Wednesday, April 1, 2020
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The Federal Communications Commission held its mandatory monthly meeting via a brief, video-less, teleconference call March 31, with commissioners dialing in from home and the public able to access it over a never-more-important broadband connection. The commissioners had already voted to approve all the meeting agenda items, and their time — the meeting lasted less than 20 minutes — was spent mostly talking about the pandemic and how they and the industry were dealing with it.
- FCC Chairman Ajit Pai cited the 633 broadband companies and 17 trade associations that signed on to his pledge to keep America connected during the ongoing health crisis and the FCC staffers who had kept the commission up and running and working, mostly from home.
- Commissioner Michael O'Rielly put in a request. Chairman Pai has circulated an item for a vote combining his framework for spending a $200 million emergency congressional authorization for telehealth that was in the COVID-19 aid package and a separate $100 million pilot telehealth program using Universal Service Fund subsidy money. Commissioner O'Rielly asked that the items be separated so he could vote the emergency package first and then take a little more time to vet the pilot program item.
- Commissioner Jessica Rosenworcel said she would commit to vote the emergency portion of the telehealth item by end of day, but like Commissioner O'Rielly was going to take more time with the pilot program item. She also said it is not time to be timid, but for the FCC to use all its powers, including closing the homework gap, better tracking network outages to find and fill gaps, extending the Keep America Connected pledge to prepaid plans, and to extend the Lifeline subsidy program.
- Commissioner Brendan Carr said the internet and telecom networks are more important than ever, and according to the data he had seen, could handle the load. "We've been in constant contact with internet providers and third party application providers alike monitoring network traffic and putting out information on that," he said. He said the network performance data shows that those networks are "strong and resilient" and that the pandemic-related surge in traffic is "well within the capacity of the U.S. networks."
- Commissioner Geoffrey Starks called for an FCC stimulus package of its own. "The time to expand affordable broadband options and a Lifeline for struggling Americans is now," he said, adding that no American should go without a connection because of cost.
The following items have been adopted by the Federal Communications Commission and deleted from the list of items scheduled for consideration at the March 31, 2020 Open Meeting.
- Call Authentication Trust Anchor (WC Docket No. 17-97); Implementation of TRACED Act Section 6(a)—Knowledge of Customers by Entities with Access to Numbering Resources (WC Docket No. 20-67): The FCC 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.
- Rules Governing the Use of Distributed Transmission System Technologies (MB Docket No. 20-74); Authorizing Permissive Use of the “Next Generation” Broadcast Television Standard (GN Docket No. 16-142): The FCC will consider a Notice of Proposed Rulemaking that would seek comment on whether to modify the FCC’s rules governing the use of distributed transmission systems by broadcast television stations.
- Significantly Viewed Stations (MB Docket No. 20-73); Modernization of Media Regulation Initiative (MB Docket No. 17-105): The FCC 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.
- Revision of the FCC’s Part 76 Review Procedures (MB Docket No. 20-70); Modernization of Media Regulation Initiative (MB Docket No. 17-105); Revision of the FCC’s Program Carriage Rules (MB Docket No. 11-131): The FCC 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.
- Eliminating Ex Ante Pricing Regulation and Tariffing of Telephone Access Charges (WC Docket No. 20-71): The FCC 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.
- The FCC will also consider a Personnel Action #20-1 through #20-5.
The Federal Communications Commission gave certain carriers flexibility to focus Universal Service Funds on hard-hit areas in response to the COVID-19 pandemic. Specifically, the waiver order allows competitive eligible telecommunications carriers (ETCs) to use their high-cost legacy support in the service areas of any affiliated ETC in order to respond to the unprecedented challenges posed by COVID-19. FCC rules require all legacy high-cost support to be used in a particular service area. This order finds that it is in the public interest to waive this requirement for a limited period of time to allow competitive ETCs receiving legacy high-cost support to maximize their ability to make real-time, efficient decisions about the use of their support, and direct that funding to the areas where it is most needed. The order waives the requirement that all legacy high-cost support must be used in a given area until June 30, 2020, at which time the FCC will evaluate whether an extension is warranted. The waiver order does not affect any of the other obligations of high-cost recipients.
Federal Communications Commission Chairman Ajit Pai circulated a draft order for implementing a $200 million telehealth program in line with the Coronavirus Aid, Relief, and Economic Security Act, which President Donald Trump recently signed into law. The FCC hopes to start distributing awards within the month for projects that would help patients receive health services remotely under the COVID-19 program. Also in the draft order is final language for a pilot program that would make $100 million available for telehealth projects from the Universal Service Fund.
