Senate
News Publishers See Google’s AI Search Tool as a Traffic-Destroying Nightmare  |  Wall Street Journal
Chatbot Hype or Harm? Teens Push to Broaden A.I. Literacy  |  New York Times
ChatGPT Creator OpenAI to Pay Politico Parent for Using Its Content  |  Wall Street Journal
Zach Seward Is the Newsroom’s Editorial Director of A.I. Initiatives  |  New York Times
Op-ed | OpenAI’s drama marks a new and scary era in artificial intelligence  |  Los Angeles Times
Brian Merchant | This was the year of AI. Next year is when you should worry about your job  |  Los Angeles Times

Platforms

AI-generated Nazi memes thrive on Musk’s X despite claims of crackdown  |  Washington Post

Elon Musk’s X ad revenue reportedly fell $1.5B this year amid boycotts  |  Ars Technica

Google is rolling out new protections for our location data  |  Washington Post

Science doesn’t yet support broad restrictions on teens’ access to social media, experts say  |  Los Angeles Times
Moderating Speech on Social Media Platforms: A Matter of Private Editorial Discretion, Not Government Compulsion  |  American Enterprise Institute

Elections & Media

Inside the Troll Army Waging Trump’s Online Campaign  |  New York Times

Government & Communications

State Dept.’s Fight Against Disinformation Comes Under Attack  |  New York Times

Government Performance

Technology Modernization Fund: Although Planned Amounts Are Substantial, Projects Have Thus Far Achieved Minimal Savings  |  Government Accountability Office
Understanding Abuse of Federal Programs: Challenges Identifying and Determining Abuse of Federal Programs  |  Government Accountability Office

Climate/Energy

Mobilizing a Connected Technology Moonshot To Accelerate Climate Progress  |  Newsweek

Ownership

One-Time Information Collection Filing Window for International Section 214 Authorization Holders to Provide Foreign Ownership I  |  Federal Communications Commission

Policymakers

National Digital Inclusion Alliance Recognizes Record-Setting 47 Digital Inclusion Trailblazers  |  Read below  |  Paolo Balboa  |  Press Release  |  National Digital Inclusion Alliance
Fiber Broadband Association Elects 2024 Board of Directors  |  Fiber Broadband Association

Industry News

The Trajectory of the Broadband Industry  |  Read below  |  Doug Dawson  |  Analysis  |  CCG Consulting

Stories From Abroad

Tackling consumer confusion about broadband technology  |  Read below  |  Press Release  |  Ofcom
Threads launches for nearly half a billion more users in Europe  |  Vox
Ukrainian cellular and Internet still out, 1 day after suspected Russian cyberattack  |  Ars Technica
Australian Strategic Policy Institute: Pro-China YouTube Network Used A.I. to Malign U.S.  |  New York Times
Fake social media accounts are targeting Taiwan's presidential election  |  National Public Radio
Today's Top Stories

FCC Meeting

FCC Adopts Updated Data Breach Notification Rules To Protect Consumers

Press Release  |  Federal Communications Commission

The Federal Communications Commission adopted rules to modify it’s 16-year-old data breach notification rules to ensure that providers of telecommunications, interconnected Voice over Internet Protocol (VoIP), and telecommunications relay services (TRS) adequately safeguard sensitive customer information.  The action would hold phone companies accountable for protecting sensitive customer information, while enabling customers to protect themselves in the event that their data is compromised. Existing breach notification rules provide important protections against the risk of improper access, use, or disclosure of customer data, helping to ensure that carriers are held accountable when breaches occur, and that they provide customers with adequate and timely notice.  However with the increase in frequency and severity of data breaches over recent years, these rules needed to be updated to reflect the current security landscape. This action will expand the scope of the FCC’s breach notification rules to cover certain personally identifiable information that carriers and TRS providers hold with respect to their customers.  It also expands the definition of “breach” to include inadvertent access, use, or disclosure of customer information, except in those cases where such information is acquired in good faith by an employee or agent of a carrier or TRS provider, and such information is not used improperly or further disclosed. The Report and Order will require carriers and TRS providers to notify the FCC of breaches, in addition to their current obligation to notify the United States Secret Service and Federal Bureau of Investigation, via the existing central reporting facility.  It will also eliminate the requirement to notify customers of a breach in those instances where a carrier or TRS provider can reasonably determine that no harm to customers is reasonably likely to occur as a result of the breach, or where the breach solely involves encrypted data and the carrier or provider has definitive evidence that the encryption key was not also accessed, used, or disclosed.  It will also eliminate the mandatory waiting period for carriers and TRS providers to notify customers. Instead, it will require carriers and TRS providers to notify customers of breaches of covered data without unreasonable delay after notification to the FCC and law enforcement agencies, and in no case more than 30 days after reasonable determination of a breach, unless a delay is requested by law enforcement.

