Daily Digest 9/25/2023 (A good and blessed year)

Benton Institute for Broadband & Society

Monday, September 25, 2023

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  Benton Foundation Reflections on a Diverse Career in Communications Law and Policy

Benton Foundation 2023 Charles Benton Broadband & Society Prize

Congress hears testimonies on 'disruptive' barriers to BEAD deployment

Breaking: On Day 146, Screenwriters Reach Deal With Studios to End Their Strike  |  New York Times

Table of Contents

Broadband Funding

Congress hears testimonies on 'disruptive' barriers to BEAD deployment  |  Read below  |  Julia King  |  Fierce
​​​​​​​Biden-Harris Administration Announces Investments in Domestic Production of Electronics Equipment Used in High-Speed Internet Networks  |  Read below  |  Press Release  |  National Telecommunications and Information Administration

Net Neutrality

FCC Republican Pushes Against Idea Of Net Neutrality Revival  |  Read below  |  Christopher Cole  |  Law360

State/Local Initiatives

Louisiana's BEAD Initial Proposal Volume 1 is the first to receive NTIA approval  |  ConnectLA
Kentucky seeks public comment on its Digital Equity Plan  |  Read below  |  Research  |  Kentucky Office of Systems Equity
Public Comment Invited for Oklahoma's BEAD Initial Proposal Volume 1  |  Read below  |  Press Release  |  Oklahoma Broadband Office
Puerto Rico Seeks Comment on its Digital Equity Plan and Initial Proposal Volume 1  |  Read below  |  Research  |  Puerto Rico Office of Management and Budget
Cleveland moves forward $20 million plan to expand broadband  |  Read below  |  Lucas Daprile  |  Cleveland.com
Gateway Fiber Cuts Ribbon to Launch Minnesota Market  |  Gateway Fiber

Wireless/Spectrum

Senate unanimously passed 5G Spectrum Authority Licensing Enforcement Act, would require FCC to release previously auctioned  |  US Senate
NTIA, Department of Defense Announce Final Winners of the 2023 5G Challenge  |  Read below  |  Press Release  |  National Telecommunications and Information Administration
FCC seeks comment on mobile spectrum holdings policies  |  Read below  |  Public Notice  |  Federal Communications Commission
FCC Seeks Comment on 3.45 GHz Relocation Payment Clearinghouse  |  Read below  |  Public Notice  |  Federal Communications Commission
FCC Approves RED SAS for Full Commercial Deployment in 3.5 GHz Band  |  Federal Communications Commission

Platforms/AI/Social Media

Misinformation research is buckling under GOP legal attacks  |  Washington Post
Lawmakers Introduce Bill to Regulate Use of Artificial Intelligence to Make Critical Decisions like Housing, Employment and Education  |  Read below  |  Press Release  |  US Senate

Amazon will invest up to $4 billion into OpenAI rival Anthropic  |  Vox

Meta to Push for Younger Users With New AI Chatbot Characters  |  Wall Street Journal

Julia Angwin: I worry that our digital public spaces might become even more polluted with untrustworthy content  |  New York Times

Research

Benton Foundation
2023 Charles Benton Broadband & Society Prize  |  Read below  |  Adrianne Furniss  |  Speech  |  Benton Institute for Broadband & Society

Ownership

Local Merger Creates New Broadband Company Serving Oklahoma, Texas, and Arkansas  |  360Broadband

Labor

On Day 146, Screenwriters Reach Deal With Studios to End Their Strike  |  New York Times

Policymakers

Benton Foundation
Reflections on a Diverse Career in Communications Law and Policy  |  Read below  |  Gigi Sohn  |  Speech  |  Benton Institute for Broadband & Society
Hank Asher, the Man Who Trapped Us in Databases  |  New York Times
Today's Top Stories

Broadband Funding

Congress hears testimonies on 'disruptive' barriers to BEAD deployment

Julia King  |  Fierce

A House Commerce Committee hearing centered on the future of rural broadband funding had industry leaders testifying on the improvements they deem necessary for the $42.5 billion Broadband Equity, Access, and Deployment (BEAD) program to be effective. US Telecom CEO Jonathan Spalter said in addition to financial backing, Congress can take non-funding actions to expedite and improve programs for rural broadband, and spoke against BEAD’s letter of credit requirement, which he contended could “actually reduce the amount of broadband deployed in the next few years using private capital.” Additionally, Spalter said streamlining permitting processes is another key to reducing providers’ deployment costs and timelines. Meanwhile, Midcontinent Communications (Midco) VP of Government Relations Justin Forde said that an important aspect of better cross-agency coordination would be making broadband programs, their eligibility standards, and their requirements more consistent. President of the Technology Policy Institute, Scott Wallsten, said that federal funding should be technology neutral, “with minimum specifications based on what consumers want.” Central to that argument is the fact that fixed wireless can bring connectivity quicker than fiber deployments, with Wallsten noting the Office of Management and Budget (OMB) requires that regulatory analyses take timelines into account.

