Wednesday, May 1, 2024
Headlines Daily Digest
(Legislation pulled from Senate Commerce Committee agenda)
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Lawmakers and advocates make last-ditch push to extend Affordable Connectivity Program
FCC, FTC Formalize Enforcement Partnership for Protecting the Open Internet
Automakers Provide Detailed Location Information to Law Enforcement Without a Warrant
Office of Internet Connectivity and Growth Annual Report 2023
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Broadband Infrastructure
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Digital Equity
A group of bipartisan US senators and representatives have called for an additional $7 billion that would extend the Affordable Connectivity Program through the end of 2024. The White House has expressed support, but the proposal hasn’t yet advanced in Congress. In the meantime, some ISPs are offering short-term subsidies and new discount plans to try to support low-income households that were previously relying on ACP. First implemented in 2021, the ACP was part of a massive, $1.2 trillion Biden administration deal called the Infrastructure Investment and Jobs Act. It provided $14.2 billion to make high-speed internet more affordable for low-income households. If a family’s income was less than 200 percent of the Federal Poverty Guideline, they could claim a $30 credit on their monthly broadband bill. Households on designated Tribal lands were eligible to receive up to $75 per month. The ACP was considered the largest and most successful broadband affordability program in US history by the Federal Communications Commission and initially was set to last five years. But demand for the program was higher than expected, and the FCC said earlier in 2024 that it would have to wind down the program two years earlier than planned because funds had run out.
Twenty-three million families in the U.S. will have bigger internet bills starting in May. That’s because a federal broadband subsidy program they’re enrolled in is nearly out of money. Dozens of people joined Biden administration officials, advocates and Sen. Peter Welch (D-VT) at a Washington public library to make a last-ditch plea to extend the Affordable Connectivity Program, a subsidy created by Congress and touted by President Joe Biden as part of his push to bring internet access to every U.S. household. The program, which is set to expire at the end of May, helps people with limited means pay their broadband bills. Assistance will be slashed starting in May, when enrolled households will only receive partial credits toward their internet bills. Barring any Congressional action to infuse the Affordable Connectivity Program with more cash, the subsidies will end completely at the end of the month. Welch and other lawmakers from both political parties introduced legislation earlier this year to extend the program through the end of the year with $7 billion. The White House has pushed for an extension but it has not happened so far.
Rep. Williams Leads 20 GOP Representatives in Letter to Speaker Johnson in Support of Affordable Connectivity Program
Rep. Brandon Williams (R-NY-22) led a letter to House Speaker Mike Johnson (R-LA) in support of replenished funding for the Affordable Connectivity Program (ACP). The ACP is in the process of winding down in the absence of congressional funding, and beneficiaries will completely lose their discount after May 2024. In light of the widespread, positive impact that the ACP has had on expanding access to this vital tool, the representatives urge immediate action to secure short-term funding for this program.
Since 2021, struggling Americans have made ends meet with the help of a popular federal benefit known as the Affordable Connectivity Program (ACP), which covers home internet service. But in just a few weeks their internet bills could skyrocket by hundreds of dollars a year. That’s because the ACP is running out of funds—and Congress shows no signs it will approve more. Policy experts have described the situation as a fast-approaching economic crisis and a major step backward for closing the digital divide between internet haves and have-nots. The collapse of the ACP will affect nearly 60 million individual Americans, going by Census Bureau population estimates. The program is heavily used by Americans over age 50, military veterans and low-income working families nationwide, according to Federal Communications Commission data. Many ACP subscribers have told CNN they are irate at Congress for letting them down and, through inaction, taking away a basic, essential utility.