Federal Communications Commission Seeks to Improve Pole Attachment Process

Press Release  |  Federal Communications Commission

The Federal Communications Commission voted to further reform its pole attachment rules and policies to promote faster and more cost effective broadband deployment. These new rules will allow for faster resolution of pole attachment disputes and provide pole attachers with more detailed information about the poles they plan to use as part of their broadband buildouts. Utility poles are key to the FCC’s efforts to support the deployment of broadband infrastructure as those poles support the wires and equipment that carry broadband to American homes and businesses. The new rules will speed the pole attachment dispute resolution process by establishing a new intra-agency rapid response team and providing the team with specific criteria to apply when considering complaints. The FCC’s rules also will increase transparency for new broadband buildouts by allowing attachers to obtain pole inspection reports from utilities. In addition, the Declaratory Ruling provides important clarifications regarding:

  1. What constitutes “red tagging” and when pole replacements are not “necessitated solely” by a new attachment.
  2. The obligation to share easement information.
  3. The applicable timelines for the processing of attachment requests for 3,000 or more poles.

Federal Communications Commission Adopts Further Improvements to Rural Health Care Program

Press Release  |  Federal Communications Commission

The Federal Communications Commission adopted rules making multiple improvements to the Rural Health Care (RHC) Program, which helps rural health care providers afford the broadband connectivity needed for telehealth and telemedicine services. This action will improve program administration and increase participation by allowing health care providers that expect to become eligible in the near future to request funding sooner, aligning program deadlines, simplifying rules for calculating urban rates, streamlining administrative processes, and freeing up unused funding for other purposes. The RHC Program provides vital support to assist rural health care providers with the costs of broadband and other eligible services. Specifically, this Report and Order will permit conditional approval of eligibility for health care providers that expect to be eligible in the near future to allow them to initiate competitive bidding and request funding; align the Service Provider Identification Number change deadline with the invoice deadline; simplify the rules for calculating urban rates for the Telecommunications Program by eliminating the seldom-used “standard urban distance” component of the rule that determines urban rates; and allow health care providers to request updates to time periods covered by a competitive bidding exemption to reflect the actual start and end dates of multi-year contracts.

Federal Communications Commission Proposes 100 Percent of Mobile Phones Be Hearing Aid Compatible

Press Release  |  Federal Communications Commission

The Federal Communications Commission proposed that 100 percent of wireless handsets—namely mobile phones and smartphones—offered for sale in the United States be fully compatible with hearing aids. The FCC is committed to ensuring that all Americans, including those with hearing loss, are able to access communications services on an equal basis. More than 37.5 million Americans live with hearing loss. To address their needs and ensure that consumers with hearing loss can take advantage of the wide array of wireless handsets available on the market, the FCC is proposing a plan to fully implement its long-standing goal of achieving 100% wireless handset model hearing aid compatibility (HAC). The Notice of Proposed Rulemaking tentatively concludes that a 100% HAC requirement for wireless handset models offered or imported for use in the United States is achievable. The FCC will seek comment on adopting a broader definition of HAC that would include the use of Bluetooth connectivity between wireless handsets and hearing aids. The FCC proposes that all wireless handsets have two forms of coupling with hearing aids: 100% must have acoustic coupling and either inductive or Bluetooth coupling.

Federal Communications Commission Acts Against Video Service Junk Fees

Press Release  |  Federal Communications Commission

The Federal Communications Commission adopted a Notice of Proposed Rulemaking that proposes to eliminate video service junk fees from cable operators and direct broadcast satellite providers and to study the impact of these practices on consumer choices. Early termination fees require subscribers to pay a fee for terminating a video service contract prior to its expiration date, making it costly for consumers to switch services. Because these fees may have the effect of limiting consumer choice, they may reduce competition for video service. Additionally, billing cycle fees require TV video service subscribers to pay for a complete billing cycle even if the subscriber terminates service prior to the end of that billing cycle. These fees penalize consumers for terminating service by requiring them to pay for services they choose not to receive. The Executive Order on Promoting Competition in the American Economy encouraged the Commission to consider “prohibiting unjust or unreasonable early termination fees for end-user communication contracts; enabling consumers to more easily switch providers” in order to promote competition and lower prices. This Notice of Proposed Rulemaking is the latest in a series of consumer-focused proposals including Broadband Consumer Labels and proposed “all-in-pricing” for cable and satellite services.

