Daily Digest 7/01/2024 (Chevron Doctrine)

Benton Institute for Broadband & Society
Table of Contents

Government Performance

Supreme Court Overrules Chevron Doctrine, Imperiling an Array of Federal Rules The foundational 1984 deci  |  Read below  |  Adam Liptak  |  New York Times
Supreme Court Puts Biden Policies Like Net Neutrality and Ban on Noncompete Contracts at Risk  |  Wall Street Journal
So long, equitable internet  |  Read below  |  Liz Gabbitas  |  Analysis  |  Libraries for Digital Equity
How the Supreme Court Used Fish to Undermine Government Agencies  |  Summary at Benton.org  |  Yanni Chen  |  Analysis  |  Free Press

Broadband Funding

June 30 is the sunset date for the Emergency Connectivity Fund program  |  Federal Communications Commission
What happened to BEAD? Deployments slow even as federal and state funding looms  |  Read below  |  Brad Randall  |  Broadband Communities
Regulatory Costs of Fiber Construction  |  Read below  |  Doug Dawson  |  Analysis  |  CCG Consulting

Competition

Chairwoman Rosenworcel's Response Regarding Competitive Broadband Access in Multiple Tenant Environments  |  Read below  |  FCC Chairwoman Jessica Rosenworcel  |  Letter  |  Federal Communications Commission
Prison Phone Rates Set for Drastic Reduction Under New FCC Rules  |  Read below  |  Paula Seligson, Ellen Schneider  |  Bloomberg

Emergency Communications

FCC Chairwoman Rosenworcel Proposes Strengthening Security of Emergency Alert Systems  |  Read below  |  Press Release  |  Federal Communications Commission

Education

Purdue University gives itself a Wi-Fi glow-up  |  Read below  |  Mitch Wagner  |  Fierce

Digital Equity

Updated Digital Navigator Definition and New Standards  |  Read below  |  Kristi Zappie-Ferradino  |  Analysis  |  National Digital Inclusion Alliance

Elections & Media

Rep Shontel Brown Introduces Legislation to Protect Elections from AI Deception  |  Read below  |  Press Release  |  House of Representatives

Diversity

The Voices of A.I. Are Telling Us a Lot  |  New York Times

TV

Netflix, Amazon Lead With 53% of Original Streaming Title Orders in First Quarter of 2024, says Ampere Analysis  |  Wrap, The

Company News

Once hailed as a model for internet governance, Meta’s Oversight Board has been criticized as slow-moving and irrelevant  |  Washington Post
AT&T claims U.S. industry first with RedCap launch  |  Summary at Benton.org  |  Monica Alleven  |  Fierce
Musk’s Starlink faces rough weather in Indonesia  |  Read below  |  Gagandeep Kaur  |  Fierce
Amazon, Built by Retail, Invests in Its AI Future  |  Wall Street Journal
Seimitsu Extends Fiber Broadband Service to Georgia’s Coastal Communities  |  Ciena
Today's Top Stories

Supreme Court Overrules Chevron Doctrine, Imperiling an Array of Federal Rules The foundational 1984 deci

Adam Liptak  |  New York Times

The Supreme Court reduced the authority of executive agencies, sweeping aside a longstanding legal precedent that required courts to defer to the expertise of federal administrators in carrying out laws passed by Congress. The precedent, Chevron v. Natural Resources Defense Council, is one of the most cited in American law. There have been 70 Supreme Court decisions relying on Chevron, along with 17,000 in the lower courts. The decision threatens regulations in countless areas, including the environment, health care, and consumer safety. The vote was 6 to 3, dividing along ideological lines. The conservative legal movement and business groups have long objected to the Chevron ruling, partly based on a general hostility to government regulation and partly based on the belief, grounded in the separation of powers, that agencies should have only the power that Congress has explicitly given them. Supporters of the doctrine say it allows specialized agencies to fill gaps in ambiguous statutes to establish uniform rules in their areas of expertise, a practice they say was contemplated by Congress.

So long, equitable internet

Liz Gabbitas  |  Analysis  |  Libraries for Digital Equity

The US Supreme Court just overturned Chevron v. The Natural Resources Defense Council, a 40 year old precedent for how government works. This is big news for anyone interested in the way technology (and Big Tech) shape public policy, and vice versa. Why does Chevron matter? As ordained by our political system, Congress is supposed to set rules and regulations that protect our rights. In today’s world, no elected representative can be an expert on every topic where they are called to make a decision. That leads to the assumption in Chevron: where the laws enacted by Congress do not provide enough detail for specific regulatory decisions, agencies are empowered to clarify. Federal employees (and local public servants) provide critical subject expertise, which enables the law to be interpreted and implemented. So the question is, who will protect us now? Apparently not our government agencies, the only ones with any sort of rein on large corporations. Yet again, the public turns to libraries. 