With Federal Affordable Connectivity Program Set to Expire, Public Service Commission Reminds Residents about Existing Internet Assistance Options
The Public Service Commission (PSC) is reminding Wisconsin residents that, due to congressional inaction, the Federal Communications Commission’s Affordable Connectivity Program (ACP) is currently winding down, and no further ACP payments will be provided after the month of May. Initial ACP funding made available in the Bipartisan Infrastructure Law has almost run out. Unless Congress provides additional funding for the program, the ACP is set to expire soon. A replacement for the ACP does not currently exist. According to the FCC, April 2024 will be the last month ACP households will receive their full monthly discount. ACP households may receive a partial discount in May 2024. After May 2024, ACP discounts will no longer be provided. While a replacement for the ACP does not exist, the PSC will continue administering existing state assistance programs to help households pay for and obtain access to basic telecommunications and internet services. The Lifeline Program provides low-income Wisconsin residents affordable access to certain essential telecommunications services by discounting the cost of phone, cell, and internet services. The PSC’s Internet Discount Finder is also available to help households search for discounted internet service options in their area.
ECFiber customers in danger of losing a $30 monthly credit on their bill as the federal Affordable Connectivity Program (ACP) expires will receive a one-month extension directly from ECFiber. The decision was made by the executive committee in hopes that the ACP program funding will be replenished by congressional action in the coming weeks. “We can move quickly because we are a small community-oriented ISP,” said committee member Irv Thomae, who chaired ECFiber for many years, “but we cannot provide this support on our own for very long.” ECFiber has also been enhancing the ACP benefit by providing a private $20 monthly credit through its internal affordability fund, which previously had been the source of donations totaling $270,000 to the now-inactive Equal Access to Broadband, Inc., a nonprofit that ECFiber leadership created to develop affordability programs prior to the advent of the ACP. The full governing board of ECFiber had previously voted to continue the $20 subsidy for the remainder of 2024.
As millions of Americans prepare to lose their internet connection, the Biden administration has been caught flat-footed, failing to articulate a robust plan to avert the looming connectivity crisis. The Biden Administration’s connectivity strategy continues the US government’s neoliberal aversion to creating and funding public options for the internet. As a result, the country’s primary mechanism for connecting the unconnected is directing users to corporate internet service providers’ (ISPs) low-income plans. In fact, ACP has strengthened the country’s dependence on commercial ISPs, which have an effective monopoly on low-income internet plans, driving more subscribers to the very companies that have failed to connect the country’s most marginalized communities in the first place. The market for internet service is broken. The cost of internet plans throughout the US is high because telecom corporations face little competition and prioritize maximizing profits over connecting low-income neighborhoods. The Biden Administration should commit to a vision of truly universal internet access across the US. If corporate ISPs are intent on disconnecting Americans ends, then the Biden Administration needs to connect low-income residents outside of the prevailing corporate, commercial model.
[David Elliot Berman is a Postdoctoral Research Fellow at the Media, Inequality and Change Center at the University of Pennsylvania. Pawel Popiel is a Postdoctoral Research Fellow at the University of Pennsylvania's Media, Inequality and Change Center.]
Infrastructure
Biden-Harris Administration Delivers on Permitting Progress to Build America’s Infrastructure and Clean Energy Future Faster, Safer, and Cleaner
President Biden’s Investing in America agenda is making once-in-a-generation investments in America’s infrastructure and our clean energy future that are creating good-paying and union jobs, establishing and growing new industries in the United States, tackling the climate crisis, and helping lower costs for families. To deploy these investments, the Biden-Harris Administration has taken aggressive action to accelerate project permitting and environmental reviews. The Administration has developed and is currently executing a Permitting Action Plan; secured $1 billion from the Inflation Reduction Act to improve permitting; passed important reforms in the 2023 Fiscal Responsibility Act that made commonsense changes to the environmental review process, including setting deadlines for completion of reviews and making documents more readable by limiting their length; and took a number of administrative actions to simplify and accelerate the permitting process. By taking these actions, the Administration is ensuring that industry can move forward with key investments and projects, including building out clean energy and transmission, while also being responsible stewards of the environment and protecting communities.
