Daily Digest 7/10/2023 (Hans Kamm)

Benton Institute for Broadband & Society
Table of Contents

Affordability

FCC Extends Pause of Lifeline Phase-Out and Mobile Data Increase  |  Read below  |  Trent Harkrader  |  Public Notice  |  Federal Communications Commission
Broadband Genie: US is 32nd Worldwide on Broadband Affordability  |  telecompetitor

State/Local Initiatives

North Carolina Awards Nearly $80 Million to Give More North Carolinians High-Speed Internet Access, Gov. Cooper Announces  |  Read below  |  Press Release  |  North Carolina Department of Information Technology
North Dakota Information Technology Awards Additional Capital Project Fund Applications for Broadband Infrastructure  |  Read below  |  Press Release  |  North Dakota Information Technology
Colorado pledges 99% broadband connectivity by 2027  |  Read below  |  Julia King  |  Fierce
Small Maine Towns Say Public Broadband Money Should Go to Public Networks, Not Corporations  |  Read below  |  Carolyn Campbell  |  Daily Yonder
How cities can navigate their state’s broadband preemption laws  |  Read below  |  Kaitlyn Levinson  |  Route Fifty
Brownsville (TX) Mayor John Cowen: We’re providing high speed internet because the existing ISPs wouldn’t  |  Rio Grande Guardian
Bountiful City voted for fiber broadband. Big cable wants to take it away.  |  Read below  |  Gigi Sohn  |  Op-Ed  |  Salt Lake tribune
Expanding Broadband in Portland (OR), The Time Is Now  |  Read below  |  Christopher Vines  |  Editorial  |  Electronic Frontier Foundation

Advertising

Advertising Watchdog: It’s OK to Just Say Speed to Mean Broadband Download Speed  |  Read below  |  Carl Weinschenk  |  telecompetitor

Environment

America is Wrapped in Miles of Toxic Lead Cables  |  Read below  |  Wall Street Journal
The FCC’s Environmental Obligations  |  Read below  |  Doug Dawson  |  Analysis  |  CCG Consulting

Social Media/Platforms/AI

‘Vague’ injunction on social media should be stayed, US Justice Department says  |  Read below  |  Joseph Menn  |  Washington Post
Op-ed: Banning government officials from talking to Big Tech is no win for free speech  |  Los Angeles Times
Instagram’s Threads surpasses 100 million users  |  Vox
Twitter traffic sinks in wake of changes and launch of rival platform Threads  |  Guardian, The
Threads poses rare threat to Twitter's political monopoly  |  Read below  |  Andrew Solender  |  Axios
Mark Zuckerberg’s Threads Poses a Conundrum for Regulators  |  Read below  |  Ephrat Livni, Ravi Mattu, Lauren Hirsch  |  New York Times
How Threads' Privacy Policies Compare to Rivals  |  Wired
How Meta is Pitching Threads to Advertisers  |  AdAge
Elon Musk Is Making Mark Zuckerberg Seem Cool Again  |  Wall Street Journal
For the first time in years, Meta CEO Mark Zuckerberg is riding a wave of good press  |  Axios
Twitter faces legal challenge after failing to remove reported hate tweets  |  Guardian, The
Megan McArdle: How today’s Twitter has made conservative boycotts more successful  |  Washington Post
Telegram has become a window into war  |  Vox
AI Could Change How Blind People See the World  |  Wired
As Businesses Clamor for Workplace AI, Tech Companies Rush to Provide It  |  New York Times
California bill requiring Big Tech to pay for news placed on hold until 2024  |  LA Times
‘The End of an Era': Facebook’s Final Days of Partnership With News Media Are Here  |  Wrap, The

Wireless

Your Smartphone Can Have Two Lines. Here’s Why You’d Want That.  |  Wall Street Journal

Security

Critical Infrastructure and the Cloud: Policy for Emerging Risk  |  Atlantic Council

