Wednesday, March 11, 2020
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Coronavirus School Closures Expose Digital Haves and Have-Nots
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The Federal Communications Commission’s latest plan to expand high-speed internet access across the country has come under criticism by Members of Congress who fear over $20 billion in funding might not make it to the communities that need it most. Two dozen senators wrote to FCC Chairman Ajit Pai denouncing the FCC's new Rural Digital Opportunity Fund (RDOF). According to the senators, money won’t be made available to communities that have already been awarded funding through the US Department of Agriculture’s ReConnect program or other broadband development or subsidy programs run by the states themselves. “This decision by the FCC sets a dangerous and counterproductive precedent that discourages states from investing in rural communities,” Senate Minority Leader Chuck Schumer (D-NY) said. “This order could be devastating to rural New Yorkers and rural communities around the country,” said Sen. Kirsten Gillibrand (D-NY).
At a Senate Appropriations hearing, Chairman Pai said, “If a state has said to a broadband provider, ‘here’s funding to provide 25 megabit per second service,’ I do not want the FCC coming over the top and double-funding that company, or finding another company to do the exact same thing.” Still, the senators fear that the limitations that the FCC has rolled out for RDOF could send a “discouraging message” to states that are considering establishing their own broadband programs. “Your agency should be incentivizing states to take action,” the senators said in the letter.
A coalition of organizations representing state and local governments released the following statement in response to hearings on the FY 2021 Budget Request for Federal Communication Commission before the Senate Appropriations Subcommittee on March 10 and before the House Appropriations Subcommittee on Financial Services and General Government on March 11:
On behalf of the nation’s states, cities and counties we write to express our support as Congress considers efforts to expand federal investment in our nation’s broadband infrastructure. We hope that the federal government takes advantage of the opportunity to leverage the upcoming auction of the C-band spectrum for a large-scale expansion and upgrade of broadband across communities. The need for greater federal investment in the nation’s broadband infrastructure has never been more apparent. Even as more government services, business opportunities, and educational activities move online, too many of our residents have been left on the wrong side of the digital divide by insufficient or unaffordable connectivity. Connectivity is essential to unleashing economic potential, promoting job growth, and ensuring small business participation in the digital economy. We need ubiquitous, affordable broadband to truly unlock the potential of new technologies for healthcare advancement and smart infrastructure.
This auction presents a unique opportunity to invest in closing the digital divide without creating a new cost burden for the federal government, and while still accommodating the needs of the current users of the C-band. However, to ensure that we truly expand access and build upon previous federal, state and local work, these funds must be allocated wisely.
If Congress acts, state and local governments must be partners in determining the allocation of funds. State and local leaders have a much more granular understanding than federal agencies about where broadband infrastructure is robust and where it is lacking and where subscriptions are unaffordable. We appreciate the acknowledgement that areas currently designated as underserved, not just unserved, need further investment as well. We hope that any further investment in broadband infrastructure will also address the need for capacity-building for broadband planning.
The coalition’s membership is made up of the National Governors Association, the National Conference of State Legislatures, the Council of State Governments, the National League of Cities, and the United States Conference of Mayors.
The ability of schools across the country to hold classes remotely is being tested as more close in an effort to contain the spread of the novel coronavirus. Also being tested: the ability of families to get their homes tech-ready so children can log in to virtual classrooms. More than 23,500 students across 33 campuses of the Northshore School District in suburban Seattle (WA) began joining Zoom or Microsoft Teams meetings with their teachers on March 9 and completing assignments via Google Classroom. But despite their proximity to Amazon and Microsoft’s headquarters, many families in the community were unable to meet the technical requirements. The district had to lend out computers to more than 2,600 homes and provide many with wireless hot spots as well.
As more schools close in response to the sweeping health crisis, this unprecedented remote-learning situation is expected to expose the tech gap between affluent and lower-income families and districts, as well as between urban and suburban districts and rural ones where high-speed internet doesn’t always exist. And even when everything works, there is always a question of how focused kids can be without the structure of a classroom.
Facing the threat of the coronavirus, schools across the country are trying a new experiment in distance learning on a massive scale. Across the country, more than 500 schools with some 360,000 students have closed or are planning to suspend in-person classes.