Accelerating construction of high-speed internet projects. In March, the Advisory Council on Historic Preservation extended a process for faster historic preservation reviews for communications infrastructure projects on federal lands to all such projects both on and off federal lands. This action will shorten historic preservation reviews from over a year to less than three months. In addition, in April, the Department of Commerce’s National Telecommunications and Information Administration (NTIA) established and adopted a total of 36 new categorical exclusions that will unlock faster reviews for projects that do not have significant environmental effects. NTIA also developed and released a permitting and environmental mapping tool to help grant recipients and others deploying infrastructure for high-speed Internet service to identify permit requirements and avoid potential environmental impacts. In addition, also in April, the Department of the Interior issued a final rule to streamline approvals of broadband projects on Bureau of Land Management managed lands. Other projects are moving forward, such as DMCI Broadband. In October 2022 the U.S. Department of Agriculture awarded $6 million—through Infrastructure Investment and Jobs Act—to DMCI broadband in Michigan to be used to deploy a fiber-to-the-premises network to connect 2,899 people, 94 farms, 56 businesses, and four educational facilities to high-speed internet in Branch and Hillsdale counties in Michigan. After being awarded funding in 2022, the environmental review and approval took less than two months.
A backlash against internet data centers has triggered a wave of laws around the country to restrain the rapidly growing industry that uses massive amounts of energy to make cloud computing and smart technology possible. In Northern Virginia, home to the world’s largest concentration of data center buildings, Prince William County increased its tax rate on the equipment inside data centers by 72 percent, a response in part to complaints about too many of the football-field-sized facilities being built there. Neighboring Loudoun County—which is home to most of the data centers in Northern Virginia—is moving to keep the buildings away from homes and some commercial corridors, in part by making all data center projects subject to the county board’s review instead of allowing them as a “by right” development in certain areas. It’s not just Northern Virginia. In Georgia, the state legislature recently passed legislation that would place a two-year moratorium on tax incentives allotted to the data center industry. And in Arizona, Illinois and Arkansas, officials have passed laws to either suspend data center development or further restrict where they can be built.
There are several important changes to the broadband industry that came out of our collective pandemic experience.
- Many millions of people suddenly cared about upload speeds,
- The main impact for ISPs of having customers working from home is that it created a lot of customers who are intolerant of broadband outages, and
- There was so much press about poor rural broadband that I think this was the first time that a lot of urban and suburban people realized that rural folks don’t have the same broadband.
[Benton has been tracking Coronavirus and Connectivity since 2020. See https://www.benton.org/coronavirusandconnectivity]
Many state broadband directors are keeping their fingers crossed that all the areas eligible for Broadband Equity, Access, and Deployment (BEAD) Program rural broadband funding receive bids. But it’s a particularly big challenge for New Mexico, as the state’s broadband director Drew Lovelace explained. “New Mexico hits a trifecta of challenges in geography, size, and rurality. A lot of states have one or two of these, we have all three,” said Lovelace. New Mexico is the fifth largest state in land mass, but only 36th in population. Additionally, the state features diverse geographies that include canyons, rocky terrain, and eastern plains, among other challenges. Lovelace has real concerns that some areas of the state are so rural that they may not receive bids in the BEAD program. As such, he’s engaged with providers now to try to avoid that.
Connect Humanity Announces New Impact Fund With Support From Microsoft To Tackle Appalachia’s Digital Divide
Connect Humanity, a non-profit impact investor, is collaborating with Microsoft to support high-speed internet access and adoption in underserved Appalachian communities. Connect Humanity’s IDEA Fund (Investing in Digital Equity Appalachia) plans to invest in community-focused internet service providers which are best placed to meet the digital needs of residents and businesses in Appalachia’s unserved areas. Connect Humanity aims to convene a diverse group of capital partners including Community Development Financial Institutions (CDFIs), banks, impact investors, and foundations to meet this need through IDEA. Microsoft has committed “first loss” capital as a credit enhancement in IDEA Fund. Connect Humanity intends to use this blended capital approach to offer financing at affordable rates and flexible terms that enable ISPs to build in high-cost and/or low-income areas on a sustainable basis.
