Daily Digest 6/10/2024 (Pennsylvania)

Benton Institute for Broadband & Society
Table of Contents

Broadband Funding

The ACP is not dead yet  |  Read below  |  Nicole Ferarro  |  LightReading
Benton Foundation
Ten Things About ACP that Ted Cruz Cares About #4 ACP and GDP  |  Read below  |  Blair Levin  |  Analysis  |  Benton Institute for Broadband & Society

Net Neutrality

Open Internet Rules  |  Read below  |  Analysis  |  Keller and Heckman LLP
FCC Clarifies the Fast Lane Prohibition  |  Read below  |  Doug Dawson  |  Analysis  |  CCG Consulting

Infrastructure

Fiber’s expanding sensing opportunities  |  Read below  |  Gary Bolton  |  Lightwave

Competition

Dynamic Competition in Broadband Markets: A 2024 Update  |  Read below  |  Eric Fruits, Geoffrey Manne, Ben Sperry, Kristian Stout  |  Internatoinal Center for Law and Economics

State/Local Initiatives

Governor Hochul Unveils Application Guidelines for More Than $11 Million in ConnectALL Funding to Expand Broadband Access Ahead of Application Launch Later This Month  |  Read below  |  Press Release  |  New York Office of the Governor
Governor Kelly Announces Nearly $4 Million Awarded through Broadband ADOPT Program  |  Read below  |  Press Release  |  Kansas Office of the Governor
Benton Foundation
Pennsylvania's Plan for Affordable Broadband  |  Read below  |  Kevin Taglang  |  Analysis  |  Benton Institute for Broadband & Society
Request for Proposals for Residential Retrofit Program  |  Read below  |  Press Release  |  Massachusetts Broadband Institute
Michigan bill will ensure equal pricing for telehealth, in-person visits for MedicaidMichigan bill will ensure equal pricing for telehealth, in-person visits for Medicaid  |  Read below  |  Therese Boudreaux  |  Center Square
California Contemplates Cuts to Middle-Mile Broadband Build  |  Read below  |  Skip Descant  |  Government Technology

Wireless

Fixed Wireless Access in the US: Getting ready for Phase 2  |  Read below  |  Mike Dano  |  Light Reading
Cable Controlled 75% of U.S. Mobile Growth in Q1, Is Exploiting Convergence Advantage Over Wireless, Analyst Says  |  Read below  |  Daniel Frankel  |  Next TV

Platforms/Social Media/AI

Apple Is Giving Siri an A.I. Makeover  |  New York Times
New York passes legislation to ban 'addictive' social media algorithms for kids  |  NBC News

Security

Frontier hackers threaten to release private data for at least 750,000 customers  |  Vox

Research

Leichtman Research Group Ends Distribution of Public Reports  |  Read below  |  Daniel Frankel  |  Next TV

Lobbying

The Hidden Life of Google’s Secret Weapon  |  Wall Street Journal

Stories From Abroad

In Europe, fiber's the future, but HFC has a long life ahead  |  Read below  |  Jeff Baumgartner  |  Light Reading
Canada demands 5% of revenue from Netflix, Spotify, and other streamers  |  Read below  |  Jon Brodkin  |  Ars Technica

Company News

Ciena sees ‘funnel’ of opportunities in managed optical fiber  |  Fierce
Today's Top Stories

The ACP is not dead yet

Nicole Ferarro  |  LightReading

The Affordable Connectivity Program (ACP) came to a close at the start of June, due to a lack of funding and a failed effort in Congress to pass extended appropriations in time. But the program is not entirely dead yet. A couple of potential paths forward have reemerged in Congress. And industry sources are cautiously optimistic that ACP could spring back to life. Specifically, stakeholders are looking to a Senate Commerce Committee markup session next week to consider the Spectrum and National Security Act of 2024, which is expected to include an amendment from Sen. Maria Cantwell (D-WA) to fund the ACP. That markup session, which was twice postponed prior to ACP's lapse, is now rescheduled for Wednesday, June 12, and could see the spectrum bill get voted out of committee. It remains to be seen if that session moves forward as planned. Prior markups were derailed in part by amendments offered by Sen. Ted Cruz (R-TX), a ranking member on the committee, that would have gutted the ACP.

