Monday, April 4, 2022
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What US courts learned using video communications platforms
Trust needed just as much as technology to close Tribal broadband gap
FCC Seeks Comment on Affordable Connectivity Program Petition
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In courtrooms across the US, judges hear from lawyers, prosecutors, plaintiffs, law enforcement officers, witnesses and others, all with the mission to resolve criminal and civil disputes fairly and transparently. Most observers agree, however, that the volume and complexity of cases before the courts in recent years have slowed the proverbial wheels of justice to a crawl. Then suddenly, the courts came to grips with the impact of the COVID-19 pandemic and scrambled to defer in-person hearings. Many feared cases might grind to a standstill. Instead, something remarkable happened. Judges and courts systems all over the country successfully pivoted to video communications platforms. Through that process, judges not only kept their dockets moving; but they also discovered it was possible to make court proceedings more accessible, more convenient and more transparent for everyone involved. More fundamentally, court officials also gained a new view of how the court experience as a whole could be improved. Procedures in place since our nation’s founding could function more expeditiously and less expensively than many judges and court officials had previously imagined.
[Stephen Ellis leads Government Solutions for Zoom Video Communications.]
After exploring the connection between broadband policy and access to courts, civic engagement, and government services, this report by Next Century Cities and the Samuelson Law, Technology & Public Policy Clinic at the University of California-Berkeley offers the following conclusions:
- Lack of adequate broadband access, devices, and digital literacy skills entrenches existing inequalities that civic institutions are working to eliminate.
- Remote hearings should be optional. In the courts, remote hearings can be effective for ministerial legal hearings and some substantive civil hearings. For civic institutions, remote hearings can increase access, but they can also exclude residents contending with digital access and adoption barriers.
- Deficiencies in public awareness of broadband affordability programs or community broadband services ensure that they remain underutilized. Trusted legal service providers, who work with residents eligible for broadband affordability programs, could be program ambassadors as they are an overlooked touchpoint for information.
- Lack of trust in government affordability programs can be just as much of a barrier to broadband affordability programs as lack of information.
- Mobile Internet service and devices are not sufficient for equitable access to courts, legal services, government proceedings, and public benefits.
Broadband offers an economic lifeline for residents on Tribal lands, but face time with local officials is required just as much as funding and technological flexibility to make it a reality, according to Muralnet CEO Mariel Triggs. Muralnet was founded in 2017 to help bring internet service to Tribal lands by working with indigenous communities to design, build and develop sustainable plans to operate local fixed and wireless networks. It’s no secret that delivering broadband on Tribal lands presents a number of unique challenges. According to the Federal Communications Commission’s Broadband Deployment Report released in 2021, the “remote, isolated nature of these areas, combined with challenging terrain and lower incomes, increase the cost of network deployment and entry, thereby reducing the profitability of providing service.” That’s a problem for tribes in trying to attract outside investment. But Triggs and Muralnet COO Jose Matanane noted there’s one other element that’s often overlooked by the ISPs and vendors: trust. “You have to build that trust relationship” with Tribal governments and councils, Matanane explained. “Their [ISP/vendor] Tribal engagement is a letter by the VP or somebody like that” but what they should be doing is meeting face-to-face with Tribal leaders. This is especially important for communities which have a history of being on the receiving end of broken promises from the government and other large entities. Triggs continued it’s critical for vendors and other partners to really understand what the tribes are trying to achieve before they try to pitch a solution as a “win-win.” “If you don’t understand what the goals are of the tribe then you can’t make that call,” she said.
FCC Seeks Comment on Affordable Connectivity Program Petition Filed by Competitive Carriers Association
The Federal Communications Commission's Wireline Competition Bureau seeks comment on the petition filed by Competitive Carriers Association seeking a temporary waiver of the FCC’s rules that would provide an additional 60 days from April 15, 2022 for providers to apply the Affordable Connectivity Program benefit to all plans. While CCA’s member companies who participate in the ACP have worked diligently to be ready for the April 15 deadline, the deadline has not provided enough time for all members to make the necessary modifications to their systems. Work is underway, but some necessary adjustments will not be complete by the April 15, 2022 deadline. A limited, temporary extension of the deadline by 60 days will allow providers to ensure that all their internet plans are ready and will have little impact on consumers in the meantime. Interested parties may file comments on or before April 8, 2022. All filings must refer to WC Docket No. 21-450.
