Monday, May 6, 2024
Headlines Daily Digest
Georgia's Digital Connectivity Plan and Cybersecurity on Today's Agenda
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Millions of Americans are about to lose internet access, and Congress is to blame
Congress, Call a Vote on the Affordable Connectivity Program Extension Act
Broadband Funding
Digital Divide
Competition
State/Local
Security
Kids & Media
Ownership
Devices
Platforms
Policymakers
Industry News
Stories From Abroad
Broadband Funding
The Affordable Connectivity Program is about to run out—and Congress is watching it happen. When the ACP was created in 2021 as part of the bipartisan Infrastructure Investment and Jobs Act, the $14.2 billion Congress allocated was expected to last five years. But demand for the benefit was so high that in January the Federal Communications Commission announced the program would be winding down at the end of April, after just three years. To bridge the gap, lawmakers introduced a bipartisan, bicameral bill that would allocate another $7 billion to the program—enough to last until the end of 2024 and give Congress some time to figure out a longer-term plan. But House Speaker Mike Johnson (R-LA) has yet to bring the bill to the floor for a vote, despite bipartisan support for the bill and mounting pressure even from some House Republicans to extend the program. As a result, barring some eleventh-hour change of heart, full funding for the ACP will run out, a lapse that could force millions of low-income people off the internet and could deal a major setback to all the progress that was made in expanding internet access since the pandemic. Now experts worry that the end of the ACP will remove the incentive that ISPs had to build in remote or rural areas because it will reduce the number of potential customers they can serve in those places. “As these providers are looking to build out their networks, they’re going to be more likely to do so if they know that there’s going to be a customer on the other end of the line,” says Drew Garner, director of policy engagement at Benton Institute for Broadband & Society.
Speaker Johnson, it is time to call a vote. In less than four weeks, over 23 million U.S. households will see spikes in their internet bills, increases that could leave many choosing between internet access and groceries, paying their rent, or picking up their prescriptions. The Affordable Connectivity Program Extension Act of 2024 (HR 6929) would extend the ACP, providing funding to keep the program running through 2024. A clear majority of the House of Representatives has already indicated that they support HR 6929—in addition to lead sponsor Rep. Yvette Clarke of New York, the bill has 230 co-sponsors including 24 Republicans. But HR 6929 has languished in the House since January 10. Let the Members vote, Speaker Johnson.
FCC Updates Guidance Regarding Locations and Broadband Coverage for Enhanced Alternative Connect America Model Mechanism
The Federal Communications Commission's Wireline Competition Bureau (Bureau) updated guidance regarding location and broadband coverage in the Enhanced Alternative Connect America Model (Enhanced ACAM) mechanism. Specifically, to best reflect deployment as of the August 30, 2023 offer, the Bureau will use FCC Broadband Data Collection broadband availability data as of June 30, 2023 to determine deployment obligations and support for locations in the December 2023 Serviceable Location Fabric for which such availability data are available. Using Fabric data matched to the corresponding availability data collected for that vintage of the Fabric provides the most accurate picture of broadband availability for each biannual as-of date and promotes greater data integrity and transparency. However, the Bureau recognizes that some Enhanced A-CAM electing carriers may have relied on the “as of August 30” condition in the Enhanced A-CAM Order in both electing Enhanced A-CAM and making decisions to upgrade service in late 2023, and the FCC will therefore match the earlier June 30, 2023 version of availability data with the December 2023 Fabric. In delegating to the Bureau the authority to determine the scope of broadband coverage at the time of the Enhanced A-CAM offer (and by extension the final deployment obligations and support amounts for Enhanced A-CAM-electing carriers), the FCC expected that the Enhanced A-CAM carriers, as incumbent local exchange carriers, would be aware of the locations and availability of competitive broadband in the area and that they would make their Enhanced A-CAM election based on that knowledge. The Bureau thus presumes that, as of the August 30, 2023, offer date, Enhanced A-CAM-electing carriers reasonably had knowledge of broadband coverage as of June 30, 2023, and thus using that vintage of availability data better aligns with the FCC’s expectation.
The Federal Communications Commission's Wireline Competition Bureau (Bureau) waives the FCC’s rules, on its own accord, to include in West Side Telephone Company’s (West Side’s) Enhanced Alternative Connect America Model (Enhanced A-CAM) offer locations that would otherwise have been treated as served by a competitor due to a federally enforceable commitment by ClearFiber. This limited waiver applies only to the locations within West Side’s West Virginia study area where ClearFiber is no longer subject to a grant from the Department of Agriculture's Rural Utilities Service to deploy broadband. RUS has recently determined that ClearFiber would not be able to complete its deployment obligations, and reduced ClearFiber’s grant accordingly, resulting in some West Virginia locations no longer being funded through RUS. Therefore, approximately 180 locations within West Side Telephone’s service area that were treated as served by a competitor when the FCC announced Enhanced A-CAM offers are no longer subject to a federally enforceable commitment.
