Daily Digest 3/28/2025 (Robert Waterman McChesney)
Friday, March 28, 2025
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Missouri May Not Be the Only State to Request Defaulted RDOF Funds
5 Former FCC Commissioners Urge End to CBS Probe as ‘Antithetical to the First Amendment’
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Sen Thune Leads Colleagues in Requesting the Removal of Extraneous Biden-Era Regulations on Broadband Program

Sen John Thune (R-SD) led his colleagues in sending a letter to Howard Lutnick, secretary of the U.S. Department of Commerce, requesting the removal of extraneous regulations as Secretary Lutnick conducts his review of the Broadband Equity, Access, and Deployment program, which is aimed at expanding internet access to Americans in rural areas and other unserved communities. The senators wrote, "We write to thank you for committing to a rigorous review of the Broadband Equity, Access, and Deployment program. As you may be aware, Republican senators have previously raised concerns with the Biden administration’s National Telecommunications and Information Administration and its implementation of the BEAD program. Specifically, NTIA ignored congressional direction and acted inconsistently with its statutory authority in the Infrastructure Investment and Jobs Act, filling the program with onerous regulations that prevented the quick, efficient deployment of broadband and resulted in not a single household being connected to the internet. Therefore, we urge you to remove the Biden-era extraneous regulations as you review the BEAD program to ensure the responsible and effective use of taxpayer dollars."

The Universal Service Fund has done little or nothing for universal service. Mobile phones and the internet have become ubiquitous in rural areas and among those of low income. Most schools, libraries, and healthcare facilities have been hooked up for years (to the dismay of many teachers). This is thanks to the alacrity of today’s high technology, massive private investments, profound improvements in service quality and proficiency, and constantly falling prices. The Federal Communications Commission program has been marginal at best and sometimes perverse. The program’s defects are due in large part to the political insulation and financial self-dealing that the challengers in the Supreme Court case regard as unconstitutional. If the program passes muster, it will be a beta-tested model for agencies that consolidate regulating, taxing, and spending, managed by agency “stakeholders,” governed only by aspirational legislative standards (make good things universal, and have a nice day!). With the court’s imprimatur, that would be the next growth trajectory of autonomous executive government.

The state of California is opening its Broadband Equity, Access, and Deployment Program application window for prequalification and application submissions, and ending on October 2 for submission of the final proposal to the National Telecommunications and Information Administration, which administers the program federally. The BEAD Program has allocated $1.86 billion to California for bringing high-speed internet to unserved and underserved residents. Applicants must meet a 25 percent match requirement on proposals. Eligible projects include last-mile broadband infrastructure to unserved locations (defined as those with access to less than 25/3 Mbps service) and underserved locations (those having between 25/3 and 100/20 Mbps). In addition, priority will be given to projects consisting solely of end-to-end fiber.

Missouri was the first state to ask the Federal Communications Commission to return Rural Digital Opportunity Fund broadband funding awarded to providers in the state who later defaulted on their awards. But it may not be the last. Louis Riggs (R-5), a Missouri state representative who helped spearhead the letter sent by the state’s attorney general to FCC Chairman Brendan Carr asking for the funding, said that officials in other states are having weekly calls to discuss similar letters to be sent by additional states. Missouri could do a lot with its portion of the defaulted RDOF funding and is in a better position than federal administrators to determine how to use it, State Rep Riggs argued on our phone call, reiterating a point he made in an op-ed piece that he penned for the Benton Institute for Broadband & Society. “We know what to do with it; we’ve been doing it now for a number of years,” he said.

The Digital Equity Act, with an allocated $2.75 billion budget, is the largest investment in digital inclusion efforts to date. Along with the other broadband provisions in the law, the DEA is the most active systemic approach to closing the digital divide in US history. There is great potential that this essential funding, which will support communities across the country in closing the digital divide, is at risk of being cut, paused, or endlessly delayed. The National Digital Inclusion Alliance's new one-pagers, available for all U.S. states and territories, will equip you to discuss and advocate for the protection of DEA in your specific state or territory. Each one-pager includes background information on DEA, the funding each state/territory would receive under DEA, and data highlighting who in your state is most impacted by the digital divide.

