Thursday, December 10, 2020
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Fiber to the Clubhouse: Pai Subsidizes Broadband for the Rich
Rural Digital Opportunity Fund Auction Ends but Confusion and Corruption May Just Be Beginning
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COVID Response

COVID-19 forced government to leave behind its offices, schools to close their doors and citizens to isolate themselves at home. In doing so, the insidious disease more than underlined the digital haves and have-nots, as a large segment of the American population has had to grapple with the demands of telework, distance learning and accessing online services. State leaders, no matter their political affiliation, acknowledged the digital divide more than ever before in 2020, as evidenced by the sheer number of governors who talked about Internet access in their State of the State addresses. The overwhelming message in these speeches was that broadband expansion must be a priority in these unprecedented times — and this was before the pandemic brought access issues into even sharper relief. Many governors asked lawmakers to set aside millions of dollars to establish better connectivity. Perhaps Virginia Gov. Ralph Northam put it best when he said high-speed Internet “has become an economic necessity.” Indeed, as 2020 progressed, states took different steps to facilitate more broadband. Mississippi awarded $65 million of its CARES Act money to electric cooperatives working on fiber buildouts, Indiana dedicated $51 million to its Next Level Connections Broadband Grant Program and Delaware is using $20 million of its CARES Act funding to address multiple digital equity concerns. Moreover, several states, including Alabama and Washington, began conducting surveys to gauge broadband levels within their borders. Continued action at the state level is likely, though the funding picture going into 2021 means the work will depend on additional federal support.

I am honored to join you for this kickoff in recognition of Multicultural Media, Telecom and Internet Council’s (MMTC) thirty-five years of serving as a leading voice for communities of color and other marginalized groups, and working to achieve equity and inclusion in the Tech, Media, and Telecom industries. As noted by the late Congressman John Lewis: “Access to the internet ... is the civil
rights issue of the 21st century.” Digital equity requires connectivity, and we know that our communities have suffered from longstanding connectivity inequities that fall along racial, income, and geographic lines. Remedying those inequities is our shared cause and mission. I have worked tirelessly—alongside many here today in our community, including Majority Whip Jim Clyburn (D-SC)—to bring about change to the structures and policies that have for decades kept us from closing the digital divide.

The Pai Federal Communications Commission took a victory lap when it announced the results of a $9.2-billion reverse auction that is supposed to bring broadband to over 5.2 million unserved homes and businesses. This Universal Service Fund (USF) effort, the Rural Digital Opportunity Fund (RDOF), is a continuation of the broadband reforms to the USF started by the Obama-era FCC. Announcing the winning bidders, Chairman Pai said:
I’m thrilled with the incredible success of this auction, which brings welcome news to millions of unconnected rural Americans who for too long have been on the wrong side of the digital divide . . . We aimed for maximum leverage of taxpayer dollars and for networks that would meet consumers’ increasing broadband needs, and the results show that our strategy worked. This auction was the single largest step ever taken to bridge the digital divide and is another key success for the Commission in its ongoing commitment to universal service.
Did the Pai FCC get it right? Is this $9.2 billion in ratepayer dollars being allocated in the most efficient way possible? Is this funding solely helping to bring broadband to people living in “unconnected rural” areas? Is Pai’s closing effort here even a success on his own terms?

The Federal Communications Commission's Rural Digital Opportunity Fund (RDOF) auction results are a puzzle. The auction resulted in far more gigabit networks -- 85% of locations -- than anyone expected, at far lower subsidy than expected. However, there is a lot of frustration and confusion because it is not clear that some of the top bidders can deliver. NTCA - The Rural Broadband Association shared my original enthusiasm for RDOF and our concerns -- best articulated over the years by Jon Chambers from Conexon -- that the FCC was going to blow this auction by not ensuring those who bid had the capacity to deliver on the promised level of service. Doug Dawson, President of CCG Consulting, has addressed this in the greatest detail so far, arguing that this “means the FCC believes that fixed wireless technology is the functional equivalent of fiber” even though the underlying point-to-multipoint architecture “can’t be used to deliver giant bandwidth to more than a few customers -- and it’s not really designed to deliver gigabit download, and certainly not a symmetrical gigabit.” The result? “By allowing WISPS to claim gigabit capabilities, the FCC cheated huge numbers of people out of getting fiber.”