When we’ll be able to file for grants from the Broadband Equity, Access, and Deployment (BEAD) program? The short answer to the question is that we can’t know yet. But we know all of the steps that must be taken by a state before it can start offering grants. We have a date for the first step of the process. On May 15, the National Telecommunications and Information Administration will release a Notice of Funding Opportunity (NOFO) for the BEAD program. This document will flesh out the NTIAs understanding of how the grant process will work. Then states will have to file a letter of intent (LOI) with the NTIA to describe the current state of broadband in the state and must describe the state’s plan for using and administering the BEAD funding. States are allowed to request up to $5 million at the time that they submit the LOI. This funding is provided to help states reach out to citizens, communities, and businesses. The funds can be used for a variety of planning purposes like data collection, developing a budget for operating the State grant program, materials for outreach to the public, etc. States that accept the $5 million of funding must file a 5-Year Action Plan to the NTIA. The whole process is then on hold until the FCC releases updated broadband maps. I will be surprised if the first maps from the new process are not a messy disaster – and I’m not sure what happens if they are. It’s hard to think that the FCC will be ready to release the new mapping data before the end of this year, although the agency will be under huge pressure to get this done sooner.
The Public Utility Commission of Texas (PUCT) adopts the first middle-mile broadband rule for the state of Texas. The rule permits electric utilities to lease their excess fiber capacity to internet service providers to provide broadband in unserved and underserved areas of Texas. While the PUCT does not regulate broadband service, this rule will help electric utilities, which the PUCT does regulate, partner with internet service providers to expand broadband access to Texans. The middle-mile broadband rule is the result of House Bill 3853 by Rep Doc Anderson (R-TX) and Senator Charles Perry (R-TX) passed during the 87th Texas Legislature. The rule contains several ratepayer, consumer, and private property owner protections. Electric utilities cannot pass any costs related to middle-mile broadband service to their ratepayers. Utilities also cannot deliver internet service directly to end-use customers on a retail basis. And private property owners who’ve granted easements to electric utilities can protest the use of the easement for middle-mile broadband service. Electric utilities that contract with internet service providers must submit implementation plans for middle-mile broadband service to the PUCT for review and approval as required by the Public Utility Regulatory Act.
The St Louis (MO) Community Foundation released a report on the digital divide in St Louis and the steps necessary to bridge the gap. This report provides a detailed and actionable assessment of the digital landscape in St Louis City and County. The digital divide impacts broad swaths of the St Louis population, and is most acutely felt by low-income and minority communities. This assessment positions St Louis to understand the breadth and depth of the digital divide, and establishes the necessary framework to catapult the city as a national leader in digital equity. In order to fully participate in our economic, educational, and healthcare systems, residents need:
- Consistent, reliable, and affordable access to high-speed broadband (HSBB)
- Affordable devices capable of maintaining HSBB connection
- Training and support to participate in this new virtual landscape
Nextlink CEO targets 'radical' growth with Rural Digital Opportunity Fund, fiber tailwinds at its back
Texas-based Nextlink Internet is hitting its stride as it turns ten, with founder and CEO Bill Baker stating it expects to ride a fiber frenzy and government funding opportunities to exponential growth over the next three years. The company, which was the top bidder in the Federal Communications Commission’s Connect America Fund (CAF) II auction in 2018 with $281 million in winnings, was also the number six bidder in 2020’s Rural Digital Opportunity Fund (RDOF) Phase I auction with winnings of just over $429 million. In addition to the ongoing CAF II build and the RDOF projects ahead of it, Baker said it’s also looking to capitalize on rapid population growth in Texas that is increasing demand for its fiber service. Founded in 2012 with a focus on serving rural areas, the company got its start serving consumers with fixed wireless access technology. It began rolling out fiber in 2017, and now covers around 10 communities in Texas and one in Nebraska with the technology. All told, Nextlink operates in seven states, including Texas, Oklahoma, Kansas, Nebraska, Iowa, Illinois and South Dakota. It currently has around 85,000 subscribers, with about 80,000 of these using fixed wireless and the remainder on fiber. Looking ahead, Baker said it expects to surpass 100,000 subscribers by the end of 2022, approach 200,000 by the end of 2023 and reach 300,000 by the close of 2024. He added the latter figure will likely include around 100,000 fiber customers.