A quarter-century ago, the idea of “educational technology” popularized the notion that children would benefit if computers in schools and libraries were connected to the internet. In 1996, Congress created the Federal Communications Commission’s E-Rate program, which provides discounts to libraries and K-12 schools to make broadband internet access more affordable. In 2014, the FCC modernized the program in order to bring more bandwidth, at competitive prices, to every school and library. In the succeeding years, K-12 schools have almost met the FCC’s 2014–15 short-term goal of fiber connections to every school, 100 Mbps per every 1,000 students and staff, and Wi-Fi in every classroom. But 1,356 schools across the nation still do not have access to sufficient broadband to meet the FCC’s short-term goal, which affects 2.3 million students. Even more students are impacted by the reality that only 28 percent to 32 percent of K-12 schools meet the FCC long-term goal of at least 1 Gbps per 1,000 students and staff. The progress of libraries is less certain; as of 2014, only 18 percent of public libraries had broadband connections delivering 1,000 Mbps (1 Gbps) or more; about 41 percent had service delivering 10 Mbps or less, the great majority of which was actually 1.5 Mbps or less.
But there’s more we can do to improve the effectiveness of the E-rate program.
The newly enacted 2019 Wisconsin Act 128 incentivizes rural broadband investment through targeted tax exemptions. Telephone companies will get an exemption for property used to provide broadband service in rural or underserved areas. Most Wisconsin property taxes are paid to local governments. The telephone company property tax, however, is paid to and controlled by the state. This means that the bill will have no fiscal impact on local governments, according to a press release from WSTA — Wisconsin’s Broadband Association.
Georgia utility companies have been pursuing opportunities to deliver broadband since the state passed legislation in April 2019 to encourage utility companies to provide broadband services. The latest example comes from Diverse Power Inc. and its internet affiliate Kudzu Networks, who have filed documents with the state public utilities commission regarding the purchase of fixed wireless broadband provider South Georgia Regional Information Technology Authority (SGRITA). Diverse/Kudzu and SGRITA operate in rural areas of the state and serve some of the same counties.
Big Tech and Big Telecom are wrangling over a Federal Communications Commission plan that would open up an unprecedented amount of airwaves to meet the nation’s Wi-Fi demand. The FCC is expected to vote before the end of April on a plan that may quintuple the amount of spectrum available to handle data from millions of Wi-Fi-connected smartphones, laptops, and other devices. The plan, proposed in 2018, is backed by tech giants— including Apple, Amazon, and Microsoft—that say the additional spectrum is critical to alleviating data traffic jams and to fostering faster internet connections and new technologies. But the wireless industry—including Verizon and T-Mobile US—has been increasingly pressuring the FCC to slice the spectrum band roughly in half between Wi-Fi and 5G mobile use. The struggle over the highly-prized airwaves, which is playing out against the backdrop of the global race to 5G, shows the challenge the FCC faces over how best to put radio spectrum—a limited and highly prized resource—to best use.
The Senate Judiciary Committee met to discuss tech companies unfairly favoring their own products. And Sen Amy Klobuchar (D-MN) announced the "Anticompetitive Exclusionary Conduct Prevention Act" to limit “exclusionary conduct” where a big company locks out smaller competitors, among other changes to antitrust law. It increases the burden of proof on monopolists to prove they’re not suppressing competition, and it discourages courts from granting immunity from antitrust enforcement. “We have a major monopoly problem in this country, which harms consumers and threatens free and fair competition across our economy,” she said. “Companies need to be put on notice.”
But she promoted it during a Senate hearing on digital platforms, one of several events sparked by the backlash against large tech companies. The hearing covered the tactic of self-preferencing — where a company uses dominance in one area to privilege its other services, whether or not they’re the best option for consumers. “Depending on the circumstances, these types of practices can have a devastating effect of competition,” said Klobuchar. Much of the hearing focused on Google search — a particular sore spot for antitrust proponents.
Senate Antitrust Subcommittee Ranking Member Amy Klobuchar (D-MN) and Sens Richard Blumenthal (D-CT) and Cory Booker (D-NJ) introduced new legislation to deter anticompetitive abuses that distort the competitive process and harm consumers, innovation, and new business formation. The Anticompetitive Exclusionary Conduct Prevention Act prohibits anticompetitive exclusionary conduct that risks harm to the competitive process. It also makes reforms to improve antitrust enforcement across the board. The bill would:
- Prohibit Anticompetitive Exclusionary Conduct: Amends the Clayton Antitrust Act to prohibit “exclusionary conduct” that presents an “appreciable risk of harming competition.”
- Shifts the Burden of Proof so that powerful companies that have a market share of greater than 50% or that otherwise have substantial market power would have to prove that their exclusionary conduct in the markets they dominate does not present an “appreciable risk of harming competition.”
- Allows DOJ and FTC to seek substantial civil penalties for violations of up to 15% of total U.S. revenues or 30% of the affected U.S. revenues in addition to other remedies available under the Clayton Act.
- Eliminate Unnecessary “Market Definition” Requirements: Courts often require claimants to prove a relevant market to establish liability under the antitrust laws, even in the face of clear evidence of competitive harm. The bill clarifies that the antitrust laws do not require definition of a relevant market, unless the statutory language explicitly requires it to resolve the case.