Industry News

Cox Communications Wraps Buy of Fiber Provider Unite Private Networks  |  Read below  |  Kent Gibbons  |  Next TV
Cable companies are likely to target out of footprint for BEAD opportunities  |  Read below  |  Linda Hardest  |  Fierce
GigFire, Formerly LTD Broadband, Makes Illinois Acquisition  |  Read below  |  Carl Weinschenk  |  telecompetitor
Media Cartographer’ Evan Shapiro Maps the Known Media Universe  |  Next TV

Stories From Abroad

Fixing the Global Digital Divide and Digital Access Gap  |  Read below  |  Landry Signé  |  Analysis  |  Brookings
Social media injunction unravels plans to protect 2024 elections  |  Washington Post
Today's Top Stories

Affordability

FCC Extends Pause of Lifeline Phase-Out and Mobile Data Increase

Trent Harkrader  |  Public Notice  |  Federal Communications Commission

The Federal Communications Commission's Wireline Competition Bureau (Bureau) extended, for an additional year, the waiver pausing both the phase-out of Lifeline support for voice-only services and the increase in Lifeline minimum service standards for mobile broadband data capacity. Without this decision, support for services that meet only the voice minimum service standard, which currently stands at $5.25 per month, would be eliminated in most areas on December 1, 2023. Additionally, the minimum service standard for mobile broadband data capacity would rise from 4.5 GB to 20 GB per month beginning December 1, 2023. The bureau found good cause to extend this pause for an additional year to understand the impact of the  Affordable Connectivity Program on Lifeline subscribers’ use of their Lifeline benefit. Additionally, this pause will give the FCC the opportunity to fully consider the results of the inaugural ACP transparency data collection and the recommendations presented in the Future of USF Report. This pause will extend until December 1, 2024.

State/Local

North Carolina Awards Nearly $80 Million to Give More North Carolinians High-Speed Internet Access, Gov. Cooper Announces

Across North Carolina, 25,825 households and 862 businesses in 33 counties will get high-speed internet thanks to nearly $80 million in additional Growing Rural Economies with Access to Technology (GREAT) grants, Governor Roy Cooper (D-NC) announced. These latest grant awards add to the more than $269 million total awarded in 2022 to connect 117,405 households and businesses. As part of the federally-funded GREAT grant eligibility requirements, all internet service provider applicants must participate in the Affordable Connectivity Program (ACP). The North Carolina Department of Information Technology has now awarded all of the $350 million in American Rescue Plan Act (ARPA) funding available for the GREAT grant program. For this round of funding, the Division of Broadband and Digital Equity reviewed a total of 104 eligible applications in 58 counties. Grants are being awarded to the highest-scoring internet provider that applied in each county based on the number of households and businesses they propose to serve, the average cost to serve those locations, and the speeds offered, among other criteria required by law.

North Dakota Information Technology Awards Additional Capital Project Fund Applications for Broadband Infrastructure

North Dakota Information Technology (NDIT) has completed the Capital Project Fund (CPF) grant program award process, resulting in eleven grants to seven service providers totaling more than $37 million. Once completed, the projects will provide more than 2,100 homes and businesses with Fiber to the Premise (FTTP). The infrastructure will deliver service that reliably meets or exceeds symmetrical speeds of 100Mbps. Grants awarded and coverage area include: 

  • Griggs County Telephone Company – Steele County, Cass County;
  • Halstad Telephone Company – Cass-Grand Forks-Traill County;
  • Nemont Telephone Cooperative – East Westby-Divide County, Williston-Williams County;
  • Northwest Communications Cooperative – Burke County;
  • Polar Communications – Walsh County, Grand Forks County, Traill-Steele County;
  • Red River Communications – Rural Wahpeton;
  • West River Telecom – Grant County.