This Memorandum of Understanding (“MOU”) is entered into by the Federal Communications Commission and the Federal Trade Commission for the purpose of facilitating their joint and common goals, obligations, and responsibilities to protect consumers and the public interest. The Agencies recognize and acknowledge that each agency has legal, technical, and investigative expertise and experience that is valuable for rendering advice and guidance to the other relating to the acts or practices of Internet service providers. It is agreed that:
- The 2017 Restoring Internet Freedom FCC-FTC Memorandum of Understanding is hereby terminated.
- The 2003 Memorandum of Understanding regarding Telemarketing Enforcement and the 2015 FCC-FTC Consumer Protection Memorandum of Understanding remain in effect, and nothing in this Memorandum should be construed as altering, amending, or invalidating the 2003 and 2015 Memoranda.
- The Agencies may from time to time amend this MOU in writing, and such amendment shall become effective when executed by both parties. This MOU may be terminated by either party upon thirty (30) days’ advance written notice.
- This MOU shall take effect upon the effective date of the Open Internet Order. Nothing in this MOU shall be construed to impair or otherwise affect the authority granted by law to either party. This MOU shall be implemented consistent with applicable law and subject to the availability of appropriations. This MOU is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against either the FCC or the FTC; their officers, employees, or agents; or any other person.
Privacy
Sens Wyden, Markey Reveal Automakers Provide Detailed Location Information to Law Enforcement Without a Warrant, Rarely Notify Car Owners; Request FTC Investigate Broken Promises to Protect Drivers’ Privacy
We write to request that the Federal Trade Commission (FTC) investigate several automobile manufacturers — Toyota, Nissan, Subaru, Volkswagen, BMW, Mazda, Mercedes-Benz, and Kia — for deceiving their customers by falsely claiming to require a warrant or court order before turning over customer location data to government agencies. Recent investigations by our offices confirmed that only some of the car companies are honoring this commitment. Other companies revealed they turn over Americans’ location data to the government with a mere subpoena, which does not require a judge’s review and approval. Our investigations found that five car companies put their customers’ privacy first by requiring a warrant for location data, absent an emergency or customer consent: GM, Honda, Ford, Tesla and Stellantis. In contrast, Toyota, Nissan, Subaru, Volkswagen, BMW, Mazda, Mercedes-Benz, and Kia all confirmed that they will disclose location data to U.S. government agencies in response to subpoenas, which do not require a judge’s approval.
The Federal Communications Commission lawfully fined U.S. facilities-based wireless carriers nearly $200 million for selling highly intrusive location data about subscribers without their “opt-in” consent. In Section 222 of the Communications Act, Congress comprehensively specified how the carriers bore an affirmative duty of care not to disclose clearly defined Customer Proprietary Information (“CPNI”). The Act explicitly required the FCC, and no other agency, to protect telecommunications consumers. The language in this section is quite unambiguous. Congress surely answered the “major question” whether and how the FCC has jurisdiction to protect telecommunications service subscribers from the unconsented commercial exploitation of data about their immediate location. There is no basis for the carriers, or certain dissenting FCC Commissioners, to state that the Federal Trade Commission has exclusive jurisdiction over any and all consumer privacy issues. There is no doubt that all the facilities-based carriers “monetized” this information, but we will never know how many millions they received, because the carriers would scream bloody murder that such information is “business confidential” and “proprietary.” I’ll bet the carriers received far more than the $200 million they have to forfeit.
This paper studies the impact of the introduction of fiber broadband in North Carolina, through the lens of student achievement. Campbell links granular data on new fiber construction and advertised download speeds with administrative test score data and local labor market data. Exploiting variation in fiber availability at the census block group level, Campbell implements a difference-in-differences design and find modest effects on educational outcomes, roughly equivalent to lowering class sizes by one student. Campbell shows fiber increases local employment and search intensity for supplementary educational materials. Last, Campbell shows that increased competition from fiber providers drives quality improvements in other available technology.
