Upcoming policy issue

Small broadband providers in the rural US are scrambling to meet a September 1 deadline to submit coverage data to the Federal Communications Commission (FCC) or risk being locked out of the $42.45 billion Broadband Equity, Access and Deployment program (BEAD). FCC Chairwoman Jessica Rosenworcel opened the agency's broadband data collection portal on June 30. The data requested will inform the first draft of a new federal broadband coverage map, which states will then have the opportunity to challenge with their own data.

Each year, Congress recesses for the month of August. While the work—or, at least, the news—of Washington generally slows down in this period, all indications are that policymakers—and, most importantly, policy implementors—will be very busy throughout the summer of 2022 working on universal broadband and provisions of the Infrastructure Investment and Jobs Act. Here's what we're seeing and expecting from the Federal Communications Commission (FCC) and the National Telecommunications and Information Administration (NTIA). 

The Federal Trade Commission will consider new federal rules to expand online privacy protections by targeting online surveillance and lax data-security practices by technology companies. The FTC will examine a range of concerns about the online environment, including the widespread use of algorithms to manipulate and leverage data, security practices that leave data vulnerable to hackers, and the growing evidence that some platforms might be “addictive to children and lead to a wide variety of mental health and social harms.” The FTC also will examine possible discrim

Apparently, the Federal Trade Commission is expected to begin writing federal rules to expand online privacy protections as soon as August 11. If adopted, the rules could impose significant new responsibilities on businesses that handle consumer data, including potentially barring certain kinds of data collection practices. The new FTC rules could take years to enact, and the commission could follow several different paths. One option would be to declare certain data collection practices unfair or deceptive, using its authority to police such conduct.

One of the biggest surprises in the rules that the National Telecommunications and Information Administration (NTIA) issued for the $42.5 billion Broadband Equity Access and Deployment (BEAD) rural broadband funding program was the agency’s definition of “reliable broadband”—at least with regard to fixed wireless. While fixed wireless using “entirely licensed spectrum or a hybrid of licensed and unlicensed spectrum” was considered “reliable,” fixed wireless “relying entirely on unlicensed spectrum” was not.

While the National Telecommunications and Information Administration's notice of funding opportunity prioritizes fiber builds for those applying for Broadband Equity, Access, and Deployment (BEAD) Program grants, a "high-cost threshold" exception has been a point of concern for fiber advocates like the Fiber Broadband Association (FBA) CEO Gary Bolton. That threshold is a cost, to be set by the states, at which they may choose not to prioritize end-to-end fiber deployment. FBA is trying to make sure the states and territories writing up their funding plans keep that threshold as high as pos

After years of the same old thing, the rules of broadband internet may finally get rewritten.

The Supreme Court’s latest climate change ruling could dampen efforts by federal agencies to rein in the tech industry, which went largely unregulated for decades as the government tried to catch up to changes wrought by the internet. In the 6-3 decision that was narrowly tailored to the Environmental Protection Agency, the court ruled that the EPA does not have broad authority to reduce power plant emissions that contribute to global warming. The precedent is widely expected to invite challenges of other rules set by government agencies.

A glut of major tech policy bills await action as Congress' summer recess looms — and anything that doesn't pass by then is unlikely to pass at all in a midterm election season. The ambitious tech agenda this Congress started out with 18 months ago is getting squeezed out by other legislative priorities, including gun control, the Jan. 6 investigation, and the economy. Here's what's in the queue:

The House Appropriations Subcommittee on Financial Services and General Government today approved by voice vote its fiscal year 2023 bill. For fiscal year 2023, the bill includes $29.8 billion in funding, an increase of $4.3 billion (17 percent) over fiscal year 2022. The bill provides annual funding for certain federal agencies, including the Federal Communications Commission.