Thursday, August 8, 2024
Headlines Daily Digest
2023 Federal Broadband Funding Report
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Native Nations and Federal Telecom Policy Failures
Broadband Funding
Net Neutrality
Emergency Communications
Antitrust
AI/Platforms/Social Media
Elections & Media
Satellites
Devices
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Policymakers
Company News
This is the third Federal Broadband Funding Report produced by NTIA, showing fiscal year (FY) 2022 data reported by 12 agencies across 70 programs making investments in broadband. This is the first Federal Broadband Funding Report to highlight trends across three fiscal years of data collected. For the first time, this report not only will release a dashboard of major findings but will also include a comprehensive view of broadband investment data reported across the last three data collections—reflecting broadband investments from FY 2020 to 2022. Past Federal Broadband Funding Reports included dashboards of selected charts, but this year's Federal Broadband Funding Report Dashboard allows Congress and the public to view trends across broadband funding types, purposes, agencies, and programs, as well as historical data on projected connections, where available. Reported federal broadband appropriated funding increased by $62.6 billion between FY 2020 and FY 2022, from $1.7 billion in FY 2020 to $64.3 billion in FY 2022.
Federal Communications Commissioner Brendan Carr joined Rep John Joyce (R-PA) in Blair County, Pennsylvania, for a roundtable discussion on the Biden-Harris Administration’s $42 billion plan for extending Internet service throughout rural America. Commissioner Carr and Rep Joyce heard directly from a range of stakeholders that want to see new Internet builds in their communities—from healthcare, education, economic, local government, and other leaders to the broadband builders that are ready to get the job done. Commissioner Carr said:
"It has now been 995 days since [the Infrastructure Investment and Jobs Act] was signed into law and not one person has been connected to the Internet with those dollars. Indeed, not even one shovel worth of dirt has been turned.... And the trend line is not good. The initial plan that the Biden-Harris Administration approved for Pennsylvania includes a prioritization system that weighs equitable workforce considerations ten times more heavily than speed of deployment. There is still time to correct course, and today’s roundtable highlighted several ways that we could do just that."
As Tribes work in record numbers to close the significant digital divide across Indian Country, they need good policy that facilitates self-determined and sustainable solutions. To the contrary, the Rural Digital Opportunity Fund (RDOF), administered by the Federal Communications Commission (FCC), became, for many, yet another lesson in the dangers of investing significant sums of federal money into new Internet networks on Tribal lands without regard to local knowledge or priorities, leaving Tribal governments to spend their own time and resources to fix broken processes. This report examines RDOF’s program design in the context of the FCC’s policies on Tribal nations, highlights the practical and fundamental concerns raised by some Tribes about the program, and considers the long-term reverberations it continues to have on broadband funding for Tribes. It concludes that the FCC should have stronger, more clear requirements for ISPs operating on Tribal Reservations.
In the coming months, more than $42 billion in federal Broadband Equity, Access and Deployment (BEAD) funds will be distributed among U.S. states and territories. Federal and state policymakers have key roles to play in supporting the efforts of the BEAD program. On the federal level, policymakers should focus on removing regulatory barriers rather than erecting new ones. Policymakers have an obligation to be good stewards of billions of taxpayer dollars and should avoid actions that would cause the experienced providers that are essential to success to sit out the program. On the state level, policymakers should focus on making wise decisions with the influx of federal BEAD grants they will receive. They must ensure these funds are targeted for their intended use of connecting unserved areas. There will be ample temptation to stray from that focus and waste funds on unrelated objectives. Partnerships with private broadband providers with a track record of experience, innovation and excellence have proven to be a potent recipe for states to maximize broadband funds and expand connectivity. Established private-sector ISPs understand the unique demands of rural deployments and have developed innovative engineering solutions to overcome any climate or geography. They recognize the massive level of maintenance and investments needed after initial builds to serve communities for the long term. They possess the resources and scale needed to withstand the inevitable natural and economic disasters. They are deeply committed to providing affordable service options, participating in digital literacy programs and supporting local initiatives in the communities they serve.
[Michael Powell is the president and CEO of NCTA-the Internet and Television Association.]
There are many folks making the argument that the country doesn’t have enough carrier exchange points. An exchange point is a physical location where multiple carriers meet for purposes of exchanging traffic. I don’t know if this is an accurate statistic, but I’ve heard several people claim there are fourteen or fifteen states that don’t have a major exchange point. This might be true if you use the definition of an exchange point to be a place where everybody meets. There is a big downside to internet service providers (ISPs) that are not located close to an internet exchange point (IXP). They must lease fiber transport with somebody that can carry their traffic from the local market to the nearest IXP. Lack of affordable connection to the Internet is one of the factors that stop ISPs from creating connections in remote rural areas far off the beaten path. It’s interesting that the BEAD grants want to fund the last-mile networks in such remote places but are not willing to find any significant middle-mile fiber needed to make the connection to affordable transport.