Ten Things About ACP that Ted Cruz Cares About #4 ACP and GDP

Blair Levin  |  Analysis  |  Benton Institute for Broadband & Society

A fair reading of Dr. John Horrigan’s work would start by adopting his insight that the Affordable Connectivity Program (ACP) is part of a three-legged stool that during the pandemic helped increase broadband adoption and sustain it for low-income households. Philanthropic and private sector initiatives were important, but the Emergency Broadband Benefit Program (EBB) and then the ACP were crucial in making these efforts have an impact on a national scale. It is then important to consider how Dr. Horrigan describes that ACP’s predecessor EBB is an important historical antecedent that, if, taken into account, would increase that number of households that were not connected prior to a government subsidy program.  As he writes, “It is hard to escape the fact that pandemic era initiatives (such as stimulus checks, the EBB, private-sector marketing initiatives, and philanthropic efforts) were responsible for getting a large number of low-income households online. The ACP not only sustained this, but helped low-income households weather a 2022 that saw a growth in inflation, the end of the child tax credit, and other economic headwinds. It is worth noting that the data only takes us through 2022 and it is likely that 2023 ACP signups included significant numbers of wireline customers." Further, Dr. Horrigan writes that based on his analysis of American Community Survey data from 2019-2022, 56% of the growth in home wireline broadband subscriptions in that time was among households whose annual incomes were $50K or less. And 38% of the growth was from “under $25K households” (that make up about 16% of all households.)1 ACP and EBB were partly responsible for this.

[Blair Levin is the Policy Advisor to New Street Research and a nonresident senior fellow at Brookings Metro​.]

Open Internet Rules

Analysis  |  Keller and Heckman LLP

On May 7, the Federal Communications Commission reclassified “broadband Internet access service” (BIAS) as a “telecommunications service” subject to the jurisdiction of the FCC under Title II of the Communications Act. The FCC determined that “the freedom to send and receive lawful content and to use and provide applications and services without fear of blocking continues to be essential to the Internet’s openness,” and expressed concern that BIAS providers may be incentivized to block edge providers’ content. Under the Open Internet rules, BIAS providers are prohibited from impairing or degrading lawful Internet traffic on the basis of content, application, service, or use of non-harmful device. The no-throttling rule bans conduct that is not outright blocking, but that the FCC believes would inhibit the delivery of particular content, applications, or services. The FCC also adopted enhancements to existing transparency rules that require BIAS providers to publicly disclose accurate information regarding the network management practices, performance, and commercial terms of its broadband Internet access services sufficient for consumers to make informed choices. These rules have been adopted, rescinded, and readopted since 2015. And they could be rescinded yet again depending on the outcome of the 2024 Presidential election.

FCC Clarifies the Fast Lane Prohibition

Doug Dawson  |  Analysis  |  CCG Consulting

The Federal Communications Commission made some changes to the recent Net Neutrality Order between the version that got approved on April 25 and the final version that was released to the Congressional record. One of the most interesting changes was to clarify rules pertaining to carriers creating fast lanes. The original order included language that prohibited paid prioritization, which is generically referred to as fast lanes. The original rules largely prohibited internet service providers from slowing Internet traffic for some customers but not others, which is the same language that was included in the original net neutrality order first passed by the FCC in 2015. The final FCC rules prohibit fast lanes where some customers selectively get a better broadband connection than somebody else, even if the faster connection is made at no charge.

