Friday, April 26, 2024
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Affordability, Adoption, Availability, and Equitable Access Impact FCC's Broadband Deployment Report
Net Neutrality
Infrastructure
Digital Equity
State/Local
Wireless/Spectrum
Emergency Communications
Telehealth
Platforms/Social Media
Devices
Security
Company/Industry News
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Net Neutrality
The Federal Communications Commission voted to restore a national standard to ensure the internet is fast, open, and fair. This decision to reclassify broadband service as a Title II telecommunications service allows the FCC to protect consumers, defend national security, and advance public safety. With this vote, the FCC restores fundamental authority to provide effective oversight over broadband service providers, giving the Commission essential tools to:
- Protect the Open Internet – Internet service providers will again be prohibited from blocking, throttling, or engaging in paid prioritization of lawful content, restoring the rules that were upheld by the D.C. Circuit in 2016.
- Safeguard National Security – The Commission will have the ability to revoke the authorizations of foreign-owned entities who pose a threat to national security to operate broadband networks in the U.S. The Commission has previously exercised this authority under section 214 of the Communications Act to revoke the operating authorities of four Chinese state-owned carriers to provide voice services in the U.S. Any provider without section 214 authorization for voice services must now also cease any fixed or mobile broadband service operations in the United States.
- Monitor Internet Service Outages – When workers cannot telework, students cannot study, or businesses cannot market their products because their internet service is out, the FCC can now play an active role.
Here are five reasons why we need net neutrality protections restored and why the Federal Communications Commission’s proposed Title II reclassification brings back its ability to provide necessary oversight to this essential service:
- Return of Popular, Court-Tested Net Neutrality Protections: The FCC would once again prevent broadband service providers from blocking traffic, slowing down content, or creating pay-to-play internet fast lanes.
- Provide Oversight of Broadband Outages: When households and businesses lose internet service, consumers often expect the FCC might either be able to help in the restoration or at least have information about the outage.
- Boost Security of Broadband Networks: Without reclassification of broadband, the FCC is limited in its authority to direct foreign-owned companies deemed to be national security threats to discontinue any domestic or international broadband services—as the agency has done with telephone services.
- Broadband Provider Oversight, Not Control: The FCC has no authority to, and no interest in, policing online speech. On the contrary, freedom of speech will be enhanced by open internet protections, because they will prevent broadband providers from blocking or disfavoring any type of online speech.
- 'Big Tech' is an Important but Unrelated Policy Challenge: Treating broadband as the essential service it is does not in any way limit policy options related to internet-age companies that the public and Capitol Hill often collectively refer to as “Big Tech.” Certainly, there may be a need for closer oversight of “Big Tech"—but the Communications Act does not grant such authority to the FCC.
Digital Equity
Affordability, Adoption, Availability, and Equitable Access Impact FCC's Broadband Deployment Report
On March 14, 2024, the Federal Communications Commission concluded that broadband is not being deployed in a reasonable and timely fashion. Since the outbreak of the COVID-19 pandemic, Congress has allocated tens of billions of dollars to support broadband deployment so it may not come as a huge surprise that the FCC came to this conclusion. Approximately 24 million Americans (7% of the total U.S. population)—including almost 28 percent of Americans in rural areas, and more than 23 percent of people living on Tribal lands—lack access to fixed broadband of 100 megabits per second (Mbps) download speed paired with 20 Mbps upload speed. For these people, networks that can provide affordable, reliable high-speed Internet service cannot be deployed soon enough. In the wake of the FCC's latest broadband deployment report, much of the attention has been on the FCC's new benchmark for high-speed fixed broadband: 100/20 Mbps. In the 2021 Infrastructure Investment and Jobs Act, Congress determined that locations without access to networks that can deliver 25/3 Mbps service are "unserved" and locations without access to 100/20 Mbps service are "underserved." So the FCC's new standard reflects a minimum for broadband service as envisioned by Congress. But the Infrastructure Investment and Jobs Act is also having a deeper (although less flashy) influence on the FCC's annual determination of whether or not broadband "is being deployed to all Americans in a reasonable and timely fashion." The FCC is now looking past just the physical deployment of networks and also considering broadband affordability, adoption, availability, and equitable access.
For urban and rural communities, the digital divide is more than just the lack of access to high-speed internet — it’s a disconnect from economic and social ties as well as opportunities in a fast-changing society. Roberto Gallardo, Purdue University’s vice president for engagement, has spent the past decade analyzing local and regional community economic development, including the use of technology. He notes that the U.S. government’s plans to invest $42.5 billion in the Broadband Equity, Access and Deployment (BEAD) program will help narrow this divide by ensuring a growing number of Americans can connect to fast internet, regardless of their location or socioeconomic status. “The federal program recognizes that in today’s interconnected world, high-speed internet access is not a luxury; it’s a necessity,” said Gallardo, who was named in October 2023 to lead the newly formed Purdue Broadband Team. “It is an essential component to workforce training and regional development, helping rural communities to thrive.”