Senior FCC officials noted they are hoping the Office of Management and Budget will use emergency procedures to approve the application form for the COVID-19 program given the special circumstances, no such allowance is expected for the pilot project. Money for the COVID-19 program will be available until it or the pandemic is exhausted. The pilot project is meant to run over the course of three years. In the interest of getting the funds out faster, the FCC plans to process applicants for the COVID-19 program on a rolling basis, making awards as applications come in, officials said. Awards for the pilot project will all be made all at once following a set deadline. Officials said, unlike with the pilot project, the process for the COVID-19 program would not involve a competitive bidding process and that they don’t anticipate any single award would exceed a million dollars, in order to encourage many applicants to participate.
Another significant difference is that while the COVID-19 program would allow applicants to use funds to purchase connected devices for monitoring patients, the pilot project will not. Under both programs, funds can be used to purchase telecommunications and information services. Also, the COVID-19 program would cover 100% of the costs of a telehealth project while the pilot project would cover 85 % of total costs
The Federal Communications Commission seeks comment on a proposed a framework to provide state and federal agencies with access to outage information to improve their situational awareness while preserving the confidentiality of this data, including proposals to: Provide direct, read-only access to NORS and DIRS filings to qualified agencies of the 50 states, the District of Columbia, Tribal nations, territories, and federal government; allow these agencies to share NORS and DIRS information with other public safety officials that reasonably require NORS and DIRS information to prepare for and respond to disasters; allow participating agencies to publicly disclose NORS or DIRS filing information that is aggregated and anonymized across at least four service providers; condition a participating agency’s direct access to NORS and DIRS filings on their agreement to treat the filings as confidential and not disclose them absent a finding by the Commission that allows them to do so; and establish an application process that would grant agencies access to NORS and DIRS after those agencies certify to certain requirements related to maintaining confidentiality of the data and the security of the databases.
Submit comments on or before April 30, 2020; and reply comments on or before June 1, 2020.
President Donald Trump held a call with top communications company CEOs to check in with those working to maintain and extend essential connections in a pandemic-driven world of sheltering- and quarantining-in-place. According to the White House, the President thanked them and their employees for their work to keep the country connected for work, education, shopping and bridging the physical distances with virtual socializing. The President talked about the strength of a free-market based network system that remained strong. The President called the system the envy of the world and thanked them for not only keeping the networks running, but extending free service and waiving bills and late fees for low-income residents. He said they were answering his call for an all-of-America response to the virus pandemic.
We debut a tool that will allow the public and policymakers to track the growth in traffic during the pandemic and get a weekly snapshot of how cable broadband networks are performing during the pandemic. The COVID-19 Internet Dashboard is populated with aggregated data from cable internet service providers that deliver broadband to tens of millions of homes and businesses across the country and offers a dependable depiction of how cable broadband networks are faring. It will show growth and performance for both upstream and downstream traffic on a national as well as a state-by-state basis. There are many ways to measure broadband performance, and we have elected to measure the growth of traffic at the peak period of usage from week to week.
In order to help consumers meet their urgent communications needs during this unprecedented emergency, the Federal Communications Commission should consider the following actions during the COVID-19 pandemic and for a reasonable period thereafter as unemployed and low-income Americans get back on their feet:
- Suspend the prohibition on duplicative support to ensure that all students and adults in a household have access to the broadband connections they need to while limiting interactions outside the home.8 At a minimum, act to allow the program to support one fixed and one mobile broadband connection per household.
- Modeled after its response to Hurricane Katrina, the FCC should establish a temporary emergency Lifeline program separate from the existing Lifeline program. The emergency Lifeline program could support a discount of up to $25 per connection per month up to the total monthly service charge per connection (up to 180 days). A participating carrier could opt to make any fixed or mobile communications service(s) or service package(s) that include voice and/or internet, available for discounts. To participate in the emergency Lifeline program, a carrier would be required to be designated as an Emergency Lifeline ETC subject to expedited procedures and temporary duration.
- To be eligible, a consumer would need to be unemployed, a gig worker no longer deriving an income, or any person otherwise no longer receiving a paycheck as a result of the COVID-19 emergency. The FCC would determine the documentation sufficient to demonstrate satisfaction of these criteria or eligibility under the existing Lifeline program.
As the social distancing efforts push everything from school to socializing into video chat, networks have seen huge surges in traffic — and new anxieties over how digital networks will stand up under the strain. So far, both carriers and the Federal Communications Commission insist that the country’s networks are capable of bearing the strain, particularly given the voluntary throttling instituted by many of the most bandwidth-heavy services. But recent deregulatory efforts have left the FCC with ambiguous authority over those networks, making it uncertain whether the commission will be able to intervene if federal action is needed. If usage continues to grow, declassifying broadband as a regulated utility could make it more difficult for the FCC to identify weak points in networks and ensure carriers services live up to what they advertise.