Fiber’s expanding sensing opportunities

Gary Bolton  |  Lightwave

As fiber continues to proliferate throughout the nation through federal and private investment, new and exciting opportunities to utilize it are opening beyond delivering high-speed, low-latency broadband to unserved and underserved areas of the country. Technologies using fiber as a sensor have been around for decades, but the growth of fiber deployments worldwide is opening up new applications in everything from monitoring cicadas to locating new energy sources. Fiber optic sensing measures changes in an optical fiber's naturally occurring light scattering. It can measure changes in the fiber's physical state through vibration, strain, and temperature, using the fiber as a sensor of its entire length. The fiber provides real-time information on its physical surroundings, and the information collected can pinpoint the precise location of events and conditions at or near the sensor cable. We’re just starting to fully grasp fiber optics' potential to monitor our civil infrastructure and environment.

Dynamic Competition in Broadband Markets: A 2024 Update

Eric Fruits, Geoffrey Manne, Ben Sperry, Kristian Stout  |  Internatoinal Center for Law and Economics

In mid-2021, the International Center for Law & Economics (ICLE) published a white paper on the state of broadband competition in the United States, which concluded that:

  • The U.S. broadband market was generally healthy and competitive, with 95.6% of the population having access to high-speed broadband;
  • Concentration metrics are poor predictors of competitiveness—broadband markets can be dynamic and competitive even with only a few providers. Indeed, in some cases, increased concentration can result from efficiency gains and innovation, benefiting consumers through better services; and
  • Municipal broadband often requires significant taxpayer subsidies or cross-subsidies from other municipal enterprises, and is thus an example of “predatory entry,” rather than market competition.

Rather than repeat the analysis conducted in the 2021 report, in this report, we investigate the extent to which broadband competition has evolved over the past three years. We find that it has been a rapid evolution:

  • More households are connected to the internet;
  • Broadband speeds have increased, while prices have fallen;
  • More households are served by multiple providers; and
  • New technologies like satellite and 5G have expanded internet access and intermodal competition among providers.

Governor Hochul Unveils Application Guidelines for More Than $11 Million in ConnectALL Funding to Expand Broadband Access Ahead of Application Launch Later This Month

Press Release  |  New York Office of the Governor

Governor Kathy Hochul unveiled application guidelines for more than $11 million in new grant programs under Empire State Development’s ConnectALL Initiative, the largest-ever investment in New York's digital infrastructure, ahead of the launch of the applications on June 17. Together, the programs—the Regional and Local Assistance Program and the Digital Equity Technical Assistance Fund—will prepare local government and nonprofit organizations to participate in upcoming broadband deployment and digital equity programs across the state. The Governor also issued guidelines for a precertification application, set to launch June 21, to help interested internet service providers access federal broadband funding under the ConnectALL Deployment Program. 

Governor Kelly Announces Nearly $4 Million Awarded through Broadband ADOPT Program

Press Release  |  Kansas Office of the Governor

Governor Laura Kelly announced that seven organizations will receive a combined $3.9 million in grants through the Advancing Digital Opportunities to Promote Technology (ADOPT) program. ADOPT supports the Kelly administration’s work to connect more Kansans to high-speed internet by making public Wi-Fi accessible and distributing devices in underserved areas. The program helps organizations serving Kansans move forward by ensuring that communities can access public Wi-Fi and the devices needed to participate in today’s technology-driven world. ADOPT grants were awarded to: 

  • The Wichita Library Foundation, $289,270
  • Cunningham Communications, $107,279.90
  • Mokan Communications, $721,111
  • WTC, $721,111
  • Grey Snow Management, $370,793
  • Kansas State University, $1,484,215
  • Kansas City Kansas Community College (KCKCC), $239,400