Colorado pledges 99% broadband connectivity by 2027

Julia King  |  Fierce

Colorado secured a whopping $826 million in funding from the federal Broadband Equity, Access and Deployment (BEAD) program, which according to state lawmakers will help connect over 99% of Coloradan homes by the start of 2027. The collaboration of federal agencies, namely the National Telecommunications and Information Administration (NTIA) and the Federal Communications Commission, along with Colorado’s local stakeholders, served as a model for “how work gets done,” said Brandy Reitter, the Executive Director of the Colorado broadband office. As of now there are around 190,000 Colorado homes and businesses that have “very limited access, little access or no access at all to internet,” Gov. Jared Polis (D-CO) noted, many of which are in rural communities. Colorado will use its BEAD investment more effectively, Senator Michael Bennet (D-CO) said, by allowing eligible municipalities, tribes, citizens, and organizations to apply for funding and “actually do the deployment, the work, with the state's direction.” Over the past couple of years, Colorado has received over $1.3 billion to help expand internet across the state.

Small Maine Towns Say Public Broadband Money Should Go to Public Networks, Not Corporations

Carolyn Campbell  |  Daily Yonder

A Republican, a Libertarian, and a Democrat meet over a beer in the small town of Liberty, Maine. Bob Kurek, Joe Meadows, and Phil Bloomstein, each a selectman from their respective towns, may disagree on many issues, but they unanimously agree when it comes to broadband funding: Public funds should support publicly owned fiber-optic networks. Kurek, Meadows, and Bloomstein are three of Waldo Broadband Corporation’s (WBC) five volunteer directors. A not-for-profit Broadband Utility District 30 miles east of Augusta (ME), WBC’s member towns have a population averaging 31 residents per square mile, the lowest town densities in the state. Now planning its second attempt to receive federal funding earmarked to expand broadband service, the WBC believes Maine’s current funding requirements unfairly favor large incumbent providers. Meadows added, “When [the Maine Connectivity Authority (MCA)] gives money to big [broadband providers] like Spectrum to help them build out within a certain town, that frees up money within those companies. They can then go into towns where they’re not applying for a grant to partially extend their network into the more populated areas of communities. They go right down the middle of population-dense areas, taking the low-hanging fruit in that town. We call it hollowing out.” According to Meadows, once this hollowing out happens, the probability of residents living along miles of dirt roads getting service goes to near-zero. Meadows asserted, “MCA, the legislators, and Maine’s governor need to consider these 'big picture' scenarios to a much greater degree if they want every Maine resident to have access to affordable, reliable broadband.” As the next round of funding approaches, broadband advocates watch closely to see what role, if any, the state will take to help hard-to-reach, less affluent towns provide universal coverage at affordable rates.

How cities can navigate their state’s broadband preemption laws

Kaitlyn Levinson  |  Route Fifty

When state preemption laws on municipal broadband expansion are too restrictive, local leaders should learn how to work around bureaucratic red tape so they can deliver critical internet access to their communities, says Christy Baker-Smith, a director of research and data at the National League of Cities (NLC). State-level legislative restrictions can exacerbate local digital divides and resident burdens, said Baker-Smith. Plus, they can cause cities to lose out on federal funding. Advocates of what NLC calls municipal broadband preemption say the practice may help standardize policy and program implementation across jurisdictions within a state, but, according to Baker-Smith, “the problem is … cities in rural areas and urban areas need very different things, so [the state should] let the cities decide what they need.” One way cities can manage state prohibitions is by partnering with privately owned internet providers, which is already a requirement for municipal broadband expansion in a few states. However, creating those partnerships could prove difficult as many companies forgo providing services in certain areas, such as rural communities, because there is little financial motivation to do so. For instance, cities can advocate that their use of federal funds could help cover a company’s cost to expand broadband infrastructure by upgrading a cellphone tower from 4G to 5G capabilities, she said. That upgrade would not only benefit the local area but it would also attract additional customers that would have otherwise been unreachable by the broadband provider.

Bountiful City voted for fiber broadband. Big cable wants to take it away.