The Wireless Infrastructure Association released results from a nationwide survey of U.S. enterprise IT professionals responsible for or knowledgeable of their company’s in-building and campus wireless network deployments and plans. Highlights from the survey include:
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The Need for Connectivity: Traditionally, the highest concentration of in-building wireless deployments has and continues to be in larger, complex facilities, such as stadiums, large hotels, convention centers, corporate headquarters or expansive commercial spaces. However, the survey results show a growing concentration of planned and/or newly installed in-building and private wireless networks are in smaller building sizes compared to their deployed counterparts.
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Going Cellular: Overall, security, business fit, and cost remain the main drivers for selecting wireless networks over other wired and Wi-Fi options.
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Education is Key: Overall, the survey results showed the importance of experience for establishing technical familiarity with in-building wireless solutions and the need for targeted education for enterprise IT managers who are in the planning stage.

Sen Tom Cotton (R-AR) introduced the Cellphone Jamming Reform Act of 2025, legislation which would prevent inmates from using contraband cellphones in prison facilities by allowing state and federal prisons to use cellphone jamming systems. Rep David Kustoff (R-TN-8) is leading companion legislation in the House. The bill would prevent the Federal Communications Commission from stopping the use of jamming equipment in state and federal prisons.

These comments are submitted to emphasize the unprecedented nature of this news distortion proceeding, and to express our strong concern that the Federal Communications Commission may be seeking to censor the news media in a manner antithetical to the First Amendment. The undersigned commenters comprise a bipartisan group of former FCC Chairs and Commissioners. These individuals served under both Republican and Democratic leadership, and from that experienced perspective, express deep concern about the breadth of the content regulation authority asserted by this proceeding. The FCC has long recognized that “[t]he First Amendment, as well as Section 326 of the Communications Act, prohibits the Commission from censoring broadcast material and from interfering with freedom of expression in broadcasting.”1 The Commission has also long acknowledged the risks to free expression and a free press created by its “news distortion” policy—a policy that has never been codified as a rule. To mitigate those constitutional concerns, the Commission has construed the policy exceptionally narrowly. It has enforced the policy very rarely, and it has adopted guardrails requiring that complaints be summarily dismissed in all but the most exceptional circumstances. Those circumstances are not remotely present here. As described in the Center for American Rights’ complaint,2 this proceeding concerns two different broadcasts of the same interview with then-presidential candidate Kamala Harris, which aired on CBS’s “Face the Nation” and “60 Minutes.” Both broadcasts aired footage of the same question, and each program aired different portions of the response. The complaint sought the release of the unedited transcript, which the Commission has now secured along with the video of the interview. The transcript confirms that the editing choices at issue lie well within the editorial judgment protected by the First Amendment and that the Commission’s January 16 dismissal of the complaint was legally correct.3 Yet the Commission has reopened the complaint and taken the highly unusual step of inviting public comment, even though the proceeding is adjudicatory in nature. These developments have unjustifiably prolonged this investigation and raise questions about the actual purpose of the proceeding. The Commission’s departures from its typical practice and precedent are especially troubling when viewed in context. This Administration has made no secret of its desire to revoke the licenses of broadcasters that cover it in ways the President considers unfavorable.4 And the Administration has also decreed that this Commission and other historically independent agencies—including but not limited to the Federal Trade Commission, the Securities and Exchange Commission, and the Federal Energy Regulatory Commission—will now operate directly under the President’s “supervision and control.”5 By reopening this complaint, the Commission is signaling to broadcasters that it intends to act at the behest of the White House by closely scrutinizing the content of news coverage and threatening the regulatory licenses of broadcasters whose news outlets produce coverage that does not pass muster in the President’s view. We recommend that the Commission reverse course and once again dismiss the news distortion complaint as meritless. In doing so, the agency should reaffirm its foundational and long-held commitment to acting as an independent agency and not as a censor. Any other path contravenes the First Amendment and the great American free speech tradition.

AT&T and Verizon continue to aggressively eliminate staff. You have to wonder where the bottom will be in staffing levels. Both companies are currently actively striving to eliminate copper networks, with Verizon is much further along with this effort than AT&T. However, Verizon is slated to merge with Frontier sometime this year, which will bring new employees and a return of a lot of copper networks that Verizon had ditched to Frontier in the past. Both companies also say they are considering how AI might streamline operations, which probably means even further cuts in staffing over the next few years. This is all a far cry from the time when AT&T was the telephone monopoly and had over 1 million employees, making it the biggest employer outside the U.S. military. It’s anybody’s guess how much more these companies can slash staff and remain viable.