This report summarizes information about Internet access in the United States as of June 30, 2022, as collected by FCC Form 477 and the Broadband Data Collection (BDC). [For purposes of this report, Internet access is defined as a service that allows information to be sent to or received from the Internet with a speed of at least 200 kilobits per second.] Total connections increased by about 3.4% between June 2021 and June 2022 to 517 million. Mobile connections increased 3.7% year-over-year to 391 million in June 2022, while fixed connections grew to 126 million—up about 2.4% from June 2021. About 4% of fixed connections had download speeds less than 10 Mbps, about 6% were at least 10 Mbps but less that 25 Mbps, 16.5% were between 25 and 100 Mbps, 58.5% were between 100 and 940 Mbps, and just over 15% were 940 Mbps or more. As of June 2022, approximately 92% of units in Broadband Serviceable Locations (BSLs) had at least one provider report the availability of a terrestrial fixed broadband service with speeds of at least 100 Mbps downstream and 20 Mbps upstream. Alternatively, about 4% of units did not have any provider report offering terrestrial fixed broadband with speeds of at least 25 Mbps downstream and 3 Mbps upstream.
The Department of Commerce's Economic Development Administration (EDA) and the Department of Agriculture's Rural Development (USDA RD) offer this joint planning resource guide, designed to help you eliminate barriers and encourage collaboration among your stakeholders. The guide is separated into four key focus areas including infrastructure and high-speed internet expansion.
Competition
FCC Chairwoman Rosenworcel's Response to Members of Congress Regarding Competitive Broadband Access in Multiple Tenant Environments
On April 3, members of Congress wrote to Federal Communications Commission Chairwoman Jessica Rosenworcel and Commissioners Carr, Starks, Simington, and Gomez expressing concern about the proposal to ban bulk billing agreements in multi-tenant buildings. Specifically, they asked that the FCC reconsider the proposal since in 2010 the FCC found that bulk billing arrangements “predominately benefit consumers.” On May 3, Chairwoman Rosenworcel responded, explaining that the proposal was designed to protect consumers, and would allow them to opt-out of bulk billing arrangements. "I have proposed that we begin a rulemaking to allow consumers to simply opt-out of these arrangements. This rulemaking, which I have shared with my colleagues, has the potential to empower consumer choice and boost competition, as well as build on the agency’s ongoing efforts to improve broadband transparency."
On June 6, initial comments are due in the Federal Communications Commission's recurring proceeding that assesses the state of competition in the communications marketplace, including broadband. In its last Communications Marketplace Report, published in December 2022, the FCC pointed to the potential for more competitive broadband markets. Although millions of Americans lacked access to high-speed broadband or could only access high-speed broadband through a single provider, the FCC found "this market is on the cusp of generational change." The Infrastructure and Investment and Jobs Act earmarked $65 billion for continued broadband adoption and deployment throughout the country. The FCC’s own effort to develop new broadband maps, the Commission predicted, would help identify broadband gaps and better target federal support. New technologies like 5G fixed wireless services were being deployed and, the FCC posited, could provide new competition to traditional fixed broadband services, particularly in rural areas. In this year's proceeding, the FCC is inviting industry stakeholders, the public, and all other interested parties to submit information, comments, and analyses pertaining to 2022, 2023, and any notable trends and developments that have occurred during early 2024. The FCC asks that parties submit relevant current and historic data that are comparable over time. The FCC has two aims for the report that result from all this public comment:
- assess the state of competition in the communications marketplace, and
- determine if any laws, regulations, regulatory practices, or demonstrated marketplace practices pose a barrier to competitive entry into the communications marketplace or to the competitive expansion of existing providers of communications services.
Governor Bill Lee (R-TN) and Department of Economic and Community Development (TNECD) Commissioner Stuart McWhorter announced that Tennessee will award $162.7 million in broadband and digital opportunity grants. In total, these investments will provide broadband access and digital opportunity programs to more than 236,000 Tennesseans across 92 counties. With this announcement, TNECD has invested more than $715 million to expand the state’s broadband infrastructure, connecting more than 689,000 Tennesseans across 275,000 residential and business locations. A total of $97.2 million is being funded by the Last Mile and Middle Mile infrastructure programs, and $65.5 million will be invested in digital opportunity programs. These initiatives are part of a broader strategy to ensure that all residents have access to high-speed internet by 2028, and have opportunities to develop digital skills, access high-quality tech jobs, connect to broadband enabled devices and access online learning and telehealth resources.