​​​​​​​Biden-Harris Administration Announces Investments in Domestic Production of Electronics Equipment Used in High-Speed Internet Networks

The Infrastructure Investment and Jobs Act requires the use of Made in America construction materials and manufactured products for federally funded infrastructure projects, including high-speed Internet service deployment under the Administration’s “Internet for All” initiative. As a result, Calix is announcing an initial investment of up to $6 million, and an ongoing investment for operations of up to $15 million per year, which will result in creating approximately 100 American jobs. Calix will partner with Jabil, a leading global contract manufacturer, to move the production of high-tech electronics from Southeast Asia to the United States, including Optical Line Terminals and Optical Network Terminals to Michigan. Calix will also partner with Hisense in New Jersey to produce optical modules, while partnering with Gemtek to produce additional ONTs at its California facility.

Net Neutrality

FCC Republican Pushes Against Idea Of Net Neutrality Revival

Christopher Cole  |  Law360

Federal Communications Commissioner Brendan Carr, a longtime opponent of net neutrality rules, blasted the idea of bringing back regulations now that Democrats have a majority at the agency again. He said that recent Supreme Court law makes clear that a net neutrality revival would not survive legal challenges, meaning that any effort to craft rules would sap time from a FCC that should be focused elsewhere. "If people are interested, whether in Congress or here, in finding a way to put bright-line rules in place that avoid all the collateral damaging consequences that come from utility-style regulation of the internet, then those are conversations that should take place," he said. "But opening the door to going back down this path of utility regulation of the internet would be a serious mistake." Andrew Schwartzman, senior counselor for the Benton Institute for Broadband & Society, said, "The is clearly part of a well-designed plan to undermine the effort to restore Title II authority over broadband, timed to coincide with the arrival of [new FCC] Commissioner [Anna] Gomez as a likely third vote for Title II." Schwartzman noted that there are many reasons why the new major questions doctrine is inapplicable to this issue: "Indeed, in the 2005 Brand X case, not one member of the Supreme Court raised any doubt whether Congress intended to give authority to the FCC to consider the issue. The question there was only whether this power was in Title I or Title II of the Communications Act."

State/Local

Kentucky seeks public comment on its Digital Equity Plan

The Kentucky Office of Systems Equity in partnership with the Office of Broadband seeks public input on the draft of Kentucky’s first Digital Equity Plan. Obtaining input from Kentuckians on high-speed internet expansion and digital access throughout the commonwealth is part of the federal funding process. Please review and comment on the Draft State Digital Equity Plan and the Draft State Digital Equity Plan​ Appendices until October 15, 2023, here. The comments received will be considered for inclusion in the final Kentucky Digital Equity Plan. 

Public Comment Invited for Oklahoma's BEAD Initial Proposal Volume 1

Press Release  |  Oklahoma Broadband Office

The Oklahoma Broadband Office (OBO) is inviting public comments on the state's Broadband Equity, Access and Deployment (BEAD) Program Initial Proposal Volume 1. The OBO has posted Volume 1 to its website along with a current list of Community Anchor Institutions (CAIs) for review at this link. Oklahoma has been allocated $797.4 million for the Broadband Equity Access and Deployment (BEAD) grant program. In addition to the general public, comments are also encouraged from internet service providers and representatives of CAIs. 