Pennsylvania's Plan for Affordable Broadband

Kevin Taglang  |  Analysis  |  Benton Institute for Broadband & Society

Through the Broadband Equity, Access, and Deployment (BEAD) Program, established by Congress in the Infrastructure Investment and Jobs Act, Pennsylvania was allocated over $1.1 billion to deploy or upgrade high-speed Internet networks to ensure that everyone has access to reliable, affordable, high-speed internet service. On May 14, the Department of Commerce’s National Telecommunications and Information Administration (NTIA) approved the Pennsylvania Broadband Development Authority's initial BEAD plans. The Development Authority can now request access to funding and begin implementation of the BEAD program. The state has one year to submit a Final Proposal that details, among other things, the outcome of the subgrantee selection process and how the state will ensure universal broadband coverage. The overarching goal is to deploy broadband networks that reach every American and provide access to reliable, affordable, high-speed internet. Working with NTIA, the Pennsylvania Broadband Development Authority must ensure that service providers using BEAD funds provide a low-cost option to eligible subscribers and address middle-class affordability. BEAD guidelines prioritize proposals that improve affordability to ensure that networks built using taxpayer dollars are accessible to all Americans.

Request for Proposals for Residential Retrofit Program

Press Release  |  Massachusetts Broadband Institute

Massachusetts Technology Collaborative, on behalf of the Massachusetts Broadband Institute (MBI) is issuing this Request for Proposals for the Residential Retrofit Program to solicit applications from Internet Service Providers (ISPs) or Managed Service Providers (MSPs) for fiber construction to eligible Affordable Housing Properties and in-building and in-unit installation of cabling and related equipment. Through the Residential Retrofit Program MBI is making strategic and transformational investments that will ensure all Affordable Housing properties have the infrastructure necessary to provide reliable high-speed internet for current and future residents. MBI has identified four primary areas for capital investment under the Residential Retrofit Program:

  1. installation of fiber construction into Affordable Housing buildings;
  2. installation of fiber or CAT 6 cabling into units within Affordable Housing buildings;
  3. installation of smart panels or other needed in-unit termination points for improved wiring within Affordable Housing buildings; and
  4. other required cabling, retrofit or telecommunications equipment as required by individual building conditions within Affordable Housing buildings. 

Michigan bill will ensure equal pricing for telehealth, in-person visits for MedicaidMichigan bill will ensure equal pricing for telehealth, in-person visits for Medicaid

Therese Boudreaux  |  Center Square

Michigan Medicaid patients need only Gov. Gretchen Whitmer's signature to be able to pay the same rates for telehealth as they do for in-person doctor's visits. HB 4580, sponsored by Rep. Felicia Brabec, D-Pittsfield, has already passed the Senate and House. It would amend the Social Welfare Act to require Medicaid programs to provide the same reimbursement rate for both telehealth and in-office visits. The bill would also prohibit Medicaid and the Healthy Michigan Plan from requiring recipients to use telehealth services instead of in-person consultation. The bill would have no fiscal impact on state or local government, according to the Senate Fiscal Agency's analysis.

California Contemplates Cuts to Middle-Mile Broadband Build

Skip Descant  |  Government Technology

State budget woes will not derail a major broadband infrastructure project in California, but cuts will be made. The question remains, where? Mark Monroe, deputy director of California’s Middle-Mile Broadband Initiative, offered an update on the state plan to develop a 10,000-mile middle-mile broadband network—the foundational infrastructure from which to build last-mile service, bringing high-speed Internet to some of the state’s most rural and hard-to-reach locations. The now-nearly $4 billion effort, an initiative born out of the COVID-19 pandemic, is about two years in the making. But in 2023, amid a state budget shortfall, officials clawed back $1.5 billion, leaving the project short. Monroe said the California Department of Technology is still studying which part of the project will need to be cut. 

Fixed Wireless Access in the US: Getting ready for Phase 2

Mike Dano  |  Light Reading

Millions of new fixed wireless access (FWA) customers at Verizon and T-Mobile haven't affected the performance of the operators' respective 5G networks, according to new findings from network-monitoring company Opensignal. "Despite adding more than eight million 5G FWA subs using 400+ GB per month of data since Q1 2021, the overall mobile network experience on T-Mobile and Verizon's mobile networks has not been compromised," wrote Opensignal analyst Robert Wyrzykowski. Opensignal monitors wireless network performance through apps running on users' phones, which can collect measurements via both user-initiated tests and automated tests. In its new report, Opensignal found that areas in the US with a larger number of FWA customers actually showed better networking performance than areas with fewer FWA customers. Meaning, Verizon and T-Mobile offered increasingly speedy connections even in geographic locations with higher concentrations of FWA users.

