Wednesday, January 20, 2021
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FCC Releases 2021 Broadband Deployment Report
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FCC Establishes the Digital Opportunity Data Collection and Modernizes the FCC Form 477 Data Program
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The Federal Communications Commission released its annual Broadband Deployment Report. The gap between urban and rural Americans with access to 25/3 Mbps fixed broadband service fell from 30 percentage points at the end of 2016 to 16 points at the end of 2019. Additionally, more than three-quarters of those Americans in areas newly served in 2019 (nearly 3.7 million) live in rural areas, bringing the number of rural Americans in areas served by at least 25/3 Mbps broadband service to nearly 83%, up 15 points since 2016. The report showed an overall decrease of more than 20% in the number of Americans without access to 25/3 Mbps broadband service since the 2020 report, from more than 18.1 million at the end of 2018 to fewer than 14.5 million at the end of 2019. With regard to mobile broadband, since 2018, the number of Americans lacking access to 4G LTE mobile broadband with a median speed of 10/3 Mbps was reduced by more than 57%, including a nearly 54% decrease among rural Americans. As of the end of 2019, the vast majority of Americans, 94% had access to both 25/3 Mbps fixed broadband service and mobile broadband service with a median speed of 10/3 Mbps. Mobile providers now provide access to 5G capability to approximately 60% of Americans.
For the third consecutive year, the FCC finds that broadband is being deployed on a reasonable and timely basis.
“From my first day as Chairman, the FCC’s top priority has been closing the digital divide. It’s heartening to see these numbers, which demonstrate that we’ve been delivering results for the American people,” said FCC Chairman Ajit Pai. “In just three years, the number of American consumers living in areas without access to fixed broadband at 25/3 Mbps has been nearly cut in half. I’ve personally met some of these consumers, from Mandan, North Dakota to Ethete, Wyoming. And over the last two years, the percentage of rural Americans without access to mobile broadband with a median speed of 10/3 Mbps has been slashed from over 35% to under 10%. Moreover, at the end of 2019, mobile providers offered 5G service to approximately 60% of Americans, a figure that is substantially higher today. These successes resulted from forward-thinking policies that removed barriers to infrastructure investment and promoted competition and innovation. I look forward to seeing the Commission continue its efforts to ensure that all Americans have broadband access. Especially with the success of last year’s Rural Digital Opportunity Fund Phase I auction, I have no doubt that these figures will continue to improve as auction winners deploy networks in the areas for which they got FCC funding.”
FCC Commissioner Brendan Carr said, "Since 2017, the FCC’s top priority has been to close the digital divide. And today’s report confirms that our efforts have enabled the private sector to build out high-speed Internet infrastructure at an unprecedented pace. Indeed, the digital divide has nearly been cut in half since the end of 2016. All of these new connections have been enabled by common sense reforms to our infrastructure rules—reforms that allowed the private sector to build a record-breaking 46,000 new cell sites in 2019 alone, which is more than the combined number of sites previously built from 2015 through 2018. The FCC also worked tirelessly to free up the airwaves needed to power these new cell sites. Indeed, the Commission has recently made more than six gigahertz of spectrum available for licensed 5G services in addition to thousands of megahertz of unlicensed spectrum. I am grateful for the chance to have led the FCC’s wireless infrastructure reforms over the past three years, and I hope that the Commission continues to advance the proven and successful approaches to infrastructure and spectrum that are now delivering results in communities across the country."