[see list of awardees at the link below]
Spectrum Launches Gigabit Broadband, Mobile, TV and Voice Services in Rural Lincoln County, Missouri
Spectrum announced the launch of Spectrum Internet, Mobile, TV and Voice services to more than 1,300 homes and small businesses near the communities of Famous, Moscow Mills, New Hope and Troy, Missouri. Spectrum’s newly constructed fiber-optic network buildout in rural parts of Lincoln County is part of the company’s approximately $5 billion RDOF-related investment in unserved rural communities, partly offset by $1.2 billion in the Federal Communications Commission’s (FCC) Rural Digital Opportunity Fund (RDOF) auction. The company’s RDOF expansion will provide broadband access to approximately 1 million customer locations as estimated by the FCC across 24 states in the coming years. Spectrum has also won more than $700 million in state broadband expansion subsidies, which, combined with Spectrum investment, will connect another 300,000 homes and small businesses.
In a step toward transforming Memphis (TN) into the nation's most digitally-equitable large city, Mayor Paul Young (D) broke ground on Memphis' first citywide fiber network. Memphis' median fixed broadband speeds currently rank among the slowest of any major US cities and less than 25 percent of residents have access to superior fiber internet. The citywide infrastructure being designed, built, financed, and managed by Blue Suede Networks, is being designed to pass 85 percent of Memphis' business and residential premises, including 85 percent in low-income communities. Memphis based Blue Suede Networks is responsible for delivering the network infrastructure, leveraging its technical and operational expertise as well as its financial resources and investment from Meridiam. Blue Suede Networks is owned and financed by Meridiam, a leading infrastructure developer, investor, and manager.
Security
Chairwoman Rosenworcel's Response to Members of Congress Regarding Data Breach Reporting Requirements
In December 2023, members of Congress wrote to Federal Communications Commission Chairwoman Jessica Rosenworcel expressing concern that proposed data breach reporting requirements would violate the Congressional Review Act. On May 3, Chairwoman Rosenworcel responded and explained that the new requirements were a needed update, and consistent with the Congressional Review Act. "In taking this action, the Commission acted in a manner consistent with the Congressional Review Act ... In the order updating the Commission’s data breach policies that was adopted on December 13, 2023, the agency addressed why the decision does not take any action or issue any rules that are prohibited by the Congressional Review Act."
Congress is currently deliberating changes to the E-rate program, and one proposal has raised eyebrows: requiring schools to ban social media access over their networks as a condition for receiving E-rate funding. While the intention—to protect children from social media risks—is commendable, we have reservations about using the E-rate program as a lever to address this issue. The proposed legislation introduces ambiguity and uncertainty, potentially affecting funding for schools and libraries. Recently, Sens Schatz (D-HI) and Cruz (R-TX) merged two bills into the Kids Off Social Media Act (KOSMA). This comprehensive legislation prevents social media platforms from allowing children to set up their own accounts, require schools to certify plans for blocking social media access to qualify for E-rate funding, and mandates that schools and libraries establish screen time policies. However, there’s a glaring omission: neither SHLB nor other school/library organizations were consulted before this legislative move. Despite the lack of support from these stakeholders, the Senators pushed to include KOSMA in the mark-up agenda, even without prior hearings. Federal intervention risks circumventing community-level decisions regarding appropriate social media use. That’s why we joined forces with the American Library Association (ALA), the Coalition for School Networking (CoSN), and the State Educational Technology Directors Association (SETDA) to express our opposition. We hope Senators take the time to thoroughly understand the implications of this legislation before rushing to pass it through the Senate.
CableLabs and Kyrio hosted a combined DOCSIS 4.0 technology and Distributed Access Architecture (DAA) Interop•Labs event April 15–18 at our headquarters in Louisville, Colorado. Combining the interops for these technologies drives home the fact that interoperability across all the system components is a high priority for the industry. At this Interop•Labs event, the focus again was on interoperability. The event included a record-setting number of devices showcasing the depth and breadth of the DOCSIS ecosystem. Multi-vendor interoperability testing is how we achieved a downstream speed of over 9 Gbps. This speed record shows several things: First, the products are nearing feature-complete status and are now being optimized for the speeds that DOCSIS 4.0 technology will bring to market. The number of suppliers and products in the industry continues to rise, and CableLabs’ Interop•Labs events bring all of the components of a DOCSIS 4.0 network solution together. With each interop, we’re successfully mixing and matching products from various suppliers and demonstrating interoperability across the interfaces defined in CableLabs’ specification.
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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