Wednesday, January 3, 2024
Headlines Daily Digest
Millions of Americans could lose internet aid months before the 2024 election
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A Vision and a Mission for Digital Equity in North Carolina
Broadband Funding
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Broadband Funding
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Washington is battling over whether to keep the Affordable Connectivity Program (ACP) going — potentially cutting off more than 22 million households from a subsidy they’ve come to rely on. The ACP launched with bipartisan support in 2020, but is now trapped in a partisan war between Democrats who want to renew it, and Republicans worried it will let President Joe Biden take too much of a victory lap during a campaign year. If Congress can’t find a way to fund the program by spring, the federal government will have to quickly unwind it. A failure could also come with political consequences at a critical time ahead of 2024, giving voters in swing states a cause for frustration at politicians yanking away aid. The Biden administration has kept up an active recruitment campaign, pledging to add all eligible families to the program. In 2022, White House infrastructure adviser Mitch Landrieu declared that more sign-ups would make it “much harder” for Congress to let the program die. But the more people enroll, the more will be affected if the funding runs out.
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Broadband funding really got rolling in 2023, as the federal government began the process of its $42.5 billion Broadband Equity, Access and Deployment (BEAD) Program. To help states and territories with their challenge process, in April, National Telecommunications & Information Administration (NTIA) released draft guidance that expands upon the Notice of Funding Opportunity (NOFO) issued in May 2022. States got their BEAD allocations, with the highest funding amounts going to Texas ($3.31 billion), California ($1.86 billion), Missouri ($1.74 billion), Michigan ($1.56 billion) and North Carolina ($1.53 billion). Naturally, the BEAD funds come with some strings attached. One of which is the Build America, Buy America Act (BABA), which requires that fiber networks funded by BEAD must use components that are at least 55% made in America. In response to industry criticism that it’s difficult to source some components in the US, NTIA proposed waivers for some recipients. In November, NTIA released a waiver for BEAD’s letter of credit requirement. In December, Louisiana was the first state to snag approval for its initial proposal.
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The Universal Service Fund (USF) – which financially supports several of the Federal Communications Commission's high-cost and low-income broadband programs, at roughly $8 billion annually – has been going through a tough time. This past year saw the USF dragged before federal court in cases brought by a conservative public interest group questioning the fund's legality. The Fifth and Sixth Circuit courts initially ruled against the petitioners, but the Fifth Circuit then agreed to hear the case en banc in September and has yet to rule. Some expect that ruling to come in the first quarter of 2024. Even if the court were to uphold the USF as it is, reform is necessary for the program which relies on contributions via declining voice service revenues. Both the FCC and Congress have been studying the issue, and pressure is mounting for tech companies to contribute to the fund. Indeed, a new bipartisan bill introduced in the Senate in November 2023, dubbed the Lowering Broadband Costs for Consumers Act of 2023, would reform the USF and require the FCC to include broadband providers and "edge providers," or Big Tech companies, as contributors.
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As the curtain begins to rise on the prospect of $42.5 billion in Broadband Equity, Access and Deployment (BEAD) deployments, many are looking ahead to see what the historic investment will mean for broadband expansion. But before we turn our gaze toward the future, let's pause and reflect on the fiber milestones achieved thus far. A November 2023 analysis from New Street Research revealed that the telecommunications industry collectively increased fiber locations by 1.8 million in the third quarter of this year, with “most of the increase driven by AT&T.”
- AT&T: As of the third quarter, AT&T’s fiber was available to 20.7 million consumer and about 3.3 million business customer locations.
- TDS: In the third quarter, TDS raised its 2023 fiber service address goal to 200,000, up from 175,000. The company is targeting 1.2 million marketable fiber service addresses by 2026 and ended the 2023 third quarter with 709,000.
- Google Fiber: Google Fiber doesn’t share exact numbers on its fiber expansion, but disclosed that in 2023 its build increased by more than 10% over 2022 — both in terms of miles of fiber deployed and the number of homes passed.
- Lumos: Lumos constructed approximately 1,500 miles of fiber in 2023. Its current passing total is over 300,000 homes and businesses, as it makes its way to a goal of passing 1 million households by 2026.
- Lumen: For the full year 2023, Lumen expects it will have deployed a total of 500,000 or more fiber-enabled locations, including residential and small business locations through the company’s Mass Markets segment.
- GoNetspeed: GoNetspeed launched service to more than 26 communities throughout its footprint and accelerated builds in the second half of 2023.
- UTOPIA: UTOPIA built 448.5 miles of fiber (overhead and underground) in Utah this year, for a total of 23,069 homes passed in the state.