The National Lifeline Association (NaLA) submitted a petition to the Federal Communications Commission requesting that the FCC temporarily waive the Lifeline reimbursement amounts in the Commission’s rules until Congress allocates additional funding for the Affordable Connectivity Program (ACP) or passes broader legislation to reform the Universal Service Fund (USF) and pay for the ACP in an alternative manner. Specifically, NaLA requests that the FCC (1) increase the basic support amount from $9.25 per month to $30 per month; and (2) increase the Tribal lands support amount from $25 to $45 for a total reimbursement of $75 per month until Congress allocates additional funding for the ACP. Granting this petition would temporarily raise the Lifeline reimbursement amounts to match the current maximum reimbursement amounts available for subscribers eligible for ACP.
The projected end of the federal government's ACP (Affordable Connectivity Program) will leave many low–income households looking for affordable internet options. Nearly 23 million people nationwide rely on the $30 subsidy ($75 for tribal land) to defray the cost of internet service or secure internet service for free. Unfortunately, the federal government has only funded ACP through April and is expected to lapse in May. Since the beginning of 2024, Cox has been reaching out to customers impacted by the loss of ACP to ensure they are aware of available affordable internet plans and customizable offers. For more than a decade, Cox has championed digital equity for qualifying low-income households through the following programs and initiatives:
- Connect2Compete Internet Plan - a $9.95 per month service for families with a child in grades K-12 in the home, who participate in the National School Lunch Program or other select federal programs such as SNAP.
- ConnectAssist Internet Plan – a $30 per month service for low-income households that participate in select government programs such as SNAP, Medicaid, Public Housing, Pell Grant and others. This program is available to all Cox customers currently receiving the ACP benefit as well as those who meet the eligibility criteria for ACP.
- All Cox-sponsored internet programs feature no credit checks, no deposit and no Wi-Fi modem rental fees. Further, customers will enjoy unlimited data and access to 4 million Wi-Fi hotspots.
- Customers can choose to enhance their digital proficiency through the Cox Digital Academy, as well as access discounted personal computers.
State/Local
Biden-Harris Administration Approves Kansas, Nevada, and West Virginia’s “Internet for All” Initial Proposal
The National Telecommunications and Information Administration (NTIA) has approved Kansas, Nevada and West Virginia’s Initial Proposals for the Broadband Equity, Access, and Deployment (BEAD) program, a cornerstone of the Biden-Harris Administration’s “Internet for All” initiative. Kansas, Nevada and West Virginia are among the first states to reach this important milestone, which will enable them to request access to funding and begin implementation of the BEAD program—a major step towards closing the digital divide and meeting the President’s goal of connecting everyone in America with affordable, reliable, high-speed Internet service. Today’s action makes available $451.7 million for Kansas, $416.6 million for Nevada, and $1.2 billion for West Virginia.
Public-private partnership in Arizona to manage, maintain and lease fiber-optic conduit along highways
Arizona's goal of expanding broadband internet access in rural areas is taking a step forward with a public-private partnership. The agreement with eX² Technology is to operate, maintain and lease space in fiber-optic conduit installed along Interstate 17 and Interstate 19, and being installed later in 2024 along much of Interstate 40. The Arizona Department of Transportation—in partnership with Governor Katie Hobbs and the Arizona Commerce Authority—entered into the agreement recently with eX² Technology, an Omaha, Nebraska, firm with extensive experience working with state and local governments to manage what is often referred to as middle-mile fiber-optic infrastructure. The partnership complements a state law that allows private broadband providers to install, operate, and maintain telecommunications equipment within ADOT’s right of way using conduit installed along state highways. ADOT plans to use the fiber-optic conduit to provide intelligent transportation systems technology, such as overhead message boards, traffic cameras, weather stations, and wrong-way driving detection. The infrastructure also will help lay the groundwork for emerging technologies like connected and automated vehicles. The initial scope for this 25-year agreement includes fiber-optic conduit along I-17 from Phoenix to Flagstaff, I-19 from Tucson to Nogales, and conduit to be installed on Interstate 40 from Flagstaff to California. It will be available for lease by internet service providers looking to expand broadband internet access.
Connecticut has been building its digital infrastructure to get more households online. Those efforts rely on federal funding to help the state address these gaps, particularly in places with limited access to affordable high-speed internet. But a federal program reducing monthly internet bills and providing device subsidies for lower-income households will sunset at the end of April if Congress does not renew funding. The Affordable Connectivity Program was implemented under the bipartisan infrastructure law, which was enacted in 2021. Advocates are looking at a bill before the Connecticut General Assembly on broadband internet service that they argue could serve as a “backstop” if the ACP goes away. Senate Bill 3 would, among other things, require certain companies to provide internet service that is affordable.