Puerto Rico Seeks Comment on its Digital Equity Plan and Initial Proposal Volume 1

Puerto Rico has released its Digital Equity Plan and Broadband Equity, Access and Deployment (BEAD) Program Initial Proposal Volume 1 for the input and comments of its citizens. The comment period is currently open until Sunday, October 15. Citizens can visit the website at the following link

Cleveland moves forward $20 million plan to expand broadband

Lucas Daprile  |  Cleveland.com

The City of Cleveland (OH) is moving forward with Mayor Justin Bibb’s $20 million plan to expand broadband throughout the city. The revised plan would allocate $20 million of American Rescue Plan Act (ARPA) dollars to local nonprofit DigitalC to expand affordable broadband. But City Council members, skeptical that the largely untested nonprofit can deliver on its promises, built in some safeguards, namely the funds will be withheld from DigitalC until it shows it can meet some of its goals. DigitalC’s technology hooks into existing networks to provide wireless broadband internet, where it has promised upload and download speeds of at least 100 Mbps at $18 per month for all Cleveland homes. In order to receive its first batch of money from Cleveland, DigitalC has to more than double its current customer base by attracting 3,500 new subscribers and providing digital literacy training to 7,500 Cleveland residents. If DigitalC is able to accomplish that, the city will provide the nonprofit with $3.75 million.

Spectrum/Wireless

NTIA, Department of Defense Announce Final Winners of the 2023 5G Challenge

The National Telecommunications and Information Administration (NTIA), in collaboration with the Department of Defense (DoD), announced the final winners of the 2023 5G Challenge and its $7,000,000 total prize purse. NTIA has awarded $3,000,000, the largest of the 2023 5G Challenge total prize purse, to the Stage Four: Mobility winning contestant team, Lions-NewEdge-Mavenir-Radisys. Two teams successfully completed Stage Four: the winning team and a second mobility team, Capgemini-JMA Wireless-QCT/Benetel. A tiebreaker determined the mobility prize winner. NTIA/ITS additionally announced the following 2023 5G Challenge prizes winners:

  • Wrap-around Emulation Prizes of $100,000 to Capgemini, Fujitsu, GXC, JMA Wireless, Lions, Mavenir, NewEdge, QCT/Benetel and Radisys,
  • Multi-Vendor End-To-End (E2E) Integration 1st place prize of $750,000 and additional lab time to Capgemini and QCT/Benetel
  • Multi-Vendor End-To-End (E2E) Integration 2nd place prize of $250,000 to Radisys and Lions
  • Two Best in Show SBOM and VEX winners of $100,000 and security testing to Fujitsu and JMA Wireless, and 
  • Best in Show Collaborator winner of $20,000 and security testing to Lions

FCC seeks comment on mobile spectrum holdings policies

Public Notice  |  Federal Communications Commission

AT&T filed a petition for rulemaking asking that the Federal Communications Commission establish a mid-band spectrum screen. As a broader development relating to competition policy, AT&T points to the July 2021 issuance by President Biden of an Executive Order that encouraged the FCC to consider actions to promote competition, including specifically to avoid excessive concentration of spectrum license holdings in the United States. The FCC's Wireless Telecommunications Bureau and the Office of Economics and Analytics first seek comment on AT&T’s request that the FCC initiate a rulemaking proceeding. The Bureau and Office also seeks comment more broadly on whether they should recommend that the FCC propose other changes to its mobile spectrum holdings rules and policies. [Comments Due: October 23, 2023. Reply Comments: November 8, 2023. WT Docket No. 23-319]

FCC Seeks Comment on 3.45 GHz Relocation Payment Clearinghouse

Public Notice  |  Federal Communications Commission

The Federal Communications Commission's Wireless Telecommunications Bureau (Bureau) seeks comment on whether Summit Ridge Group, the Reimbursement Clearinghouse (Clearinghouse) selected by a committee of stakeholders in the 3.45-3.55 GHz band (3.45 GHz Band), satisfies the criteria established by the FCC in the 3.45 GHz Second Report and Order and the Bureau in the 3.45 GHz Clearinghouse Selection Process Order. Following the comment period, the Bureau will issue an order announcing whether the selection criteria have been satisfied. Should the Bureau be unable to find that the criteria have been satisfied, the 3.45 GHz Clearinghouse Selection Process Order required that the selection process will start over and the search committee will submit a new proposed entity. [Comments Due: October 10, 2023. Reply Comments Due: October 20, 2023 WT Docket No. 19-348]

Platforms/AI

Lawmakers Introduce Bill to Regulate Use of Artificial Intelligence to Make Critical Decisions like Housing, Employment and Education

Press Release  |  US Senate

US Senator Ron Wyden (D-OR), with Senator Cory Booker (D-NJ) and Representative Yvette Clarke (D-NY), introduced the Algorithmic Accountability Act of 2023, to create new protections for people affected by AI systems that are already impacting decisions affecting housing, credit, employment, education, and other high-impact uses. The bill applies to new generative AI systems used for critical decisions, as well as other AI and automated systems. The bill also requires companies to conduct impact assessments for effectiveness, bias, and other factors when using artificial intelligence to make critical decisions. It creates, for the first time, a public repository at the Federal Trade Commission of these systems, and adds 75 staff to the commission to enforce the law. 