Cable Controlled 75% of U.S. Mobile Growth in Q1, Is Exploiting Convergence Advantage Over Wireless, Analyst Says

Daniel Frankel  |  Next TV

Cable operators controlled more than 75 percent of U.S. net additions for wireless customers in the first quarter, according to a new tally published by equity analyst Craig Moffett. Simply put, cable operators are able to bundle discounted bundles of fast, reliable wireline home broadband and mobile that are undercutting the offerings of wireless giants. “Cable’s success owes to a very clear advantage,” Moffett wrote in a Thursday morning report. “Cable can offer its bundle everywhere; every cable customer—and indeed, every customer in a Charter or Comcast market—can get the same bundle at the same price.“That's not true for the TelCos,” he added. The wireline footprints of wireless companies including T-Mobile, AT&T and Verizon “simply don't support a converged offering.” The wireless giants “aren’t even in the ballpark of having a national offering,” Moffett also noted. Consider that AT&T, the closest to that benchmark among the trio, currently has fiber available in only 12 percent of households. 

Leichtman Research Group Ends Distribution of Public Reports

Daniel Frankel  |  Next TV

Leichtman Research Group, which has published well-regarded quarterly tallies of U.S. pay TV and broadband subscriber counts going back to the halcyon days of DSL in the early 2000s, is no longer offering its data to the public. The company’s First Quarter Research Notes, published back on March 26, will mark its last publicly distributed report. “While LRG continues to track the industry and provide quarterly updates for our clients, I’ve decided to no longer publicly release the topline findings—I thought the year-end results were a good time to make the pivot,” said company founder and principal analyst Bruce Leichtman.  We regularly abstracted LRG’s pay TV and broadband reports, sometimes getting too creative and driving past pro forma guardrails (apologies, Bruce). We'll certainly miss LRG's quarterly data. 

In Europe, fiber's the future, but HFC has a long life ahead

Jeff Baumgartner  |  Light Reading

Much as it is in North America, Europe's wireline future is tied to fiber. However, widely deployed hybrid fiber/coax (HFC) networks will continue to live on and support customers for years to come. Fiber is clearly the fastest-growing access technology in Europe. At a high level, fiber accounted for almost half of broadband subscribers in 2023, a figure that's expected to rise to 65% by 2028, Julia Schindler, senior analyst for European Markets at Omdia, noted in her broadband outlook for the region. In a trend that mirrors some of what's being seen in North America, fiber's rapid rise is being driven by migrations from DSL and cable to fiber and by the use of fiber in networks being built in rural areas as well as in other greenfield scenarios, Schindler explained. However, "There is plenty of steam left" in HFC, said Andres Bloom, senior systems architect, broadband DCT, broadband networks, at Tele2 Sverige.

Canada demands 5% of revenue from Netflix, Spotify, and other streamers

Jon Brodkin  |  Ars Technica

Canada has ordered large online streaming services to pay 5 percent of their Canadian revenue to the government in a program expected to raise $200 million per year to support local news and other home-grown content. The Canadian Radio-television and Telecommunications Commission (CRTC) announced its decision after a public comment period. The fees apply to both video and music streaming services. The CRTC imposed the rules despite opposition from Amazon, Apple, Disney, Google, Netflix, Paramount, and Spotify. The new fees are scheduled to take effect in September and apply to online streaming services that make at least $25 million a year in Canada. The regulations exclude revenue from audiobooks, podcasts, video game services, and user-generated content. CRTC Chairperson Vicky Eatrides said the agency's "decision will help ensure that online streaming services make meaningful contributions to Canadian and Indigenous content."

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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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