"We are in the middle of a pandemic," said FCC Commissioner Jessica Rosenworcel. "So much of modern life has migrated online. As a result, it has become painfully clear there are too many people in the United States who lack access to broadband. In fact, if this crisis has revealed anything, it is the hard truth that the digital divide is very real and very big. So it confounds logic that today the FCC decides to release a report that says that broadband is being deployed to all Americans in a reasonable and timely fashion. If you want evidence this is not right, it’s all around us. There are people sitting in parking lots using free Wi-Fi signals because they have no other way to get online. There are students who fall in the homework gap because the lack the high-speed service they need to participate in remote learning. There are mayors in towns across the country clamoring for better broadband so their communities have a fair shot at digital age success. Across the country there are state authorities developing new plans, maps, and initiatives at the behest of their residents. Then there’s Congress, which took its cues from all of this, and just passed legislation committing $7 billion to new nationwide broadband efforts—and more is likely to come. What I take from all of this activity is that the job is not done. There is progress. But we have not yet reached all Americans. We have real work to do before we can claim that 100% of this country has access to broadband service. I dissent"
FCC Commissioner Geoffrey Starks said, "Over the last two years, I have decried the unwarranted victory laps these reports seem to spawn. Now—as tens of millions of Americans find themselves unable to access online school, work, and healthcare during the pandemic—patting ourselves on the back is particularly unseemly. My views on the flaws in the data and analysis underlying this Report are well documented, and I will not repeat them here. But I am compelled to note that this Report should not have been released at all. After the election in November, congressional leaders wrote to Chairman Pai to demand that the Commission stop work on all partisan and controversial items during the presidential transition. This item is both. Nonetheless, Chairman Pai declined to withdraw the Report as Commissioner Rosenworcel and I requested. His rationale—that the Report has no legal significance—is plainly inconsistent with the Telecommunications Act, which directs the Commission to take “immediate action” if it determines that advanced telecommunications capability is not being deployed to all Americans on a reasonable and timely basis. That determination should have been left to the next administration, which could have addressed the question before the statutory deadline. For this reason and the substantive reasons I outlined at the Notice of Inquiry stage, I dissent."
FCC Establishes the Digital Opportunity Data Collection and Modernizes the FCC Form 477 Data Program
The Federal Communications Commission adopted additional rules for the Digital Opportunity Data Collection to help ensure that the FCC collects precise and accurate broadband deployment data in its mission to close the digital divide. The new rules specify which fixed and mobile broadband Internet access service providers are required to report availability and/or coverage data, and adopt requirements for reporting speed and latency for fixed technologies. The Order also requires fixed broadband Internet access providers to report whether broadband services are offered to residential and/or business customers. The Order creates standards for collecting broadband deployment data from state, local, and Tribal mapping entities; other federal agencies; and third parties. The Order sets up a process for providers to submit and respond to challenges to fixed and mobile coverage map data. Among other things, it would require mobile service providers to submit, on a case-by-case basis, either infrastructure information or on-the-ground test data as part of the FCC’s investigation and verification of a mobile service provider’s coverage data. This information will also be used to respond to challenges of mobile broadband coverage in a particular area. Mobile providers will be required to submit, for each 4G or 5G propagation map they submit, a set of heat maps showing the signal levels from each active cell site. The Order establishes standards for enforcing data collection requirements. The Order also sets a process for continuing the Form 477 data collection as the FCC transitions to the Digital Opportunity Data Collection.
Rep. Tim Walberg (R-MI), House Majority Whip James Clyburn (D-SC), Senator John Thune (R-SD), and Senator Amy Klobuchar (D-MN) led a bipartisan letter to Federal Communications Commission Chairman Ajit Pai and fellow commissioners regarding implementation of programs to help close the digital divide in rural America. With the recent completion of the Rural Digital Opportunity Fund (RDOF) auction, the letter urges the FCC to ensure recipients of broadband deployment funding can deliver on their commitments. In total, 157 Representatives and Senators joined Walberg on the letter. They wrote: "We urge the FCC to validate that each provider in fact has the technical, financial, managerial, operational skills, capabilities, and resources to deliver the services that they have pledged for every American they plan to serve regardless of the technology they use. We also strongly encourage the FCC to make as public as possible the status of its review and consider opportunities for public input on the applications. Such transparency and accountability will be essential to ensure the success of this program and to minimize any opportunities for fraud or abuse."
In August 2015, CenturyLink accepted Connect America Fund (CAF) Phase II support to deploy broadband service to over one million locations in thirty-three states. Using that support, CenturyLink has now enabled broadband service at speeds of at least 10/1 Mbps to more than 1.1 million customer locations in CAF II census blocks in those states. On a state-by-state basis, CenturyLink’s current year-end data reflect that it met or exceeded the program’s December 31, 2020 milestone in ten states. CenturyLink may not yet have reached the 100% deployment target in the other states. As required under Federal Communications Commission’s rules, CenturyLink provides notice that, based on its preliminary year-end data, it may not have met the CAF Phase II 100% deployment milestone in twenty-three states. Those states are Arkansas, Arizona, Colorado, Idaho, Illinois, Indiana, Iowa, Kansas, Louisiana, Michigan, Minnesota, Missouri, Montana, Nebraska, New Mexico, North Dakota, Ohio, Oregon, South Dakota, Utah, Virginia, Washington, and Wisconsin.