“We would expect that if [the FCC] had Title II authority, they could require a level of data collection around the functioning of the network that would provide lessons learned about how networks are being strained during this emergency,” said Chris Lewis, the president and CEO of Public Knowledge.
The many changes caused by the COVID-19 pandemic have given the world’s communications networks an impromptu stress test. Data demand has surged and shifted. “Peak hour” — the busiest period of the day on a network — now hits at different times and extends for longer durations. Signs of stress have shown up in other parts of the world so Americans have begun asking: Do our networks have the capacity to meet this surge in demand? Here’s the bottom line. America’s Internet infrastructure is strong and resilient. We track a range of network performance data from a diverse set of sources — from Internet providers themselves to third-party traffic monitors. The data show that the recent surges in Internet traffic are well within the capacity of US networks.
As the spread of COVID-19 upends work, classes and even doctor appointments across the country, a majority of Americans are turning to digital means to stay connected and track information about the outbreak. Amid this increased reliance, about nine-in-ten US adults (93%) say that a major interruption to their internet or cellphone service during the outbreak would be a problem in their daily life, including 49% who foresee an outage being a very big problem for them and 28% who believe it would be a moderately big problem. There are also differences by race and ethnicity, as well as by gender. Black and Hispanic adults are more likely than white adults to view an interruption to their internet or cellphone service as a very big problem. And women are more likely than men to believe this would cause a significant issue in their daily life. But while digital connections may provide an alternative during a time of social distancing, only a minority (27%) thinks interacting via these technologies will be as effective as in-person contact. Some 64% of Americans think the internet and phones will help but are not a replacement for face-to-face encounters.
Everything from meetings at the office to happy hours with friends are all now occurring in digital space. All of this internet use is putting more pressure on our broadband infrastructure. Just in the past few weeks, data demands have risen in nearly all categories. The previous peak has become the new average, and the surge is starting to threaten the quality and speed of content downloads. As shelter-in-place directives spread and demand increases, the question lingers of whether our broadband infrastructure can support the new normal. Even while internet users often pay for service they don’t need, our internet infrastructure threatens to be insufficient in this time of crisis. How should policymakers reconcile these opposing truths? To start, it’s important to understand that the definition of “need” is evolving. We must better understand how to build networks and policies that respond to large influxes in demand. Three important factors about network deployments should influence the current policy debates:
- While many industrial processes increase in incremental, constant steps, networks largely improve through big transitions to next-generation technologies.
- Networks should be built for peaks, not averages.
- The real upside for the economy and society comes with new applications that will take advantage of the increased bandwidth.
We have an opportunity to explore what we can do with today’s broadband capabilities. While the crisis will teach many important lessons about our networks and their coverage, it would be a waste not to reexamine how we can improve our economy, our society, and critical public goods by better utilizing the abundant bandwidth we have while once again preparing for a future that’s more online than ever.
[Blair Levin is a nonresident senior fellow with the Metropolitan Policy Program at Brookings. He serves as the executive director of Gig.U: The Next Generation Network Innovation Project, an initiative of three dozen leading research university communities seeking to support educational and economic development by accelerating the deployment of next generation networks.]
If rural America returns to broadband as usual, it will mean public institutions like libraries sometimes serving as the only broadband link for communities. While rural communities find ways to keep residents connected, the only thing certain right now is that there is a great deal of uncertainty. The new coronavirus has pulled hard at a thread of the nation’s patchwork sweater, leaving some Americans exposed to an onrush of climactic change. But for rural Americans who want reliable broadband, there is the potential for opportunity in crisis.
“This is going to increase inequality big time because of so many people being out of work, while people with steadier jobs can do their jobs from home and continue to draw paychecks,” says Sharon Strover, director of The University of Texas at Austin's Technology & Information Policy Institute. “One silver lining might be a broader recognition of how central broadband connectivity is, so policymakers can get off the, ‘Let the companies provide it,’ bandwagon they have been on for so long, and recognize that normal supply-and-demand economics don’t work with critical infrastructure. We need the state to step in and we need some guaranteed and regulated thresholds of service.”