- WOW!: As of the close of its third quarter, WOW!’s all-fiber network had passed a total of 14,100 greenfield homes in Central Florida.
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The South Dakota Governor’s Office of Economic Development (GOED) awarded the final round of ConnectSD broadband grants. These awards will make quality, future-proof, high-speed internet available to underserved households across the state. GOED is awarding $32.4 million to three providers. These three projects will leverage private matching dollars for a total investment of over $40.3 million, connecting over 2,160 households, farms, and businesses. The funding is from the 2021 legislative appropriation, relinquished projects, and closed projects under budget. The awardees are:
- Gallatin Wireless Internet LLC (Celerity Internet), $15,249,569;
- Long Lines Broadband (Jefferson Telephone Company, LLC), $3,770,300; and,
- Santel Communications Cooperative, $13,438,989.
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As part of an effort to accelerate the expansion of high-speed internet access, Colorado officials announced that broadband service providers can install fiber along the state’s roadways at a lower rate. The Colorado Transportation Commission approved a fee schedule that makes the Colorado Department of Transportation’s property available for broadband development. Under the new fiber access fee schedule, broadband providers can pay $0.10 per foot of fiber optic line in urban counties with populations above 200,000 people and $0.03 per foot in rural counties. There is also a one-time charge of $0.05 per foot to cover permitting costs. The fee schedule is the lowest in the region and is 90 percent lower than the initially proposed version.
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The North Carolina Department of Information Technology’s (NCDIT) Division of Broadband and Digital Equity developed the North Carolina draft Digital Equity Plan. This plan is a comprehensive strategy that aims to ensure all individuals and communities have access to the digital tools, resources, and skills they need to participate fully in the digital environment. NCDIT is accepting public comments on the draft plan until January 2, 2024. The work of achieving digital equity is a collaborative one, and the division continues to learn with and from its partners. The division crafted a North Star Vision for digital equity in North Carolina that accounts for the diverse needs and assets of each community and invests in locally driven solutions to build capacity and sustainability, and ensures solutions are transformational and address how digital equity intersects with all aspects of North Carolina life, including increasing economic and social well-being, health, and education. NCDIT envisions a future where all North Carolinians have access to high-speed internet and the digital tools, resources, and skills to fully and equitably participate in their society, democracy and economy. The NCDIT Office of Digital Equity and Literacy will partner and collaborate with communities across the state and ensure all North Carolinians have:
- Access to affordable and reliable high-speed internet,
- Computers and digital devices that meet their evolving needs, as well as access to quality and affordable technical support,
- Opportunities for developing digital skills,
- Tools and information to protect themselves online, and
- Online resources that are inclusive for all.
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Nebraska is both an agricultural state and a state with growing metropolitan areas. Agriculture, in particular, is important to Nebraska’s economy; Nebraska ranks second in the use of precision agriculture technologies. Nebraska ranks 3rd in percent of households with fiber internet available, with 56 percent of households having fiber available. However, Nebraska ranks 30th in the availability of 25/3 Mbps and 100/20 Mbps broadband via copper, cable, fiber or licensed fixed wireless. Ookla’s speed test ranking for the second quarter of 2023 places Nebraska at 29th. To meet the digital needs of the state's unique geography, population, and industries, the Nebraska Information Technology Commission developed and released the Draft Nebraska Digital Opportunities Plan. The plan is open for public comment until January 2, 2024. Nebraska will grow its economy and improve the lives of Nebraskans by ensuring that Nebraskans have access to affordable, quality broadband, appropriate devices and the skills to use technologies at home, in school, on the farm or ranch, in businesses, in health care, and in government.
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The Florida Department of Commerce (FloridaCommerce) released the State of Florida’s Digital Adoption and Use Plan for public comment. FloridaCommerce developed this plan to serve as the state’s benchmark and roadmap for closing the digital divide and increasing digital access across the state. The plan is informed by a vision and an overarching aim for what a connected economy looks like for all Floridians. Complementary goals, strategies, and objectives serve as a guiding framework for how the state will go about realizing its vision and addressing the needs and gaps of broadband availability, affordability, and adoption. The deadline for public feedback on the plan is Sunday, January 7, 2024. The plan includes five core themes:
- Take inspiration from Florida’s Strategic Plan for Broadband
- Empower local governments and locally-owned solutions
- Identify and collaborate with trusted community advisors
- Understand the unique barriers for Florida’s covered populations
- Align with the Broadband Equity, Access, and Deployment (BEAD) Five-Year Action Plan
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Although the Federal Communications Commission did not have its auction authority for most of 2023, some important events came to pass. The wireless industry lobbied much of the year for reallocation of spectrum in the 3.1-3.45 GHz band, which didn’t happen. The Biden Administration delivered a plan for a National Spectrum Strategy, which includes further study of the 3.1-3.45 GHz band. And Congress agreed to legislation so that T-Mobile can take possession of the 2.5 GHz licenses that it bought and paid for. Although CTIA and other entities spent considerable time and money lobbying for a section of the lower 3 GHz band to be teed up for the wireless industry, the Department of Defense (DoD) dug in its heels and refused to budge. The DoD is the sole user of that spectrum and doesn’t want to give it up. The National Spectrum Strategy identified four other bands for near-term study, including in the 5 GHz range, the 7-8 GHz range, the 18 GHz band and the 37 GHz band. While wireless carriers always argue that they need more spectrum immediately, the industry still needs time to pay down debt incurred in prior auctions, noted New Street Research (NSR) policy analyst Blair Levin. NSR believes the study period for these bands will be several years, with the auction planning adding another couple, putting the next big spectrum auction occurring no earlier than the second half of the next Administration, or the 2027-2028 time frame.