Social-media giants are under attack for censorship, but a few years ago they positioned themselves as champions of free speech. At issue was “net neutrality,” the Obama-era policy that treated internet service providers like Comcast and AT&T as common carriers—akin to the old Ma Bell monopoly—by prohibiting them from discriminating among content providers, including the social-media sites. Facebook and Twitter turned out to be more threatening than under threat. Broadband providers haven’t attempted to block content or competitors since the Federal Communications Commission repealed net neutrality. But social media, app stores and cloud providers, which were never subject to the rules, all have engaged in censorship repeatedly in recent weeks. FCC Chairman Ajit Pai’s deregulation encouraged broadband investment, which helps explain why carriers haven’t had to slow speeds amid increased user demand for bandwidth. Mr. Pai also required carriers to make public disclosures of their network-management practices, performance and commercial terms of service and asked the Federal Trade Commission to take action against those that engaged in anticompetitive or unfair and deceptive practices. All this has served consumers well.
[Finley is a member of the Journal’s editorial board]
The Federal Communications Commission denied a request to stay its unanimous decision to authorize Ligado Networks to deploy a low-power terrestrial nationwide network using portions of its licensed spectrum. A petition filed by the Department of Commerce’s National Telecommunications and Information Administration (NTIA) last May sought to delay the proceeding, but the FCC ruled that NTIA did not satisfy the requirements of a stay, in particular, the demonstration of an irreparable injury or a likelihood of success on the merits on its related petition for reconsideration of the Commission’s 2020 Order and Authorization.
In one of his first policy statements, new FCC Commissioner Nathan Simington said, "I do not share my colleague’s determination that Ligado will certainly succeed on the merits with respect to NTIA’s petition for reconsideration. In my view, such certainty is premature because interference criteria relating to device performance have not been conclusively addressed. As there is an opportunity for further testing, including performance-based testing, there remains the possibility of a showing that will greatly bolster the merits of NTIA’s petition for reconsideration. Such a showing would also allow the Commission to better evaluate the entire record in this proceeding, including the various other petitions for reconsideration that were filed. It is by doing so that we will adduce the best possible record in the service of disinterested policymaking in the public good."
Wireless carriers clearly believe their own press about 5G. And they are wagering a huge sum to prove it. The latest auction of wireless spectrum licenses by the Federal Communications Commission ended on January 15 with a total of $80.9 billion. Adding in an estimated $13 billion to $14 billion in clearing costs to help move satellite operators to new frequencies will bring the total bill for this latest auction to around $95 billion—roughly triple what many analysts had projected. All for the purpose of securing the necessary capacity for the latest standard of wireless networking known as 5G. AT&T and Verizon likely paid the most -- because they needed the most. Winning the licenses is one thing; paying for them is another.
There are quite a lot of places in the United States where there is no wired or wireless internet connection. The Federal Communications Commission is currently in the first phase of creating more accurate maps to identify these unserved areas. Even if there are macro wireless towers in a rural area, those towers provide service to smartphones. But they don’t help people connect their other devices such as laptops and smart TVs. T-Mobile and Verizon have recently announced that they’re piggy-backing on their existing LTE spectrum and macro towers to deliver LTE-based fixed wireless access.
The Supreme Court waded into a two-decade long debate over the extent to which the Federal Communications Commission can relax media ownership rules. At stake are recent FCC moves toward deregulation, allowing the common ownership of a newspaper and broadcast stations in the same market, as well as giving more leeway for media companies to own more than one TV and radio outlet in the same city. The dispute stretches back two decades, a few years after the FCC began a new, congressionally mandated requirement to regularly review its media ownership rules to determine whether they were still necessary in the public interest. The Third Circuit Court of Appeals has repeatedly rejected the FCC’s efforts to modify the rules, and most recently a 2017 effort to overhaul the ownership restrictions. The appeals court determined that that effort failed to adequate analyze the effect that the rule changes would have on women and minority ownership of broadcast stations.