With Comcast's network performing so well during the pandemic, why did Comcast's data cap exist in the first place? The answer has always been "money," of course—a Comcast executive once acknowledged in a Twitter reply that imposing data caps is a business decision, not one driven by technical necessity. But it might be useful to re-examine Comcast's previous justifications for the data cap now that the arbitrary limit is temporarily gone and Comcast could face public pressure to make it go away forever. Comcast's official line is that it imposes a data cap to ensure "fairness" among its customers, which is not the same thing as saying data caps are necessary to prevent network congestion. But Comcast has occasionally spoken of Internet data as if it's a depletable resource, like water or gas.
Now that Comcast has done the previously unthinkable—waive its data caps throughout the nation, for two full months, the company is naturally facing calls to make the change permanent. Sen Ron Wyden (D-OR) said, "If there was any doubt that data caps weren't necessary to manage network loads, that argument is settled—families are using far more data in their homes as a result of the pandemic, without issue. Data caps have always been about socking consumers with extra fees to pad Big Cable's profit margins. Even after the COVID-19 emergency passes, ISPs should do away with unnecessary data caps." Federal Communications Commissioner Jessica Rosenworcel said, "Over the long term, we will have to assess the lessons learned from the use of so much connectivity during this pandemic, including the role of data caps going forward."
If ever there was a wake-up call to an immediate infrastructure threat, Corona is it. So let’s make the case for a public digital infrastructure (PDI). Is it even reasonable to ask the federal government to fund and govern a world-class broadband network utility – for everyone? The argument here is yes. The government should provide directed, comprehensive funding to broadband deployment across all parts of the country versus off-loading much of the cost to the states (who then enable ISPs to set prices). The cost? Around $100B to provide 100MB service everywhere. Full funding replaces constant, crazy fights about funding and geographic eligibility, which always results in sub-optimal, under-served Americans – about 90 million Americans.
So what if utility-like funding was available to provide high-speed, affordable-for-all Americans? (By the way, would the Americans who loathe the whole concept of “utility” prefer no regulation of electricity, water, nuclear power or air travel?) What to do?
- The federal government should provide $100B (or more) to build out national broadband capabilities (100 Mbps downloads and 50 Mbps uploads) and create a publicly-owned broadband network (yes, a full-blown utility)
- As a public utility, service providers should be required to offer affordable high-speed broadband to all Americans
[Steve Andriole is the Thomas G. Labrecque Professor of Business Technology in the Villanova School of Business at Villanova University where he teaches strategic technology, innovation and entrepreneurialism]
Corey Shepherd teaches fifth graders in rural Alaska in a school district the size of Indiana. The terrain there is so rural that only airplanes and snowmobiles connect the district’s 11 tiny villages. Shepherd is one of more than 7,000 teachers in her state trying to make the most of teaching her students since the governor closed schools to in-person learning to stop the spread of the coronavirus. One method she isn’t relying on: online learning. “Around half of my students have access to the internet on some device at home,” Shepherd said. “Internet service is very expensive in rural Alaska and comes with data caps. Internet service is also prone to interruptions due to weather.” For those who already have service, there’s help: Across the nation, many internet providers have agreed to waive late fees and end disconnects for families in financial hardship. But millions without high-speed internet at home have been left to fend for themselves as governments shut down their school buildings and mandate distance learning.
Groups that procure student-friendly hotspots and laptops with built-in internet access say that, as school districts move all classes online, a spike in demand has created a shortage of thousands — if not millions — of devices. LTE-connected laptops and hotspots are two of the most popular ways that school districts can put a plug-and-play internet connection into students' hands, allowing them to complete homework and keep up with lessons without a hardwired, in-home connection. One of the biggest barriers to obtaining the equipment is that it is made in China. Daniel Neal, founder of school technology vendor Kajeet, explained that U.S. companies tend to keep low inventories of the equipment on hand. The mass migration to home networks triggered by the onset of the coronavirus "is one of those unprecedented instances" in which a spike in demand wiped out supplies on hand, he said. Although Kajeet has already placed more orders for laptops and hotspots, "it's not coming as quickly as our school district customers would like," Neal said.
The historic $2 trillion “economic rescue” bill includes key funding, which New America explains here, for a number of education initiatives ranging from early childhood to post-secondary. What it doesn’t include, noticeably, is a robust response for helping households gain better online access. Some people may assume that, given the proliferation of smartphones in households of all income levels, families and students can simply get online via smartphones and don’t need any support. But taking online classes, studying, and writing on a smartphone is exceedingly difficult—especially with a phone that might need to be shared with other members of a family who are also expected to be online to fill out forms for unemployment benefits or talk to health care providers. For the millions of families navigating childcare, telehealth, and remote working and learning, among other device-required responsibilities, both the ability to connect at home and the quality of that connection matters. It’s no coincidence that the digital divide affects marginalized communities most directly, and it is these communities that must be centered in the solution.
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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