As energy companies around the country deploy fiber to improve grid reliability, they open the door to enabling broadband connectivity to previously unserved rural communities. Alabama Power has invested over $1 billion in infrastructure upgrades to add over 1,600 miles of fiber within its service areas since 2017. It now connects over 1,000 devices on its electric distribution system, allowing for real-time monitoring and grid reconfiguration. Alabama Power’s fiber and state regulatory changes have enabled the utility to partner with the state’s electric co-ops and internet companies to deploy fiber by providing middle mile fiber to reach rural areas. They leverage Alabama Power’s existing fiber assets to reduce cost and enable others to open and expand last-mile access for unserved communities. Alabama’s partnership with these electric co-ops delivers over 3,000 miles of middle-mile fiber to 67 counties in the state, together as the Alabama Fiber Network. Alabama has been allocated $1.4 billion in National Telecommunications and Information Administration Broadband, Equity, Access and Deployment (BEAD) funding for broadband infrastructure and Alabama Power stands ready to provide dark fiber to ISPs interested in applying for BEAD and other broadband projects.
The National Telecommunications and Information Administration is hard at work implementing the National Spectrum Strategy. First up: initiating technical studies of spectrum bands—including a process to streamline funding to federal agencies—and kicking off the exploration and demonstration of advanced spectrum management techniques including Dynamic Spectrum Sharing (DSS). On the band studies, NTIA is streamlining the pipeline plan process so that federal agencies can obtain funding from the Spectrum Relocation Fund (SRF)—what is commonly referred to as “pipeline” funding—for their studies. NTIA is targeting October for distribution of the pipeline funds to the agencies, which would trigger a two-year countdown to complete the band studies and then issue reports. Regarding our other priority—DSS—the Department of Defense held a public meeting April 8 to begin a process of demonstrating potential DSS solutions that could enable sharing in the Lower 3 GHz band. Although this effort hopefully will inform spectrum sharing in the future for this band and others, it is separate and apart from the Lower 3 GHz band study discussed above. NTIA looks forward to co-leading this effort with DoD and collaborating with industry, academia, and other stakeholders to advance DSS.
Aldo Soledad relies on his phone's data plan to take care of his internet needs. When it comes to living without home internet, he isn't alone. Millions of Americans are without broadband, either because of a lack of access or because they can't afford it. That number will likely go up after April, which is the last fully funded month of the Federal Communication Commission's Affordable Connectivity Program. Those impacted might find themselves asking the same question as Soledad: Can I rely on my smartphone and data plan for all of my home internet necessities? The Pew Research Center reports that 15 percent of US adults are doing just that. Although smartphones have become digital Swiss Army knives, functioning as everything from a calculator to a portable internet browser and a pocket-size TV, there are still notable drawbacks to relying on phones and their accompanying data plans as a primary home internet source. But developments in wireless networks like the ones that connect to our mobile devices could pave the way for making high-speed home internet more accessible.
With the arrival of the peak smartphone era, users are upgrading their smartphones less frequently, and data growth is decelerating. To ensure effective spectrum management decisions, policy makers require a thorough understanding of prospective wireless broadband technologies, current trends and emerging issues. We identify three emerging issues necessary for successful telecommunication policy. Firstly, evidenced-based policy making needs to be able to measure effectively how much demand takes place where and how. Thus, new datasets are needed reflecting real usage by different wireless broadband technologies, for indoor and outdoor users. Secondly, with data consumption growth slowing, there needs to be an urgent reassessment of spectrum demand versus allocation. Past forecasts do not reflect recent data and regulators urgently need to re-evaluate the implications for spectrum management. Finally, regulators need new and improved Lifecycle Impact Assessment metrics of cellular versus Wi-Fi architectures, to support successful policy decisions which mitigate energy and emissions impacts.
The Federal Communications Commission proposed improvements for wireless call routing to the 988 Suicide & Crisis Lifeline that would connect callers in crisis to behavioral health resources in their state or county while protecting their privacy. Calls to 988, the three-digit number designated in 2020 for the National Suicide Prevention Lifeline, are currently routed based on the caller’s area code and exchange, which presents some obstacles to callers whose area code does not correspond to their location. Reliable, timely access to the 988 Lifeline is crucial to linking people experiencing a suicidal or mental health crisis with immediate support. This proposal would require a georouting solution to be implemented for all wireless calls to the 988 Lifeline. In July 2023, the FCC adopted rules that require providers to report outages that may potentially impact 988 service similar to the existing requirement for 911. This requirement affects all providers with a role in delivering the calls, including cable, satellite, wireless, wireline, interconnected VoIP providers. The Second Further Notice of Proposed Rulemaking reflects coordinated efforts by the FCC and the US Department of Health and Human Services’ (HHS) Substance Abuse and Mental Health Services Administration (SAMHSA) to make it easier for those in crisis to get help.