Research

2023 Charles Benton Broadband & Society Prize

Adrianne Furniss  |  Speech  |  Benton Institute for Broadband & Society

The US is making unprecedented investments to ensure that individuals and communities have the capacity to fully participate in our society and economy via access to, and the use of, affordable information and communication technologies, such as wired and wireless broadband, internet-enabled devices, and applications and online content designed to enable and encourage self-sufficiency, participation, and collaboration. There’s an obvious and critical role for researchers to help guide this investment now and evaluate its effectiveness in the years to come. The winners of the Charles Benton Broadband & Society Prize are Natassia Bravo and Mildred Warner, both of Cornell University. They examined the question of what lessons could be learned from earlier state broadband funding approaches in relation to Broadband Equity, Access, and Deployment (BEAD) funds in their State Grant Programs for Broadband: Implications for Federal Policy Design. They explored how state broadband grants were awarded in the period from 2014 to 2020 in areas likely to have lower broadband availability and adoption—often rural, low-density, and high-poverty communities. Their research provides key insights into the various funding approaches taken by states to close the broadband infrastructure gap before the pandemic and highlights important lessons for how BEAD funds may be structured. Their analysis also addresses broader implications for digital equity, raising questions about the role of states in expanding coverage and addressing the needs of rural, aging, and minority individuals, three of the eight “covered populations” that the National Telecommunications and Information Administration (NTIA) identifies as disproportionately experiencing digital inequity and which are to be the focus of efforts supported through grants and planning processes. They also identify the importance of state policy in supporting communities with limited capacity and supporting market expansion.

[Adrianne B. Furniss is the Executive Director of the Benton Institute for Broadband & Society.]

Policymakers

Reflections on a Diverse Career in Communications Law and Policy

Gigi Sohn  |  Speech  |  Benton Institute for Broadband & Society

I’ve been asked to speak tonight about my career as a public interest communications lawyer and advocate, a grantmaker, and a public servant. When someone asks you to reflect on your career and perhaps offer some wisdom, it can only mean one thing – you’re old! Seriously, though, I’ve been extraordinarily lucky to have had exciting and diverse experiences in civil society, philanthropy, government, and yes, even in the private sector.  But like cooking a great meal, building a successful career requires a mix of a lot of different ingredients. Mine include passion, willingness to listen, humility, flexibility, patience, great mentors, mentees, work colleagues, family and friends, and just plain luck. My story starts with a lot of luck and a lot of great mentorship. There is one ingredient that is part of nearly every successful career, including mine, but that people rarely talk about. I’m referring to setbacks, disappointments, and falling short of one’s goals. Whoever said whatever doesn’t kill you makes you stronger is right. I’m not blowing smoke when I say that setbacks are a key to success—you learn from them, pick yourself up, and move on to greater things.

[Gigi Sohn is a Benton Senior Fellow and Public Advocate.]

Back to Table of Contents

Upcoming Events

Sept 27––Building Connections Across the Divide (Axios)

Sept 27––Mapping Broadband and Maternal Health Webinar (FCC)

Sept 27-28––Oregon Infrastructure Summit (Business Oregon)

Sept 28––IP3 Awards 2023 (Public Knowledge)

Oct 2-6––Digital Inclusion Week 2023 (NDIA)

Oct 2––All Together For Digital Inclusion - Stakeholder Summit 2023 (Digital Empowerment Community of Austin)

Oct 3––What's Next For Broadband? (Community Broadband Action Network)

Oct 10-12––AnchorNets 2023 (Schools, Health and Libraries Broadband Coalition)

Oct 12-13––Digital Inclusion Research Forum (Federal Reserve Banks of Dallas, Atlanta, Philadelphia and Kansas City)

Oct 12-13––FCC Tribal Workshop at Indian Island, Maine (FCC)

Oct 24––41st Annual Everett C. Parker Lecture & Awards Breakfast (United Church of Christ Media Justice Ministry)

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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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Benton Institute
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