Attorney Ruthanne Mary Deutsch was the lead counsel for a coalition of public interest groups, led by Prometheus Radio Project and including the Benton Institute for Broadband & Society, contends that the FCC has “historically considered the values of localism and five different types of diversity: ‘viewpoint, outlet, program, source, and minority and female ownership diversity.'” The groups wrote in a brief last month that the FCC majority, in relaxing the ownership limits, “justified its action based on an arbitrary analysis of the same facts: It asserted that wholesale deregulation would not harm this public-interest goal—even though any reasonable analysis of the record showed that past deregulation caused harm.”
As the nation grapples with the violent insurrection fueled by President Trump’s lies and divisive rhetoric, as well as a surging pandemic and economic upheaval, the local broadcast media’s job of providing communities with reliable news and information has never been more important. Communities deserve a diverse array of voices and perspectives in the media on critical issues such as economic and racial justice and investigative reporting that holds power accountable. Who owns and presents the media matters. It makes a world of difference when it comes to who appears on local television and who does not, what news is covered, and what issues are presented for our civic dialogue. Ownership by women and people of color means that they can control the narratives of their own stories. Industry advocates will tell you they must consolidate in order to provide the news and information that we all need. But consolidation has never increased the number of journalists on the street. On the contrary, consolidation is extinguishing the kind of journalism this nation needs in order to sustain our democracy. Our democracy will certainly continue to languish without a media landscape that fosters a diversity in the voices and perspectives that can only come from more diverse media ownership. These voices are essential to a flourishing self-government and achieving a media ecosystem that serves us all.
[Michael Copps is a former FCC commissioner and chairman. He serves as special advisor on Media & Democracy Reform at Common Cause. Gloria Tristani is a former FCC commissioner and state-wide elected New Mexico State Corporation commissioner.]
Ajit Pai’s four years atop the Federal Communications Commission outlasted many senior officials in the Trump administration where tenure was often measured in months. Some of that longevity owed to the independence of the commission, where Senate-confirmed officials are hard to remove during their terms. It also reflected Mr. Pai’s skill for navigating politically perilous rules for cellular networks, television broadcasters and big media mergers—topics about which the president often opined. “It’s very important for the FCC chair to maintain its independence because otherwise, instead of putting your finger on the problem, you’re putting your finger in the wind,” said Chairman Pai. “That’s not a good place to be for any independent leader.”
Federal Communications Commissioner Brendan Carr announced that Greg Watson has joined his office as Policy Advisor. Prior to joining Commissioner Carr’s office, Greg served as a Policy Advisor to the Chief Technology Officer of the United States in the White House Office of Science and Technology Policy where he led efforts to increase broadband access through the American Broadband Initiative. He was also involved with the Administration’s efforts to advance America’s leadership in 5G. Prior to his tenure at the White House, Greg was an advisor to Rep Steve Scalise (R-LA) and the House Commerce Committee where he handled a broad range of communications and technology issues. Before moving to Washington, DC, he was a campaign aide to Rep Fred Upton (R-MI). Greg is a graduate of East Carolina University, where he studied History and Political Science.
House Commerce Committee Chairman Frank Pallone, Jr. (D-NJ) announced the full Democratic rosters for each of the six subcommittees in the 117th Congress, including the six subcommittee chairs and the full Committee vice chair, who were elected by the Democrats on the Committee. The six subcommittees and their chairs are:
- Subcommittee on Communications and Technology – Chairman Mike Doyle (PA)
- Subcommittee on Consumer Protection and Commerce – Chair Jan Schakowsky (IL)
- Subcommittee on Energy – Chairman Bobby L. Rush (IL)
- Subcommittee on Environment and Climate Change – Chairman Paul D. Tonko (NY)
- Subcommittee on Health – Chairwoman Anna G. Eshoo (CA)
- Subcommittee on Oversight and Investigations – Chair Diana DeGette (CO)
The appointments will now need to be approved by the Democratic Steering and Policy Committee and the Democratic Caucus.
Committee Democrats also elected Rep. Robin Kelly (IL) as Vice Chair of the full Committee.
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) and Robbie McBeath (rmcbeath AT benton DOT org) — we welcome your comments.
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