The US Department of Agriculture should pursue full access to broadband service in rural America, said Mike Espy, Dan Glickman, and Ann Veneman, three former agriculture secretaries. “This whole issue of rural broadband, everybody talks about (it), but nothing seems to happen,” said Dan Glickman, who called for a project, similar to building the interstate highway system, to make high-speed internet service available nationwide as soon as possible. The pandemic, by shifting school and work online, amplified the need for service everywhere, he said. “There are big areas of urban America that don’t have broadband but it impacts rural America much more… It’s the best thing we can do for rural development.” Veneman and Espy also urged expansion of rural broadband.

About 600,000 Virginians, mostly in Southwest, Southside and the Tidewater areas, lack access to broadband. Even where some theoretically have access to it, they can’t afford it. And Virginia doesn’t currently have a plan to address affordability. “The affordability problem remains out there, and it’s significant,” Evan Feinman, the governor’s chief broadband adviser, told the Virginia Broadband Advisory Council. “It is something we’re going to need to address if we’re going to truly claim to have addressed the digital divide.” Virginia has mainly focused on laying the infrastructure necessary to connect homes and businesses to broadband.

The Mesa, Arizona community is taking major steps to bridge the digital divide for residents across their community. Although Arizona has begun to see a decline in their COVID-19 cases, the municipal government, school district, and community leaders continue to take decisive action to ensure that every household has access to technology and the internet for as long as stay at home orders remain in place. Mesa’s specific focus on their student population is a method adopted by many communities across the country. This vehicle, as opposed to a focus on other populations, allows the issue to become relevant for a wider spread of community members by activating an appeal to parents, educators, and those concerned about the future workforce. Notably, the work being done in Mesa reveals the untapped power of municipal governments and school districts working in concert to develop comprehensive connectivity plans. When Mesa received federal funding from the CARES Act, they could have acted to bolster city services, but instead recognized greater investment potential in the school system.

Across New Mexico, school districts and local governments are adapting to a new normal by supporting students and young adults preparing to enter the workforce. While officials have been working to close the digital divide for years, additional funding from the CARES Act and state resources are allowing Albuquerque officials to pursue innovative solutions that can close the divide with greater efficiency. These goals are not being achieved strictly through the government’s work. Instead, municipal leaders identified key community partners who are experts at equipping residents with both technology and digital resources.
Albuquerque GigaPoP is an example of the local-level partnerships that provide necessary infrastructure and network support, the bedrock of a connected community. As these partnerships become available, Cultivating Coders, Albuquerque Public Schools, and other community partners are stepping in to complete the mission. The 2020- 2021 school year will be pivotal for Albuquerque officials to measure progress on digital inclusion, ensuring that students do not fall behind, and preparing their local economy for both recovery and the future.

The Federal Trade Commission and 48 state attorneys general filed wide-ranging antitrust lawsuits against Facebook, setting the stage for a potential breakup of the social-networking giant over charges it engaged in illegal, anti-competitive tactics to buy, bully or kill its rivals. The twin lawsuits filed in federal district court chiefly challenge Facebook’s past acquisition of two companies: Instagram, a photo-sharing tool, and WhatsApp, a messaging service. Federal and state investigators allege the deals ultimately helped solidify Facebook as a dominant digital juggernaut with the power to weaponize its data to ensure no other company could catch up — leaving web users with few quality, privacy-protective social-networking alternatives.
The lawsuits together represent the most significant political and legal threats to Facebook in its roughly 17-year history, setting the stage for a high-profile clash between US regulators and Silicon Valley that could take years to resolve. Antitrust regulators explicitly asked a court to consider forcing Facebook to sell off Instagram and WhatsApp to remedy their competition concerns, seeking a wide array of legal relief to constrain Facebook’s further expansion. The Federal Trade Commission, led by Republican Chairman Joe Simons, brought its lawsuit in a Washington, DC district court alleging Facebook engaged in “illegal monopolization.” Letitia James, the Democratic attorney general of New York, led her Democratic and Republican counterparts from dozens of states and territories in filing their complaint in the same venue.