Telemedicine use remains substantially higher than it was before the COVID-19 pandemic, although it has fallen from pandemic highs. To inform the ongoing debate about whether to continue payment for telemedicine visits, this report estimated the association of greater telemedicine use across health systems with utilization, spending, and quality. In 2020, Medicare patients receiving care at health systems in the highest quartile of telemedicine use had 2.5 telemedicine visits per person, compared with 0.7 telemedicine visits per person in the lowest quartile of telemedicine use. In 2021–22, relative to those in the lowest quartile, Medicare patients of health systems in the highest quartile had an increase of 0.21 total outpatient visits (telemedicine and in-person) per patient per year, a decrease of 14.4 annual non-COVID-19 emergency department visits per 1,000 patients per year, a $248 increase in per patient per year spending, and increased adherence for metformin and statins. There were no clear differential changes in hospitalizations or receipt of preventive care.
An organization called the Ukrainian Congress Committee of America submitted a filing with the Federal Communications Commission (FCC) asking the agency to use its official powers to go after Elon Musk, based on their view that he is not doing enough to help Ukraine. Their filing asks the FCC to require Musk to step down from Starlink, to stop processing Starlink applications altogether, and ultimately to revoke SpaceX’s FCC licenses. Their submission is chock full of sweeping and unmoored allegations about “illegal meddling in US foreign policy” in Ukraine and complaints about the ways in which Starlink connectivity has been provided within Ukraine. Their submission is both procedurally improper and substantively meritless. Indeed, their filing repeatedly invokes laws and rules that have no application here. Plainly, this filing should have never left the drafts folder. The FCC must make clear that this agency will no longer participate in these efforts. The FCC should dismiss this filing with prejudice, lest the agency’s silence invite even more attempts just like it.
Company/Industry News
T-Mobile and EQT Announce Joint Venture to Acquire Lumos and Build Out the Un-carrier’s First Fiber Footprint
T-Mobile and EQT, a purpose-driven global investment organization, have entered into a joint venture (JV) with EQT’s Infrastructure VI fund (EQT) that will acquire fiber-to-the-home platform Lumos from EQT’s predecessor fund EQT Infrastructure III. The JV will bring T-Mobile’s retail, marketing, brand and customer experience strengths together with EQT’s fiber infrastructure investment expertise. Together they will acquire Lumos’ scalable fiber network build capabilities to deliver best-in-class high-speed fiber internet connectivity to customers across the US without access to fiber today. The transaction is expected to close in late 2024 or early 2025, subject to customary closing conditions and regulatory approvals. At closing, T-Mobile is expected to invest approximately $950 million in the JV to acquire a 50% equity stake and all existing fiber customers, with the funds invested by T-Mobile being used by Lumos for future fiber builds.
At NTIA, tech policy is what we do. From connecting everyone in America to the Internet, to managing federal airwaves, to crafting policy for emerging innovations like artificial intelligence systems, our goal is to make sure important technologies are developed in the service of people and progress. To help reach that goal, I’m pleased to announce key additions to our leadership team:
- Shiva Goel will join the Office of the Assistant Secretary as Senior Advisor for Spectrum Policy. He joins NTIA from the Federal Communications Commission, where he served as Legal Advisor to Commissioner Geoffrey Starks.
- Francella Ochillo joins NTIA as Director of Public Engagement. Ochillo is a technology policy expert who specializes in promoting digital citizenship. She comes to NTIA from Georgetown University, where she served as a Technology and Society Fellow.
These additions are the latest in a series of moves in recent months to bolster our senior staff. We continue to seek top-flight candidates for other leadership roles, including a new Chief Financial Officer/Director of Administration, Associate Administrator/Laboratory Director for our Institute for Telecommunication Sciences in Colorado, and Deputy Associate Administrator for Spectrum Management. These and other key hires continue to prepare NTIA to build a better-connected world now and in the future.
Federal Communications Commissioner Geoffrey Starks announced the following changes to his team: Shiva Goel, formerly Commissioner Starks’ Legal Advisor for wireless, space, and international issues, departed the Commission. Mr. Goel has joined the National Telecommunications and Information Administration (NTIA), where he now serves as Senior Spectrum Advisor and Director of National Spectrum Strategy. Following Mr. Goel’s departure, Neşe Guendelsberger is serving as Acting Legal Advisor for wireless, space, and international issues. Ms. Guendelsberger comes from the FCC’s Office of International Affairs, where she is Deputy Office Chief, and has previously served in various capacities at the Commission, including Deputy Bureau Chief of the International Bureau, Legal Advisor to Commissioner Mignon L. Clyburn, and Senior Deputy Bureau Chief of the Wireless Telecommunications Bureau.
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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