Gigi Sohn  |  Op-Ed  |  Salt Lake tribune

May 26 was an historic day for Bountiful City. The City Council voted unanimously, 5-0, to provide its residents with lightning fast, universal and affordable fiber broadband service by partnering with UTOPIA Fiber, the same company that provides fiber-to-the-home service in 20 cities across Utah. Prior to the vote, the city underwent a very thorough, transparent process and opened the opportunity to provide broadband to the city’s residents to everyone, including the state’s largest cable and broadband companies. This process included surveys, a feasibility study and an invitation to all providers to submit a proposal. Only after this years-long process did the city sign a contract with UTOPIA Fiber. UTOPIA Fiber was on track to start construction this summer until a dark money organization called the Utah Taxpayers Association (UTA) hired a group called Gather Utah to obtain signatures for a petition that would stop the city from building the broadband network it chose to provide to its residents. UTA is a “dark money” organization because it doesn’t currently publish a list of its dues paying members or its Board of Directors, so a Bountiful resident would have no idea who is behind this effort to take away this public benefit. Similarly, Gather Utah has no website, no listed phone number and no list of board members, staff or funding sources. Here is what we do know.

[Gigi Sohn is the Executive Director of the American Association for Public Broadband]

Expanding Broadband in Portland (OR), The Time Is Now

Christopher Vines  |  Editorial  |  Electronic Frontier Foundation

Our local and regional governments have a responsibility to provide equitable, accessible, and affordable fast-internet service to every home and business—just like electricity, water, and waste removal. Portland (OR) has existing infrastructure that can be used to provide affordable access to fast internet for all Portlanders: a publicly owned dark fiber network used for essential city services—IRNE (Integrated Regional Network Enterprise) Net. Expanding and opening access to IRNE Net would encourage the growth of new local internet service providers (ISPs), provide a new source of revenue for the City of Portland, and create the means through which to give Portlanders affordable access to high-speed internet, in every home and business. Residents need to start now to educate the new City Council representatives on how to change the way of doing business in city government. It is possible to reclaim power from the Big Tech internet providers in Portland, and offer truly fast, affordable internet service to every Portland home and business. It is time to create fast-internet infrastructure in the Portland Metropolitan region that is treated as a public good for the public good.

Advertising

Advertising Watchdog: It’s OK to Just Say Speed to Mean Broadband Download Speed

Carl Weinschenk  |  telecompetitor

Charter Communications has prevailed in its appeal of a decision by the BBB National Program’s National Advertising Division (NAD) about speed claims in its broadband advertising. The appeal was upheld by the National Advertising Review Board (NARB), the appellate advertising body of BBB National Programs. The original challenge was brought by Frontier Communications. Examples of the claims that initially were found to be misleading are “Ultra-Fast speeds of 400 Mbps” and “Super-fast reliable speeds of 200 Mbps to power all your devices with no data caps.” NAD had recommended that Charter qualify its speed claims to indicate whether they referred to download or upload speeds and said that data speeds in both directions are material issues for consumers in selecting their broadband providers. NAD also ruled on claims about annual savings (not supported and should be discontinued), unlimited data (improve disclosure recommended), coverage claims (no action needed) and best price/best quality claims (discontinued, hence no action needed).  Charter argued in its appeal that it has been an industry practice for a long time to refer to download speeds as simply “speeds.” The panel accepted this and noted a lack of evidence of consumer confusion and found that the claims do not mislead a reasonable consumer. One panelist dissented and said that the claims were ambiguous and could refer to both upload and download speeds.

Environmental

America is Wrapped in Miles of Toxic Lead Cables

AT&T, Verizon and other telecommunications companies have left behind a sprawling network of cables covered in toxic lead that stretches across the US, under the water, in the soil, and on poles overhead. As the lead degrades, it is ending up in places where Americans live, work and play. The lead can be found on the banks of the Mississippi River in Louisiana, the Detroit River in Michigan, the Willamette River in Oregon, and the Passaic River in New Jersey, according to tests of samples from nearly 130 underwater-cable sites, conducted by several independent laboratories. The metal has tainted the soil at a popular fishing spot in New Iberia (LA), at a playground in Wappingers Falls (NY), and in front of a school in suburban New Jersey. More than 2,000 lead-covered cables haven't been addressed by the companies or environmental regulators. These relics of the old Bell System’s regional telephone network, and their impact on the environment, haven’t been previously reported.