Federal Communications Commission Chairwoman Jessica Rosenworcel’s response to a question about the 12 GHz band during an FCC oversight hearing March 31 is giving hope to the 5G for 12 GHz Coalition. The 5G for 12 GHz Coalition (which includes the Benton Institute for Broadband & Society) has been urging the commission to change the rules for the 12 GHz band so it can be used for two-way 5G communications. Engineering studies showing the band could be safely used by both satellite and 5G service providers were submitted to the FCC for its Office of Engineering and Technology (OET) to evaluate. Asked about the status of the 12 GHz technical review at the commission, Chairwoman Rosenworcel said it’s one of the most complex dockets at the commission. She noted that the 12 GHz band historically hosted fixed satellite systems. It also has had direct broadcast satellite and multi-channel video data distribution systems. “Now we might want to add mobile broadband to the mix,” she said. “As you might imagine, that's going to take a lot of technical work to make sure that the airwaves can accommodate all those different uses without harmful interference,” she said, adding that some of the data in the record points to different interference-to-noise ratios that are copied from the International Telecommunications Union that are 30 years old. “We have satellite policies we're going to have to update,” she said. “And once we identify harmful interference, we'll have to model what it looks like and try to come up with standards for where satellite terminals can be compared to 5G systems. These issues, to be candid, will take time, but they take time because they're really important and we need to do them well.”
For the second time this month, Congress has sent legislation to President Joe Biden that’s designed to keep better track of cybercrime data. The House on March 29 cleared a bill that would direct the Justice Department to collect and measure cybercrime statistics in several ways, such as a mandate for the Bureau of Justice Statistics and US Census Bureau to include questions about cybercrime on the National Crime Victimization Survey, which tallies crimes committed against people 12 and older. It arrives on Biden’s desk shortly after the president signed another bill that requires critical infrastructure owners and operators to report ransomware payments within 24 hours. In a floor speech this week urging passage of the DOJ metrics legislation, Rep Abigail Spanberger (D-VA) said cybercrime was the most common crime in the US. Spanberger, lead sponsor of the House version of the measure, said the Colonial Pipeline ransomware attack that sparked a fuel panic in the US served as inspiration to introduce it. The House agreed to clear the legislation by a vote of 377-48.
The National Telecommunications and Information Administration is continuing to build out its senior leadership team as it prepares to launch the grant programs in the Infrastructure Investment and Jobs Act:
- Herb Tyson is joining NTIA as Director of Intergovernmental Affairs. Herb will build a team to support NTIA’s extensive engagement with state and local governments around our broadband programs.
- Evan Feinman has been named Deputy Associate Administrator for Broadband Equity, Access, and Deployment (BEAD). Feinman will lead the $42.45 billion BEAD Program.
- Grace Abuhamad is returning to NTIA, where she served in 2016 as a policy analyst in the Office of International Affairs. She has been named a Senior Advisor in the Office of the Assistant Secretary.
- Sarah Morris has also been named Senior Advisor in the Office of the Assistant Secretary.
Russia is making progress in creating a “splinternet,” a move that would effectively detach the country from the rest of the world’s internet infrastructure. Such a move would allow Russia to control conversations more tightly and tamp down dissent—and it's getting closer by the day. Controlling a country’s internet requires two major components: separating yourself from the rest of the world, and cutting access from within. But both are harder for Russia than China because it’s starting from a comparatively open internet, after years of engagement with the West. (China, by contrast, has been closed almost since the first people logged on to the internet, following a February 1996 order giving the state absolute control over its design and establishing a prohibition on “inciting to overthrow the government or the socialist system”—meaning it was insular by design.) Russia’s internet regulator, Roskomnadzor, can by law demand that Russia’s internet service providers (ISPs) block content or don’t complete traffic requests. They can reroute internet traffic away from sites that Roskomnadzor deems unsuitable for everyday Russians, essentially cutting any individual browser off from the rest of the world. However, Russia has more than 3,000 ISPs, which implement diktats at different speeds.
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 Grace Tepper (grace AT benton DOT org) — we welcome your comments.
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