At the Mountain Connect conference, one of Elon Musk’s top lieutenants—Gwynne Shotwell, president and COO of SpaceX—regaled the audience with exciting stories about rocket launches, and she also touted SpaceX’s Starlink broadband service as a great way to close the digital divide in hard-to-reach rural locations. Shotwell also revealed SpaceX was working with the National Telecommunications and Information Administration (NTIA) on some “structural elements” to determine if SpaceX will bid for Broadband Equity Access and Deployment (BEAD) projects. Despite Musk's recent bashing of BEAD, Shotwell said SpaceX is “very interested in participating” in BEAD.
The Biden regulatory blitz continues, but courts are beginning to do their job to stop the biggest legal overreaches. A Sixth Circuit Court of Appeals panel blocked the Federal Communications Commission’s net neutrality rule, citing the Supreme Court’s major questions doctrine. Welcome to the post-Chevron world. “An agency may issue regulations only to the extent that Congress permits it,” the court writes. “The more an agency asks of a statute, in short, the more it must show in the statute to support its rule.” The FCC pointed to a catch-all in the 1934 law that lets it “prescribe such rules and regulations as may be necessary in the public interest” to implement Title II. “But such general or ‘ancillary’ authority to fill gaps in Congress’s regulatory scheme does not suffice to show that Congress clearly delegated authority to resolve a major question like this one,” the court writes. In the Chevron world, judges routinely deferred to administrative agencies when regulators sought to fill in such “gaps.”
The Federal Communications Commission voted to establish a new alert code to help save missing and endangered persons by delivering critical alert messages to the public over television, radio, and wireless phones. In 2023, more than 188,000 people went missing who fall outside of the criteria for AMBER Alerts. The new alert code will be particularly beneficial to Tribal communities, where American Indians and Alaska Natives are at a disproportionate risk of violence, murder, or vanishing. The new missing and endangered persons alerts within the nation’s Emergency Alert System and Wireless Emergency Alert system will help law enforcement agencies galvanize public attention to missing and endangered people of all ages who do not qualify for AMBER Alerts, including those who meet the criteria for Ashanti Alerts.
The Federal Communications Commission proposed new consumer protections against AI-generated robocalls and robotexts. The proposal seeks comment on the definition of AI-generated calls, requiring callers to disclose their use of AI generated calls and text messages, supporting technologies that alert and protect consumers from unwanted and illegal AI robocalls, and protecting positive uses of AI to help people with disabilities utilize the telephone networks. The Notice of Proposed Rulemaking proposes to define AI-generated calls and to require callers when obtaining prior express consent to disclose that the caller intends to use AIgenerated calls and text messages. In addition, callers would need to disclose to consumers on each call when they receive an AI-generated call. This provides consumers with an opportunity to identify and avoid those calls or texts that contain an enhanced risk of fraud and other scams.
AST SpaceMobile, which is preparing to offer low earth orbit (LEO)-based cellular broadband network services, says that it has gotten an initial license from the Federal Communications Commission for space-based operations in the United States. Initially, AST SpaceMobile’s services will include a cellphone-to-satellite offering. It says that the license enables it to launch and operate V, S and UHF frequencies to support gateway, feeder link and telemetry, tracking, and control operations for the first five commercial BlueBird satellites. AST SpaceMobile’s services will be able to be accessed through traditional cellphones and, unlike other services that operate outside of cell tower reach, will not require special devices. The company says it has agreements with more than 45 network operators worldwide with a collective subscriber base of more than 2.8 billion.
Like a phoenix, Starry is on the rise again. The fixed wireless internet service provider (ISP) took the world by storm a few short years ago before declaring bankruptcy in 2023. Besides climbing out of bankruptcy, much of the past year has been focused on upgrading its hardware and software to offer gigabit speeds (1,000 Mbps). The Gig service isn’t yet available everywhere in its service territory, but that’s where they’re headed, said CEO Alex Moulle-Berteaux. The company had hoped to reach profitability earlier, but it now looks like it will achieve that goal by the end of 2024 or by early 2025. Starry now offers service in just five markets: Boston, Denver, Los Angeles, New York, and Washington, D.C. Moving beyond those markets is possible but there are no immediate plans to do so.
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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