Tuesday, January 2, 2024
Headlines Daily Digest
Happy 2024! Here's the news we found over the past 10 days
Don't Miss:
NTIA Ex Parte Letter Regarding the FCC’s Section 706 Notice of Inquiry
Uniform Guidance in the $42.45 billion Broadband Equity, Access and Deployment Program
FCC Adopts 2018 Quadrennial Review of Broadcast Ownership Rules
Digital Divide
Broadband Funding
States/Local
Privacy
Security
Ownership/Antitrust
Agriculture
Transportation
Platforms/Social Media/AI
Consumer Protections
Policymakers
Stories From Abroad
Digital Divide
The National Telecommunications and Information Administration (NTIA) met virtually with Federal Communications Commission staff on December 21, 2023 to discuss the Section 706 Report Notice of Inquiry. NTIA expressed its strong support for the FCC’s important work to assess whether broadband is being deployed to all Americans in a reasonable and timely fashion, and offered its assistance as the FCC works to identify appropriate methodologies and data sources for use in conducting this assessment. NTIA emphasized the importance of ensuring that the Section 706 inquiry aligns with current efforts across the federal government to bring high-speed Internet service to all Americans, as well as the guidance offered by Congress in the Infrastructure Investment and Jobs Act (IIJA). The NTIA supports the FCC’s proposal to raise the speed threshold for fixed broadband to 100 Mbps downstream and 20 Mbps upstream, both to reflect changes in current and anticipated user needs and to provide consistency with the standard established by Congress through IIJA for NTIA’s Broadband Equity, Access, and Deployment (BEAD) program. Moreover, NTIA supports the FCC incorporating aspects of service quality beyond speed, such as latency, and suggests considering the ways in which these concepts were incorporated into the BEAD Notice of Funding Opportunity (NOFO). NTIA also welcomes the FCC’s inclusion of factors beyond deployment of physical infrastructure in its inquiry, including adoption, affordability, and equitable access.
FCC Revises 2024 Urban Rate Survey Broadband Services Benchmarks and Waiver of Implementation Date to February 1
The Federal Communications Commission's Wireline Competition Bureau and the Office of Economics and Analytics announced revised 2024 reasonable comparability benchmarks for fixed broadband services for eligible telecommunications carriers (ETCs) that are subject to broadband public interest obligations. The Bureau and Office determined there was an error in calculation of the broadband rates; therefore, the FCC has posted revised broadband rates and explanatory notes on the FCC’s website at https://www.fcc.gov/economics-analytics/industry-analysis-division/urban-rate-survey-data-resources. The Office and Bureau waive the requirement that ETCs meet these benchmarks beginning January 1, 2024 and instead will provide ETCs until February 1, 2024 to meet the 2024 benchmarks.
Broadband Funding
Uniform Guidance in the $42.45 billion Broadband Equity, Access and Deployment Program
The Infrastructure Investment and Jobs Act (IIJA), enacted in November 2021, supplies funding for robust investment in American infrastructure projects. The IIJA includes the Broadband Equity, Access, and Deployment (BEAD) Program, which provides $42.45 billion of funding to achieve reliable, affordable, and universal high-speed Internet coverage throughout the United States. The US Department of Commerce, in keeping with its mission to create the conditions for economic growth and opportunity for all communities, is ready to lead the building of equitable access to high-speed Internet coverage in the United States. The National Telecommunications and Information Administration (NTIA), as the agency responsible for administering the BEAD program, provides guidance on the implementation of exceptions, adjustments, and clarifications to certain provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). The Uniform Guidance provides specific guidance on:
- Scope and Applicability
- Program Income
- Fixed amount subawards and cost principles
- Procurement Standards for Fixed Amount Subawards
- Property Standards for Fixed Amount Subawards
The National Telecommunications Information Administration (NTIA) released a Policy Notice providing guidance on the application of the Uniform Guidance in the $42.45 billion Broadband Equity, Access and Deployment (BEAD) Program. This Policy Notice reflects NTIA’s latest step to create the conditions necessary for building high-speed networks that connect everyone in America to affordable, reliable, high-speed Internet service. The Uniform Guidance is the Federal Government’s framework for grants management, providing rules and requirements for Federal grant programs. Recognizing that there is no one-size-fits-all approach for administering these programs, the Uniform Guidance itself contemplates ways in which Federal agencies can implement exceptions and adjustments to these regulations. NTIA's Policy Notice is directionally aligned with Treasury’s approach, while also reflecting differences to account for distinctions between implementing statutes and program structures.
The Federal Communications Commission hereby defers the commencement of the next five-year deployment obligation term for legacy rate-of-return carriers receiving Connect America Fund Broadband Loop Support in 2024 until January 1, 2025, while it considers general program reforms in the ongoing Notice of Proposed Rulemaking proceeding. Legacy carriers will remain subject to the Commission’s rules, requiring the offering of broadband service at actual speeds of at least 25 Mbps downstream/3 Mbps upstream to the previously determined number of unserved locations under the current five-year term that ends on December 31, 2023. Deferring the commencement of the next term will maintain the status quo as the Commission considers whether to modify deployment obligations for recipients going forward, allowing the Commission to take into account the effect of awards for broadband deployment pursuant to the Broadband Equity, Access, and Deployment Program or other federal programs.