To understand and quantify the pattern and magnitude of the pandemic’s effect on young students, this research brief examines the digital divide in virtual learning by analyzing survey data from the U.S. Census Bureau. The major findings include:
- At the state level, the pandemic digital divide mirrors the technological gap prior to COVID-19, revealing that systematic inequalities are being reproduced across time.
- Limited technological access persists during the Fall 2020 semester, but is less severe than the Spring 2020 semester, indicating that schools have been better able to adapt to new realities.
- The problem has increased in recent weeks, due perhaps to re-closing as some schools respond to coronavirus infections.
- Inaccessibility is associated with fewer virtual contacts with teachers and fewer hours spent on learning and studying.
- During the Fall 2020 semester, racial inequality is significant, with African Americans and Hispanics being 1.3 to 1.4 times as likely to experience limited accessibility as non-Hispanic Whites.
- Low-income households are most impacted by unavailability, with over two-in-five households having limited access to a computer or the internet.
- The lack of access to technology is tied to parents’ educational attainment, affecting nearly two in five households where the respondents have no more than a high school education.
- Students in younger households are most likely to experience technological barriers.

Apple and Google will ban the data broker X-Mode Social from collecting any location information drawn from mobile devices running their operating systems in the wake of revelations about the company’s national-security work. The two largest mobile-phone platforms told developers that they must remove X-Mode’s tracking software from any app present in their app stores or risk losing access to any phones running Apple’s or Google’s mobile operating systems. Both Apple and Google disclosed their decision to ban X-Mode to investigators working for Sen. Ron Wyden (D-OR), who has been conducting an investigation into the sale of location data to government entities. Google said developers had seven days to remove X-Mode or face a ban from Google’s Play store, adding that some developers could ask for an extension of up to 30 days. An Apple representative confirmed that the company had given developers notice that they had two weeks to remove X-Mode’s trackers.

The Trump appointee who runs the government's overseas broadcasters reassigned the head of the Voice of America as part of a broad effort to install supporters of the president before the Biden administration comes to power. US Agency for Global Media CEO Michael Pack is intending to name as VOA director Robert Reilly, an outspoken conservative ally who briefly served in the job under President George W. Bush nearly two decades ago. Pack informed acting director Elez Biberaj of his ouster at his routinely scheduled noon meeting. Biberaj, rather than resigning or retiring, will return to his prior job as head of the Eurasia desk, one of six large regions covered by the global network.

The following items have been deleted from the list of items scheduled for consideration at the Dec 10, 2020 Federal Communications Commission Open Meeting. Items 6 and 8 have been released by the FCC. Items 7, 8 and 10 have been adopted.
6. Florida Community Radio, Inc., Construction Permit for Proposed NCE Station DWRBD (FM), Horseshoe Beach, Florida: The FCC will consider a licensing matter.
7. Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991; Broadnet Teleservices LLC Petition for Declaratory Ruling; National Consumer Law Center Petition for Reconsideration and Request for Stay Pending Reconsideration of Broadnet Teleservices LLC Petition for Declaratory Ruling; Professional Services Council Petition for Reconsideration of Broadnet Teleservices LLC Petition for Declaratory Ruling (CG Docket No. 02-278): The FCC will consider an Order on Reconsideration of its previous interpretation of the Telephone Consumer Protection Act that permitted certain government and government contractor calls without consumers’ prior express consent.
8. Implementing Section 10(a) of the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (TRACED Act) (EB Docket No. 20-374): The FCC will consider a Notice of Proposed Rulemaking that would begin the process of implementing section 10(a) of the TRACED Act, which directs the FCC, no later than June 30, 2021, to “prescribe regulations to establish a process that streamlines the ways in which a private entity may voluntarily share with the Commission information relating” to violations of section 227(b) or 227(e) of the Communications Act.
9. Modernizing the E-Rate Program for Schools and Libraries (WC Docket No. 13-184): The FCC will consider an Order that would amend the invoice filing deadline rule to enhance the efficient administration of the E-Rate Program and ensure program participants have sufficient time to complete the invoice payment process.
10. Amendment of Part 1 of the Commission’s Rules (MD Docket No. 20-64): The FCC will consider an Order that would modify its rules to require the electronic payment of fees for activities delegated to the FCC’s Media Bureau.

I think it is safe to say that terrestrial broadcasting in India is at pivotal point in time. With the ongoing digital transition and historically underutilized broadcast spectrum, India has an opportunity to take a giant leap forward and embrace the cutting edge of broadcast technology, namely ATSC 3.0. Because it is an IP-based standard that is aligned with 3GPP specifications, it is ready made for the evolving wireless marketplace. This new technology presents a terrific opportunity for broadcasters to enhance their traditional over-the-air services, while simultaneously offering next generation wireless services, such as 5G broadcasting.
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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