The FCC’s Environmental Obligations

Doug Dawson  |  Analysis  |  CCG Consulting

The Federal Communications Commission has a specific set of environmental rules that must be followed when building any telecommunications infrastructure. Broadband providers that haven’t built on park lands or were funded by certain federal broadband grants probably never heard of these rules. But the rules apply to all telecommunications construction. The reason providers probably haven’t heard about these specific rules is that the FCC has largely put providers on the honor system to meet these guidelines. The only times that a provider might be required to follow these rules is if they were funded by a federal broadband grant or if they tried to get a permit to build on federal land. Those situations often require some level of environmental review to get the funding or the permit. Many of the broadband providers who will be pursuing the Broadband Equity, Access, and Deployment (BEAD) grants will be required to comply with these rules. The obligation for the FCC to enforce environmental rules was put in place in 1969. The agency has rarely taken its environmental obligations seriously and didn’t issue any fines for breaking the rules until the early 2000s. Even now, the FCC only learns about most infractions after infrastructure has been built. The agency only issues fines in about 10% of the cases brought before it by local governments, states, or the public.

Platforms/Social Media

‘Vague’ injunction on social media should be stayed, US Justice Department says

Joseph Menn  |  Washington Post

The US Justice Department asked a federal judge to stay his sweeping injunction barring many government interactions with social media companies on free-speech grounds, arguing that it was vague, confusing and likely to be overturned on appeal. “The Court’s July 4 preliminary injunction is both sweeping in scope and vague in its terms,” lawyers led by Principal Deputy Assistant Attorney General Brian Boynton wrote in a filing before US District Judge Terry Doughty in Louisiana, citing rules that require the document to make clear “exactly what conduct is proscribed.” The government team asked for a stay to be granted by July 10 until the US Court of Appeals for the 5th Circuit rules on the Justice Department’s planned appeal of the injunction, or else that Judge Doughty stay the order for a week to allow time for a faster emergency appeal. The six-page motion argues that parts of the order contradict each other, such as a prohibition on some officials speaking publicly about false social media posts conflicting with a provision that nothing should stop officials from exercising their own right to free speech.

Threads poses rare threat to Twitter's political monopoly

Andrew Solender  |  Axios

Meta’s new microblogging app Threads is emerging as a potential threat to Twitter’s lock on politicians and political observers seeking real-time news and debate.  Most Twitter competitors have struggled to match the size and bipartisanship of its user base, but Threads is garnering significant participation from both parties. With Twitter struggling under the ownership of Elon Musk, lawmakers are eager to find a credible alternative. As of the evening of July 6th, more than a quarter of Congress' 535 House members and senators had made accounts. The White House is staying coy about whether it will jump on the bandwagon, but several top aides — such as Domestic Policy Director Neera Tanden and Deputy Press Secretary Andrew Bates — have created accounts.

Mark Zuckerberg’s Threads Poses a Conundrum for Regulators

Ephrat Livni, Ravi Mattu, Lauren Hirsch  |  New York Times

In an era of tighter antitrust scrutiny of Big Tech in the United States, in Europe and elsewhere, what questions does Meta’s effort to extend its social media reach raise about the industry’s ability to expand into new areas — even when players build new services themselves, rather than buy a smaller foe? Size matters, but it’s just one factor. Regulators will want to know how Meta is gaining market share. Data concerns loom large.  Being big doesn’t run afoul of antitrust law. “The key is network effects.”  “There’s a narrative out there that anything a tech company does is bad.”