- Prevent Courts from Improperly Implying Antitrust Immunities: Courts have implied immunity from the antitrust laws for certain conduct based on the existence of federal regulation, in certain circumstances ignoring statutory savings clauses passed by Congress. This bill limits the ability of courts to imply antitrust immunity for regulated conduct.
Connected Nation Michigan found that while each community may face its own unique challenges to providing telehealth services, many trends and correlations may be found:
- With regard to its state telehealth policy structure, Michigan is found to have a moderate telehealth policy environment, along with 17 other states.
- By comparison, states with progressive state telehealth policies have lower rates on the Digital Divide Index proposed by Purdue University researcher Dr. Roberto Gallardo (DDI; this represents greater overall broadband access to more households) and fare better on both the socioeconomic and infrastructure indices that compose the DDI.
- Numerous Michigan counties have both infrastructure and socioeconomic opportunities that, if addressed, can improve broadband (and thus telehealth) opportunities for their residents.
- Across Michigan, ten counties are currently Care Underserved yet have relatively small digital divides to overcome, making them excellent targets for telehealth expansion in the near future. • In the five counties surveyed, approximately one in three adults (34%) said they went online to interact with healthcare providers in some form. Nearly one-half (48%) said they use the internet but do not interact with providers online, while the remaining 18% said they do not use the internet at all.
- Meanwhile, nearly two out of three respondents (62%) say their healthcare providers over an online portal, website, or mobile app where they can access their medical records, schedule appointments, or request a consultation.
- Among those who do interact with healthcare professionals online, the largest share (21%) interacted with a general practitioner or family physician, followed by those interacting with specialist physicians (15%); dentists, dental hygienists, or orthodontists (11%); convenient care facilities or walk-in clinics (9%); eye doctors, ophthalmologists, or opticians (9%); emergency rooms or hospitals (7%); and therapists, psychiatrists, or other mental health providers (5%).
- Interacting via a website is the most popular way of interacting with healthcare providers, used by 36% of those who interacted with providers online. This is followed in popularity by interacting via e-mail (34%), text messaging (17%), via mobile apps (12%), through video conference applications such as Skype (4%), and through social media (4%).
- Younger adults are most likely to use online tools to interact with healthcare providers online, with nearly one-half of respondents age 18-34 saying they do so at least occasionally.
- One in ten adults in these five counties have used online health services such as remote monitoring, counseling, or electronic reminders to follow their prescribed healthcare protocols within the past 12 months.
- Remote heart monitoring is the application used most often (used by 3.9% of adults in these counties), followed by electronic reminders to take medication or follow health protocols (2.3%); remote blood pressure monitoring (2.1%); remote glucose or blood sugar monitoring (1.8%); and accessing health or motivational coaching (1.5%).
Federal Communications Commission Chairman Ajit Pai announced that the items below are tentatively on the agenda for the March Open Commission Meeting scheduled for Tuesday, March 31, 2020:
- Mandating STIR/SHAKEN to Combat Spoofed Robocalls – The Commission will consider a Report and Order and Further Notice of Proposed Rulemaking that would (1) adopt rules requiring originating and terminating voice service providers to implement the STIR/SHAKEN caller ID authentication framework in the Internet Protocol portions of their networks; and (2) propose additional measures to combat illegal spoofing, including measures to implement portions of the TRACED Act. (WC Dockets Nos. 17-97, 20-67)
- Amending Distributed Transmission System Rules to Facilitate Next Generation TV – The Commission will consider a Notice of Proposed Rulemaking that would seek comment on whether to modify the Commission’s rules governing the use of distributed transmission systems by broadcast television stations. (MB Docket No. 20-74; GN Docket No. 16-142)
- Defining Significantly Viewed Local TV Stations – The Commission will consider a Notice of Proposed Rulemaking that would seek comment on whether to update the methodology for determining whether a television broadcast station is “significantly viewed” in a community outside of its local market. (MB Docket Nos. 20-73, 17-105)
- Revising Program Carriage Rules and Part 76 Review Procedures – The Commission will consider a Further Notice of Proposed Rulemaking and Notice of Proposed Rulemaking that would seek comment on whether to modify the Commission’s rules governing the resolution of program carriage disputes between video programming vendors and multichannel video programming distributors. (MB Docket Nos. 20-70, 11-131, 17-105)
- Detariffing Telephone Access Charges and Simplifying Consumer Bills – The Commission will consider a Notice of Proposed Rulemaking that would propose to (1) eliminate ex ante pricing regulation and require detariffing of various end-user charges associated with interstate access service, and (2) prohibit carriers from separately listing these charges on customers’ telephone bills. (WC Docket No. 20-71)
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 Robbie McBeath (rmcbeath AT benton DOT org) — we welcome your comments.
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