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EchoStar Corporation completed its acquisition of DISH Network Corporation on December 31, 2023. To complete the acquisition, a wholly owned subsidiary of EchoStar merged with and into DISH Network, with DISH Network surviving the merger as a wholly owned subsidiary of EchoStar. The transaction combines DISH Network’s satellite technology, streaming services, and nationwide 5G network with EchoStar’s premier satellite communications solutions. The combined company is uniquely positioned to deliver a broad set of communication and content distribution capabilities, accelerating the delivery of satellite and wireless connectivity solutions desired by customers. DISH Network’s 5G wireless network now covers more than 70 percent of the U.S. population. EchoStar’s JUPITER 3 satellite launched with significant available capacity for converged terrestrial and non-terrestrial services.
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Although fiber was the talk of the town in 2023 – with state and federal governments doling out funding to support fiber projects – the cable industry also underwent some changes. Comcast began DOCSIS 4.0 rollouts. In October, it unveiled a new line of symmetrical multi-gig service with speeds of up to 2 Gbps. Another interesting development this year was the “relatively speedy evolution” of extended DOCSIS 3.1. Cable operators can extend DOCSIS 3.1 to buy more time before they need to upgrade to an end-to-end DOCSIS 4.0 system. CommScope sold off its Home Networks division to Paris-based Vantiva. Created in 2020, Home Networks focuses on CPE like broadband gateways and set top boxes. CommScope previously had plans to spin off the unit to a standalone entity, but delayed that plan in 2022.
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Every few years since municipal broadband was new, a lobbying group comes out against the concept of municipal competition. The lobbying effort has taken many different tactics over the years, but generally the attacks against municipal broadband haven’t been very public and were aimed at generating lobbying materials to give to politicians. An anti-municipal lobbying effort using a new tactic recently surfaced. There is a huge lobbying effort underway against Utopia, a municipally-owned network in Utah. It seems to be the biggest dollar lobbying effort against municipal broadband by far, and local press reported that the anti-Utopia campaign has purchased something like a million dollars in ads in Salt Lake City to lobby against municipal broadband. This campaign puzzles me. Utopia operates an open-access network. This means that the fiber network is municipally-owned, but that broadband is provided by commercial service providers. The most puzzling aspect of the lobbying campaign is that somebody is spending a lot of money with no specific obvious goal. This seems like a lot of money to spend to make the generic point that municipal broadband is somehow a bad thing, particularly in Utah where Utopia is popular.
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Our goal to “ensure that every person in every community, of every geography and income, has access to modern telecommunications service” has been the North Star of the Federal Communications Commission since its creation in 1934. This past year at the agency will be remembered for our progress toward that objective and for the policies we advanced to reflect a world where high-speed connectivity is no longer a luxury but a necessity. I spent much of the year barnstorming the country to promote the Affordable Connectivity Program—the largest broadband affordability initiative in our Nation’s history. The FCC has not only been at the forefront of the effort to make home internet service more affordable, we have been working to make it universally available. The Infrastructure Investment and Jobs Act, which created the Affordable Connectivity Program, also directed the FCC to “adopt rules to facilitate equal access to broadband internet access service,” and the agency adopted rules to prevent digital discrimination of access to broadband services based on income level, race, ethnicity, color, religion, or national origin. The FCC has also built the most accurate broadband map ever created. The FCC took many other actions in 2023 to update our rules and policies so they reflect new technologies and new market realities. I am especially excited about our proposal to harness the power of satellites to enhance mobile phone operations in areas where there is no terrestrial mobile service. This connectivity can help facilitate life-saving rescues in remote locations and the innovative opportunities it presents will only grow.
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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