Industry News

Cox Communications Wraps Buy of Fiber Provider Unite Private Networks

Kent Gibbons  |  Next TV

Cox Communications, continuing its investment in network infrastructure providers of the last couple of years, closed its purchase of commercial fiber provider Unite Private Networks (UPN) for an undisclosed price. UPN will be combined with earlier Cox acquisition Segra as a standalone company under CEO Kevin Hart, the former Cox technology chief. Cox has been buying network infrastructure assets—including cloud services providers RapidScale and Logicworks—after parent company Cox Enterprises shifted away from TV and radio station assets, selling majority stakes in the stations to Apollo Management Group in 2019. The UPN acquisition, though, goes back to 2016, when Cox bought a majority interest in partnership with Ridgemont Equity Partners and UPN management. UPN is based in Kansas, City (MO) and is in more than 300 communities across 21 states, with 12,000 fiber route miles and 9,500 end customer sites. It is one of the largest providers of fiber WAN services to K-12 school districts in the US, serving more than 250 school districts, connecting nearly 2 million students, Cox said. Segra and UPN will operate as separate brands for the near future, Cox said.

Cable companies are likely to target out of footprint for BEAD opportunities

Linda Hardest  |  Fierce

New Street Research analyst Jonathan Chaplin says that cable operators will have a lot of opportunity to snag Broadband Equity, Access and Deployment (BEAD) funds for locations that are out of—but proximate to—their existing footprints. Chaplin delineated three areas out of their existing footprints that will be most ripe for them. The first area will be locations that are unserved that are near their existing footprints, and where there’s no other internet service provider nearby. The second area will be locations that are officially unserved, according to the Federal Communications Commission's definition, but where there is an existing internet service provider. “These are locations with [a broadband provider] providing less than 25/3 Mbps that are also near existing cable plant,” wrote Chaplin.  And the third area with good opportunity for cable will be underserved locations with a broadband provider providing more than 25/3 Mbps but less than 100/20 Mbps that are also near existing cable plant. Chaplin said the incumbent local exchange carrier (ILEC) will have an advantage when competing for these locations, since their upgrade costs should be lower than having to build from scratch. "Though cable will offer a compelling alternative in these markets too,” he wrote.  

Fixing the Global Digital Divide and Digital Access Gap

Landry Signé  |  Analysis  |  Brookings

The number of global internet users and the percentage of internet penetration continued to grow from 2021 to 2022 at 7% and 6% respectively. While this growth indicates that progress has been made in digital access, the fact remains that as of 2022, 2.7 billion people, representing a third of the world, do not have access to the internet and 53% of the world does not have access to high-speed broadband, leading to the risk of compounding negative effects in terms of economic, political, and social inclusion and equality. These trends make it plain that policymakers should care about addressing the global digital divide, and pay attention to the continental differences that exist around technology access and use. There have been and continue to be a wide array of approaches for mitigating and solving the issue of digital divides. Digital divide policy was previously dominated by a focus on increasing access to infrastructure, but recently it has expanded to include building digital skills, closing usage gaps, and strengthening social awareness of the internet. While an abundance of work is being done on the topic, stronger global collaboration remains a key goal to accelerate progress and ensure these various efforts are complementing, rather than undermining, one another. 

GigFire, Formerly LTD Broadband, Makes Illinois Acquisition

Carl Weinschenk  |  telecompetitor

Fiber-to-the-premises (FTTP) provider GigFire has acquired Rural Comm, a service provider headquartered in Farina (IL). GigFire, which now operates in ten Midwestern states, was known as LTD Broadband until earlier in 2023. The company says that it will serve more than 150 communities in Illinois and upgrade them to provide gigabit speeds. Rural Comm offers fixed wireless using 60 GHz technology and fiber broadband. The company – then operating as LTD Broadband — was a top ten winner in the Rural Digital Opportunity Fund (RDOF) auction with winning bids totaling over  $1.3 million. However, the Federal Communications Commission found that the company's long form application did not demonstrate that it could deliver on what it promised and rejected it in August 2022. The rejection of LTD’s bid had been expected. Less than a month earlier the FCC proposed fines totaling $4.3 million against 73 companies for defaulted RDOF bids. More than half of the fines were aimed at LTD. The proposed fine against LTD Broadband involved 768 census block groups centered in Kansas and Oklahoma. LTD’s history is as a fixed wireless access (FWA) provider, though its RDOF initiative would have required the company to deploy fiber broadband.

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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 David L. Clay II (dclay AT benton DOT org) — we welcome your comments.


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