Broadband Funding

3 major takeaways emerge from US Broadband Summit

Linda Hardesty, Diana Goovaerts, Masha Abarinova  |  Fierce

The US Broadband Summit brought together top leaders from across the country to talk about state efforts related to the Broadband Equity, Access & Deployment (BEAD) program. Three major topics emerged from the summit — both at public sessions as well as the buzz in the hallways.

  1. States must submit a slew of details to the National Telecommunications and Information Administration (NTIA) by December 27: NTIA requires a proposal from each state and territory, and those proposals are divided into two volumes. Both volume 1 and volume 2 must be submitted to NTIA by December 27, and their status is being tracked on a progress dashboard. 
  2. There's some concern not enough ISPs will apply for BEAD: In order to lure a broad slate of sub-grantee candidates, panelists at the summit noted states should seek to minimize the number of additional hurdles for operators that they build into their BEAD broadband plans and grant programs. Even so, some BEAD requirements are out of states’ hands, having been set by the federal government.
  3. The workforce shortage haunts BEAD: As ISPs ramp up their fiber deployments and prepare to apply for BEAD funding, state governments and service providers alike are working to fill the staffing gap. But even if potential technicians get the training they need, some states may not have enough jobs for them.

State/Local

Healey-Driscoll Administration Awards $20 Million to Boost Digital Equity

Press Release  |  Massachusetts Broadband Institute

The Healey-Driscoll Administration and the Massachusetts Broadband Institute (MBI) at MassTech announced $20 million in new grants through the state’s Digital Equity Partnerships Program, which supports high-impact and scalable initiatives that reach residents most affected by the digital divide. The grants will fund a range of services, including regional networks of digital navigators who will train individuals in digital literacy, device refurbishment and distribution, neighborhood-scale broadband connectivity, digital education for workforce development, telehealth resource navigation, and a statewide effort to provide free WiFi in affordable housing and public housing developments. 

The grant recipients include:

  • AgeSpan, which will receive $3 million
  • The Massachusetts League of Community Health Centers, which will receive $3.75 million
  • The Metropolitan Area Planning Council, which will receive $5.6 million
  • The Metro North Workforce Investment Board, which will receive $4.1 million
  • UMass Lowell, which will receive $4.0 million

The Digital Equity Partnerships Program launched in September 2022 to support organizations across the state in implementing projects that meet the digital equity goals outlined in the Commonwealth’s 2021 American Rescue Plan Act COVID recovery legislation.

Paying It Forward in Washtenaw County

Pierrette Renée Dagg  |  Op-Ed  |  Benton Institute for Broadband & Society

Barb Fuller is a former dental hygienist and political activist. Gary Munce is a musician and retired library manager of information systems. Driven by a spirit of paying it forward, together they have worked to address the digital divide in Washtenaw County, Michigan. Thanks in part to their efforts, by early 2025, every home in Washtenaw County is set to be connected with high-speed, fiber-based broadband. Washtenaw County, in the southeast region of Michigan, is home to over 320,000 residents. Although the county is prosperous, youthful with a median age below 35, and is home to the University of Michigan, it faced a digital divide with more than 10,000 households lacking a broadband internet connection in 2018.

[Dr. Pierrette Renee Dagg, Ph.D is a Benton Institute Digital Opportunity Fund Fellow, the Director of Technology Impact Research at Merit Network. The aim of her work is to bridge the gap between academic scholarship and practical application to advance issues of technology understanding and information equity.]

Baltimore City’s Digital Inclusion Strategy

Baltimore's Office of Broadband and Digital Equity (BDE) established four overarching goals to advance the principles of digital equity and inclusion. Mapping, data, and analysis described in this plan guide these goals. In addition, BDE relied on the critical input of residents’ voices and experiences.  

  1. Reliable, High-Speed Internet. Baltimore City residents will have access to affordable, reliable, high-speed broadband based on investments in future-proof fiber optic networks, starting with the most underserved communities.
  2. Technology and Devices. Baltimore City residents will be able to get a modern computing device.
  3. Digital Skills Training. Baltimore City residents will have access to digital skills training, helping them use computing devices and safely navigate the internet.
  4. Technical Support. Baltimore City residents will receive technical support, in multiple languages, to master internet access and devices. 

AI

Sen Edward Markey (D-MA) Introduces Legislation to Mandate Civil Rights Offices in Federal Agencies That Handle Artificial Intelligence

Press Release  |  US Senate

Senator Edward Markey (D-MA) introduced the Eliminating Bias in Algorithmic Systems (BIAS) Act to ensure that every federal agency that uses, funds, or oversees artificial intelligence (AI) has an office of civil rights focused on combatting AI bias and discrimination, among other harms. The legislation would also require every civil rights office to report their efforts to Congress and provide recommendations for congressional action. Many federal agencies lack civil rights offices whose principal mission is to protect vulnerable communities across the United States. Currently, there are only 30 civil rights offices within the federal government, yet many are not required to secure staff with the expertise needed to advise the agency on algorithmic bias and discrimination. 