[This paper won a 2022 TPRC Charles Benton Early Career Scholar Award]
Health
Rep Murphy Reintroduces Bill to Permanently Expand Access to Telehealth Services for Rural America
Reps Greg Murphy (R-NC-3), Michael Burgess (R-TX-26), Derrick Van Orden (R-WI-03), and Troy Nehls (R-TX-22) reintroduced legislation to permanently extend telehealth services for Federally Qualified Health Centers (FQHCs) and Rural Health Clinics (RHCs). Current Medicare telehealth flexibilities for FQHCs and RHCs, previously extended by Congress under the Consolidated Appropriations Act of 2023, expire on December 31, 2024.
Reps. Mike Kelly (R-PA), Mike Thompson (D-CA), and Adrian Smith (R-NE) introduced H.R. 8151, bipartisan legislation that would permanently expand the list of practitioners eligible who provide telehealth services to include qualified physical therapists, occupational therapists, speech language pathologists, and audiologists. Currently, these practitioners do not have permanent authorization to deliver electronic or virtual care to their patients. Families have come to rely on telehealth since the COVID-19 pandemic. Congress must act to preserve these authorities so that families, particularly in rural and underserved areas, have equal access to world-class health care.
Most Americans are wary of social media’s role in politics and its overall impact on the country, and these concerns are ticking up among Democrats, according to a new Pew Research Center survey of U.S. adults. Still, Republicans stand out on several measures, with majorities believing major technology companies are biased toward liberals. Since 2020, more Americans – particularly Democrats – believe social media companies wield too much political power. Roughly eight-in-ten Americans (78%) say these companies have too much power and influence in politics today, according to a new Pew Research Center survey of 10,133 U.S. adults conducted Feb. 7-11, 2024. This is up from 72% in 2020. Another 16% say these sites have the right amount of political influence, while only 4% think they don’t have enough power.
The ACCESS BROADBAND Act requires the National Telecommunications and Information Administration's Office of Internet Connectivity and Growth (OICG) to submit to relevant congressional committees and publish on its website an annual report that contains a description of OICG’s work for the previous year and the number of U.S. residents connected to broadband through federal broadband support programs and the Universal Service Fund Program. The OICG Annual Report describes the work of OICG, fulfilling the statutory requirement of the ACCESS BROADBAND Act. The 2023 OICG Annual Report provides an overview of the work accomplished by OICG across its initiatives over the prior calendar year as it administers the Infrastructure Investment and Jobs Act and the Consolidated Appropriations Act, 2021 federal broadband grant programs. This is the third report prepared under the requirements of the ACCESS BROADBAND Act. The ACCESS BROADBAND Act also mandates that OICG report on “how many residents of the United States were provided broadband by which universal service mechanism or which Federal broadband support program,” and include an “estimate of the economic impact of such broadband deployment efforts on local economies, including any effect on small businesses or jobs.” NTIA’s forthcoming Federal Broadband Funding Report fulfills the remaining ACCESS BROADBAND Act requirements.
Stories From Abroad
European Commission opens formal proceedings against Facebook and Instagram under the Digital Services Act
The European Commission has opened formal proceedings to assess whether Meta, the provider of Facebook and Instagram, may have breached the Digital Services Act (DSA). The suspected infringements cover Meta's policies and practices relating to deceptive advertising and political content on its services. They also concern the non-availability of an effective third-party real-time civic discourse and election-monitoring tool ahead of the elections to the European Parliament, against the background of Meta's deprecation of its real-time public insights tool CrowdTangle without an adequate replacement. Further, the Commission suspects that the mechanism for flagging illegal content on the services as well as the user redress and internal complaint-mechanisms are not compliant with the requirements of the Digital Services Act and that there are shortcomings in Meta's provision of access to publicly available data to researchers. The opening of proceedings is based on a preliminary analysis of the risk assessment report sent by Meta in September 2023.
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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