State/Local
Connecticut Department of Administrative Services’ Commission for Educational Technology Releases Draft Digital Equity Plan
Governor Ned Lamont (D-CT) announced that the Connecticut Department of Administrative Services’ Commission for Educational Technology has released “Connecticut: Everyone Connected,” the state’s draft digital equity plan. This release begins a 30-day public comment period, which will end on January 20, 2024. The commission will consider all feedback and make revisions to the plan before finalizing it by the end of March 2024. The draft plan complements broader state, regional, and local strategic plans and will take place in close coordination with other broadband efforts, such as the Broadband Equity, Access, and Deployment program overseen by the Connecticut Department of Energy and Environmental Protection. Goals of the plan include:
- Developing and promoting digital skills and technical support programs that directly serve residents;
- Ensuring residents have options for getting online that are affordable and meet their needs; and
- Expanding digital government services at the state and local levels.
Why are Comcast and AT&T trying to block millions in state money to boost Oakland’s high-speed internet?
Internet giants Comcast and AT&T are trying to prevent Oakland from receiving $14 million to build out its capacity for high-speed internet, the latest obstacle to the city’s efforts to close longstanding gaps in online access for its residents. In objections to Oakland’s latest share of a $3.87 billion California spending package, the two companies argued to the California Public Utilities Commision (CPUC) that the neighborhoods slated for enhanced fiber-optic infrastructure already enjoy faster internet speeds. Their evidence for that assertion has been kept confidential to everyone but the CPUC, which will review the objections and then decide if the $14 million — a spending plan known locally as “Oakland Connect” — can move forward. The companies’ claims run counter to speed tests run by the Oakland Unified School District, with help from the tech company HubbleIQ — that indicate over a third of 8,000 tested addresses experienced low download speeds.
Google has tentatively settled a $5 billion lawsuit accusing the tech giant of secretly tracking the internet activities of millions of users who believed its Chrome browser protected their privacy while in “incognito” mode, according to court documents. The class action lawsuit, scheduled for a February 2024 trial, was temporarily halted by US District Judge Yvonne Gonzalez Rogers after a preliminary settlement was reached between Google and the consumers’ lawyers. The lawsuit, originally filed in 2020, claimed that users in “incognito” mode were misled by Google’s Chrome browser, thinking their searches and viewing history were untraceable. However, legal representatives for the plaintiffs cited internal emails among Google executives, claiming that the company was able to monitor its customers in “Incognito” mode through its analytics and other tools, leading to the creation of an “unaccountable trove of information.” Although the specific terms of the settlement were not revealed, the attorneys stated that they had reached a binding term sheet through mediation. A formal settlement proposal is expected to be submitted for court approval by February 24.
With this Report and Order, the Federal Communications Commission brings to a close the 2018 Quadrennial Review proceeding. In this Order, the FCC retains the existing media ownership rules and adopts minor modifications that better tailor them to the current media marketplace. The record of this proceeding demonstrates that while the media industry has experienced both unforeseen challenges and substantial changes since the last quadrennial review, broadcasters retain a uniquely important role serving the American public in their local communities. Based on careful review of the record, the FCC finds that existing rules, with some minor modifications, remain necessary in the public interest.
When Alisa Gusterer tells farmers that her company’s technology can flag that their cows are getting sick before it actually happens, the most common response is happy disbelief. But it’s not fortune-telling—it’s just science, with some help from artificial intelligence. SmaXtec, an agtech company that offers livestock monitoring services, rolled out a new AI-based disease-detection capability in October 2023 that applies data analysis to determine which cows will develop illnesses like mastitis days before they’d show clinical signs. For a cow to be brought “online,” it first has to swallow a capsule-like sensor—much like taking a pill, which transmits health data to SmaXtec’s cloud server for analysis. Farmers can access the data on SmaXtec’s computer interface and mobile app, adjusting a cow’s care plan based on the results, ideally preempting the need for antibiotics or other forms of medical intervention. While strong internet connections can still be scarce in rural areas, Gusterer noted that SmaXtec rarely encounters customers that don’t have enough connectivity to support the wireless data transmission.
The US Department of Agriculture (USDA) is marking the end of 2023 by highlighting on-the-ground projects and partnerships that are building economic prosperity for farmers, families, and communities nationwide. Thanks to President Biden’s Investing in America agenda, and its record investments in rural America, USDA has been able to help tens of thousands of farmers continue their operations and increase their revenue, connected rural communities to internet access, advanced efforts to mitigate climate change, made investments that give small businesses a leg up, lowered energy costs and costs for consumers, and more. Through the ReConnect Program, USDA has made historic investments to close the digital divide in rural America, so that more Americans can take full advantage of the opportunities provided by internet access. In 2023, USDA awarded more than $1.8 billion for 96 projects that will help more than 250,000 people in rural communities access affordable, high-speed internet. These projects will benefit over 11,000 farms, 7,300 rural businesses and nearly 500 educational facilities, helping them access the critical resources they need to thrive in the digital age.
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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Kevin Taglang
Executive Editor, Communications-related Headlines
Benton Institute
for Broadband & Society
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