What happened to BEAD? Deployments slow even as federal and state funding looms

Brad Randall  |  Broadband Communities

Uncertainty breeds caution, especially when money itself costs more and is hard to get. But, with the $42 billion Broadband Equity Access and Deployment (BEAD) spigot set to turn on in about six months, deployments have actually slowed. Financing is indeed difficult, but not just because interest rates are high. The end of the Affordable Connectivity Program (ACP) in May ended a guaranteed cashflow that investors and lenders liked. Uncertainty about the fate of the ACP, in addition to concerns about some of the requirements of the BEAD program, are leading lenders to hold back on broadband funding. 

Regulatory Costs of Fiber Construction

Doug Dawson  |  Analysis  |  CCG Consulting

There are a lot of regulations other than the ones created by or enforced by the Federal Communications Council. Anybody who builds fiber networks can describe the litany of state and local regulations involved in constructing fiber. Following are some of the primary kinds of such regulations—and there are others in some places:

  • National and State Codes: Fiber builders must meet various national and state codes related to electricity, safety, and specific fiber specifications.
  • Safety: Work sites must comply with safety standards set by OSHA and States.
  • Permits: Most jurisdictions have a formal permitting process. This is where a contractor will specify the planned construction of the network.
  • Rights-of-way: Federal rules allow fiber to be constructed in any existing public right-of-way. However, many local jurisdictions require a fiber builder to pay fees and obtain a right-of-way agreement before undertaking construction.
  • Easements: Contractors are required to acquire an easement from private landowners, which is permission to construct on private land.
  • Financial Requirements: Some jurisdictions require that an entity that wants to cut into a street to satisfy specific financial requirements. This might mean obtaining a bond or providing a deposit before construction. There might be requirements for contractors to carry specific amounts of insurance and name the government entity as a covered entity under the policy. Some jurisdictions treat a fiber network like other infrastructure and charge property or related taxes on the asset.

Chairwoman Rosenworcel's Response Regarding Competitive Broadband Access in Multiple Tenant Environments

FCC Chairwoman Jessica Rosenworcel  |  Letter  |  Federal Communications Commission

On May 20, Rep Sheila Cherfilus-McCormick (D-FL) wrote to Federal Communications Commission (FCC) Chairwoman Jessica Rosenworcel to express concerns regarding the Chairwoman's proposal to prohibit bulk-billing arrangements in multi-dwelling units. On June 10, Chairwoman Rosenworcel responded, explaining that the proposed rulemaking has the potential to "empower consumer choice and boost competition." "As you note in your letter, the last time the Commission revisited this issue was in 2010, when it found that these arrangements can predominately offer benefits to consumers. I agree that it is important to take that last record into account. However, a lot can change in 14 years and, as is true with many policies in the telecommunications sector, it is often in the public interest to reexamine long-standing policies to ensure they have kept up with changes in technology and the marketplace, especially when it comes to consumer protection and choice. I believe that the draft Further Notice of Proposed Rulemaking provides an opportunity to build a record on these matters that reflects the consumer experience today, and that is why it is important to have the public weigh in on these issues."

Prison Phone Rates Set for Drastic Reduction Under New FCC Rules

Paula Seligson, Ellen Schneider  |  Bloomberg

The Federal Communications Commission has proposed new rules to reduce phone and video call rates for incarcerated people, a move that could dramatically reshape the business of prison telecom providers such as ViaPath Technologies and Aventiv Technologies. The proposed rules call for a drastic reduction in the cost of audio calls, impose brand-new caps on video services and prohibit providers from making commission payments to the jails and prisons in which they operate. The prospect of stricter regulation has been a major overhang for the industry. Bipartisan legislation that President Joe Biden signed into law in early 2023 gave the FCC broader authority to regulate the cost of audio and video communication services that are offered to inmates. Companies in the prison services industry have faced higher borrowing costs and narrowing options to refinance debt, in part because of increased regulatory risk, but also because several investors and major banks have been distancing themselves from the sector over environmental, social and governance concerns in recent years.