Policymakers

National Digital Inclusion Alliance Recognizes Record-Setting 47 Digital Inclusion Trailblazers

Paolo Balboa  |  Press Release  |  National Digital Inclusion Alliance

The National Digital Inclusion Alliance (NDIA) named 47 communities as 2023 Digital Inclusion Trailblazers, recognizing the efforts of local governments to close the digital divide. These communities span 23 states, and demonstrate the important role municipal, county, and regional governments have in digital inclusion. NDIA launched a valuable resource with an open collection of 591 resources and documents from all of the 2023 Trailblazer awardees. Those resources, which make best practices free and available, include job descriptions, program information, local digital equity plans, and more from local governments paving the way for digital equity for their residents.Trailblazers provide models for other local governments to aspire to as communities build digital inclusion ecosystems. Researchers, digital inclusion advocates, and other aspiring local government leaders can see the full list of awardees and resources in an interactive map and searchable database. NDIA will recognize the Digital Inclusion Trailblazers in person February 13-15, 2024 at the Net Inclusion conference in Philadelphia, which is set to be the largest-ever digital equity convening. 

Industry News

The Trajectory of the Broadband Industry

Doug Dawson  |  Analysis  |  CCG Consulting

For well over a decade, it was fairly easy to understand the trajectory of the broadband industry. But the industry is now in total turmoil. Within a short time, cable companies have stopped growing. Currently, all of the industry growth among big internet service providers (ISPs) is coming from cellular fixed wireless access (FWA). Last-mile fiber networks are being built across the country. Wireless internet service providers (WISPs) finally have the radios and enough spectrum to be serious competitors. When I talk about trajectory, I’m not talking about predicting 2024. The challenge is to guess where the industry is headed over the next five years. Who will be the winners and losers over that time? My predictions:

  • Fiber will continue to eat away at cable companies, and in five years, the cable companies might not have a choice and will have to bite the bullet and convert to fiber to compete. It’s hard to envision a future where cable companies don’t lose customers annually for the next five years.
  • DSL will finally die, and its market share will be absorbed by FWA and fiber.
  • FWA companies will continue to grow at a rapid pace for the next couple of years. Low prices will always find a market. But if the carriers can’t find a way to guarantee bandwidth at peak times, a lot of homes will lose faith in the product. FWA will see a lot of competition in rural markets. I think the industry will eventually reach a market equilibrium – at some level higher than today’s DSL penetration.
  • WISP’s success will be market by market and will depend upon the other competition and local conditions – the technology will always struggle in places with rough terrain like Appalachia.
  • Satellite broadband will still be the technology of choice for the most remote places. Satellite’s real long-term markets are in the parts of the world that don’t have other good rural ISPs. But Amazon might find a bundling option that will still make the company a serious player in the US.

Stories From Abroad

Tackling consumer confusion about broadband technology

Press Release  |  Ofcom

Ofcom issued new guidance to broadband providers to ensure consumers are given clear information about their service when signing up to a new deal. Full-fibre networks are currently being deployed at pace, meaning customers are increasingly able to choose from a range of different network technologies for their broadband service. However, the term ‘fibre’ is being applied inconsistently by the telecommunications industry and is often used to describe different types of networks, leading to confusion among customers. In particular, some providers use the term ‘fibre’ which is ambiguous, as it could refer to a few different technologies, notably fibre to the cabinet, fibre to the premises, or cable technologies. To improve consumer understanding, we have decided to issue new industry guidance. In summary:

  • providers should give a short description of the underlying network technology of each broadband product using one or two terms that are clear and unambiguous
  • the term ‘fibre’ used in isolation is ambiguous, so it should not be used on its own to describe the underlying broadband technology
  • providers should give a more thorough explanation of the underlying broadband technology

Submit a Story

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.


© Benton Institute for Broadband & Society 2023. Redistribution of this email publication — both internally and externally — is encouraged if it includes this message. For subscribe/unsubscribe info email: headlines AT benton DOT org


Kevin Taglang

Kevin Taglang
Executive Editor, Communications-related Headlines
Benton Institute
for Broadband & Society
1041 Ridge Rd, Unit 214
Wilmette, IL 60091
847-220-4531
headlines AT benton DOT org

Share this edition:

Benton Institute for Broadband & Society Benton Institute for Broadband & Society Benton Institute for Broadband & Society

Benton Institute for Broadband & Society

The Benton Institute for Broadband & Society All Rights Reserved © 2023