The Federal Communications Commission proposed rules to help ensure that emerging Next Generation 911 networks are reliable and interoperable, which will help first responders save lives. The nation is transitioning from legacy 911 technology to NG911, which will use Internet Protocol-based infrastructure to support new 911 capabilities, including text, video, and data. For NG911 to be fully effective, these networks must safeguard critical components and support the interoperability needed to seamlessly transfer 911 calls and data from one network to another. The Further Notice of Proposed Rulemaking adopted seeks comment on proposals to:
- Update the Commission’s existing 911 reliability rules to ensure that they apply to service providers that control or operate critical pathways and components in NG911 networks.
- Update the reliability standards for providers of critical NG911 functions to ensure the reliable delivery of 911 traffic to NG911 delivery points.
- Establish NG911 interoperability requirements for the interstate transfer of 911 traffic.
- Modify the certification and oversight mechanisms in the current 911 reliability rules to improve reliability and interoperability in NG911 systems while minimizing burdens on service providers.
- Empower state and local 911 authorities to obtain reliability and interoperability certifications directly from covered 911 service providers, so that 911 authorities can more easily address reliability and interoperability concerns within their jurisdictions.

The Federal Communications Commission proposed improvements to its wireless 911 location accuracy rules, which reduce emergency response times and ultimately save lives by enabling 911 call centers and first responders to quickly identify the location of people who call 911 from wireless phones. In a Sixth Further Notice of Proposed Rulemaking, the FCC is proposing measures to address concerns about precision while balancing the needs of industry and promoting technical flexibility and innovation, including seeking comment on:
- Requiring wireless providers to deliver vertical location information to 911 call centers measured in Height Above Ground Level, instead of Height Above Ellipsoid, to provide more actionable information to first responders.
- Requiring that the industry test bed validate the performance of vertical location technologies in dense urban, urban, suburban, and rural environments rather than the current approach that allows aggregating or averaging performance across environments.
- Providing non-nationwide wireless providers and certain major public safety organizations expanded access to test bed data, and allowing these public safety organizations to challenge test bed validations. • Ways to increase the number of wireless 911 calls that convey dispatchable location information with the call.
- Improving horizontal location accuracy for wireless 911 calls and location accuracy for text-to-911.

According to co-op leaders, synergies between electric service and fiber broadband at cooperatives are improving safety, reliability, and even workplace culture. “Electric co-ops deploying fiber broadband for future-proof high-speed internet and grid communications are reporting wide-ranging benefits that are serving their members’ needs now and into the future,” said National Rural Electric Cooperative Association Broadband Director Cliff Johnson. At Oklahoma Electric Cooperative, safety improvements were a primary goal when it launched a broadband project in 2018, said CEO Patrick Grace. The supervisory control and data acquisition system that the fiber network enabled provides real-time grid monitoring and communications and helps reduce risks for line crews. "Folding in safety with broadband was first and foremost,” Grace said. “The combination of broadband and electricity impacts safety and has made us better on both.”

The Senate Commerce Committee convened on March 27 to consider Arielle Roth, President Donald Trump's nominee to head the National Telecommunications and Information Administration (NTIA). Committee Chairman Ted Cruz (R-TX) kicked off the hearing voicing his strong support for for Roth: "As folks here know, Arielle is an esteemed member of the Republican staff on this committee. I’m not sure I’ve ever met someone as passionate about telecommunications law and policy as Arielle. Her work ethic is indefatigable and only rivaled by her dedication to public service. If she is confirmed, President Trump’s administration will be blessed to be getting her talents."

Robert Waterman McChesney passed away on March 25 at age 72. He was a globally respected communications scholar who was wholly welcome in the halls of academia, yet he was never satisfied working within an ivory tower. He was a rigorous researcher into the worst abuse of corporate and political establishments. Yet he refused to surrender his faith in the ability of people-powered movements to upend monarchs and oligarchs and, in the words of Tom Paine, “begin the world over again.” McChesney loved scholarship, loved activism, and loved collaborating with people who made connections between the two—sharing writing credits with former students at the University of Wisconsin and later at the University of Illinois at Urbana-Champaign, working with unions of media workers and, perhaps above all, strategizing with the team at Free Press, the media reform group he cofounded in 2003 to advocate for diversity in ownership, robust pubic media, net neutrality and always, always, democracy.
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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