FCC Chairwoman Rosenworcel Proposes Strengthening Security of Emergency Alert Systems

Press Release  |  Federal Communications Commission

Federal Communications Commission Chairwoman Jessica Rosenworcel has shared with her fellow commissioners draft final rules that, if adopted, would strengthen the security of the nation’s public alert and warning systems—the Emergency Alert System and Wireless Emergency Alerts—against emerging cybersecurity threats. The Emergency Alert System delivers warnings to the public thorough radio and television. Wireless Emergency Alerts deliver warnings to consumers’ wireless phones. If adopted by a vote of the full Commission, the draft rules would require communications providers that participate in these systems to create, update, and implement cybersecurity risk management plans. The rules would also require Emergency Alert System participants, such as broadcasters and cable providers, to notify the Commission of equipment defects within 24 hours of discovery, which would provide the Commission with greater awareness of system availability and help identify persistent technical problems in this equipment. In addition, the rules would ensure that Emergency Alert System participants have contingency plans for delivering alerts to the public.

Purdue University gives itself a Wi-Fi glow-up

Mitch Wagner  |  Fierce

You didn’t need testing equipment to measure the state of Purdue University’s Wi-Fi network. You just needed to look on Reddit, where complaints were flying. That was the situation Ian Hyatt walked in to when he took a job as CIO of Purdue University three years ago. Service for the Wi-Fi network, known as PAL—short for Purdue AirLink—was so hated that students put up a protest banner. Bad Wi-FI is a problem anywhere it happens, but it’s particularly bad for a college campus. Although Purdue’s Cisco networking equipment was out-of-date, Purdue was happy with the vendor and began work with them on a top-of-the-line upgrade. The upgrade increased network throughput fourfold and availability increased more than 20 percentage points, to over 99%. Purdue upgraded to Wi-Fi 6 and, using Cisco Meraki, students can build their own networks with custom network names. 

Updated Digital Navigator Definition and New Standards

Kristi Zappie-Ferradino  |  Analysis  |  National Digital Inclusion Alliance

In 2020, the National Digital Inclusion Alliance (NDIA) convened a group of digital inclusion practitioners to establish a definition for the term “digital navigator.” The term described a model for digital inclusion built upon years of similar work, tailored for the new realities of the time. Together, NDIA and our community further defined the work of digital navigators, adapted and scaled the model, and produced resources to help organizations launch and manage digital navigator programs. As a result of how programs have adapted the digital navigator model to meet their community needs and organizational capacity, NDIA has worked with our community to update the definition of digital navigator and create a set of standards for digital navigators and digital navigator programs. These standards and the updated definition are designed to provide guidance on what NDIA and the digital inclusion community have learned over the past four years and to reflect the realities digital navigator programs see daily: Digital navigators are trusted guides who assist community members with ongoing, individualized support for accessing affordable and appropriate connectivity, devices, and digital skills.

Rep Shontel Brown Introduces Legislation to Protect Elections from AI Deception

Press Release  |  House of Representatives

Rep Shontel Brown (D-OH) has introduced The Securing Elections from AI Deception Act, legislation to prohibit the use of artificial intelligence (AI) to deprive or defraud individuals of their right to vote and require disclaimers on AI-generated content. The legislation would be enforced by the Federal Trade Commission and applies to federal, state, and local elections. The Securing Elections from AI Deception Act has 46 original cosponsors and is endorsed by the NAACP, the Lawyer’s Committee for Civil Rights Under Law, and NETWORK Lobby for Catholic Social Justice. The Securing Elections from AI Deception Act:

  • Prohibits the Use of Artificial Intelligence to Deprive or Defraud Individuals of the Right to Vote

  • Requires Disclaimers on Election-Related Content Generated by Artificial Intelligence

Musk’s Starlink faces rough weather in Indonesia

Gagandeep Kaur  |  Fierce

Elon Musk’s satellite internet service, Starlink, is facing stiff resistance from Indonesian internet service providers (ISPs). The Indonesia Internet Service Provider Association is asking the government to ban Starlink’s license to sell services to consumers because ISPs see satellite provider as a threat to their market share. The ISPs have invested heavily in setting up a terrestrial network. They believe that Starlink can make them redundant if it decides to reduce the tariffs to compete with the ISPs. As of now, Starlink is charging significantly more than a typical ISP in the country. According to media reports, Starlink charges monthly fees of 750,000 Indonesian rupiah (around $45) and an initial cost of 5.9 million rupiah for an antenna. On the other hand, local ISPs charge 200,000 to 400,000 Rupiah per month for connectivity. However, since Starlink does not have to invest in deploying base stations, it can bring down the tariffs, which is bound to impact the ISPs.

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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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Kevin Taglang

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