Friday, December 18, 2020
Headlines Daily Digest
Broadband Lessons Learned in 2020
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In 2021, We Need to Fix America's Internet
The FCC’s Program to Discount Educational Internet Connections Needs an Upgrade
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Broadband/Internet
2020 is not a year we'll want to remember, but it is also a year we'll never forget. For advocates of universal, open, affordable broadband, the tragedies that unfolded this year only increased our resolve: everyone needs to be able to use High-Performance Broadband to survive and thrive in the 21st century. We can't wait any longer to make universal broadband a reality. We need a national agenda to fill the gaps for those who can't yet access the most important communications technology of our time. In 2020, the Benton Institute for Broadband & Society released a number of reports with a common goal: to help us better identify the divides that prevent too many from making use of the infrastructure of opportunity, which plays such a vital role in building strong communities.
By its own motion, the Federal Communications Commission waived its rules to allow rate-of-return carriers (i.e. a telephone company that provided local service prior to the Telecommunications Act of 1996 which owns most of the local loops and facilities in a serving area) to include their actual rates for consumer broadband-only lines for the first three months of 2019 on their FCC Form 509, rather than imputing revenues based on the maximum rate that would have been assessable. The FCC has twice previously granted a waiver of this rule, in part because imputing revenues based on these maximum rates would have the effect of significantly overstating the revenues for many carriers, causing a significant reduction in universal service support.
Nearly $30 million will go to fund 18 broadband infrastructure projects with a goal of connecting 15,965 households and 703 businesses in rural North Carolina to high-speed internet, Governor Cooper announced. The grants are part of the 2020 Special Supplementary Round of the Growing Rural Economies with Access to Technology (GREAT) Grant program and will be distributed through the NC Department of Information Technology (NCDIT) Broadband Infrastructure Office (BIO). The GREAT program provides matching grants to internet service providers and electric membership cooperatives that compete for funding to expand high-speed internet service. For this special supplementary round, projects in Tier 1, Tier 2 and rural census tracts of Tier 3 counties were eligible.
The town of Bar Harbor, Maine, is planning a $750,000 project to connect fiber optic cable to town-owned properties so its staff can have broadband internet access at work. The town has such access now but will have to start paying $45,000 a year to Charter Communications to continue using the company’s fiber network infrastructure because of an expiring agreement that has allowed the town to use the fiber at no cost beyond what it pays its internet service providers. The town pays currently approximately $4,500 per year for internet access. Instead of paying $45,000 annually to lease fiber from Charter, the town instead could put that money toward developing its own fiber-optic network that would connect to all of the town’s roughly two dozen buildings. The projected cost of building the network would be around $750,000, but the town’s expenses in building and maintaining the network likely would be significantly less if it finds cost efficiencies and entities that could lease unused fiber from the town. Those specific cost savings to the town would become more apparent after the town puts out a request for proposals, likely in the latter half of 2021, members of the committee said.
Across the country, the Federal Communications Commission and internet service providers are pretending there’s competition in an unimaginable number of places where it doesn’t actually exist. We consistently pay more than Europe regardless of speed, according to a fascinating, approachable study you should read from the New America think tank. In fact, we pay roughly double that of Europe at the 100Mbps and 1,000Mbps tiers, and eight to 17 times more to rent a modem on average than Asia and Europe do, respectively. Only one US city cracked the top ten in affordability but only because it had an ace up its sleeve: a municipal fiber-optic network erected by the city itself, where ISPs provide their services across fiber that the residents themselves own. Those sorts of municipal networks create competition that simply doesn’t exist in many places in the US because it wasn’t designed to exist. In places that do erect municipal networks, New America shows that both speed and affordability far outpace the rest of the US. That’s why it’s a real shame many states (and telecom lobbyists) have erected roadblocks to keep those municipal networks from spreading. We need competition. We need accurate maps to clearly see just how little competition there actually is, and we need to change the laws to let citizens fed up with being unserved and underserved build their own networks instead. We need those maps to show how much people actually pay. We need to stop pouring taxpayer money into hugely profitable telecoms that claim they’ll build out internet access, since they’ve found they can often just straight-up lie or wait to be sued instead of fulfilling their obligations.
Although the digital divide didn’t start with COVID-19, the pandemic has put into stark relief the need to bridge this divide once and for all. The solution—providing tens of millions of Americans with high-speed, reliable broadband—might seem like a daunting task. But our research has found that Colorado and other states are leading the way in connecting communities to high-speed, reliable internet. States will be key to completing the job of expanding access to broadband; they play a critical and often overlooked role in shaping the way broadband reaches our doorsteps and enables stakeholders from the public and private sectors to participate in connectivity efforts. State governments recognize that a single policy or a one-time funding initiative is not enough to get their citizens online. So, they are creating policies and programs that reinforce each other and will help reach the goals that are necessary to fully deploy broadband. For example, state legislatures have passed complementary policies that set service speed targets, set up funding and financing mechanisms, designate who can provide service, and regulate access to the infrastructure that providers need to build and operate networks. These policies create and support the work of state broadband programs. States also have the tools and expertise already in place—including dedicated staff—to help local stakeholders overcome the barriers to internet access.
[Anna Read is an officer with The Pew Charitable Trusts’ broadband research initiative]
Senators Shelley Moore Capito (R-WV) and Amy Klobuchar (D-MN), both members of the Senate Commerce Committee, introduced the Every Child Connected Act—legislation that aims to reduce the digital divide between students with and without internet access, known as the Homework Gap. Specifically, the legislation accomplishes this goal by targeting available funding sources from Federal Trade Commission data privacy violations to provide vital connectivity to American students at home. The Every Child Connected Act would:
- Requires the Federal Communications Commission to redefine the term classroom to include distance learning occurring at the home.
- Redirects funding captured by Section 5 of the FTC act and consent orders from privacy violations at the FTC to the FCC E-Rate program.
- Requires coordination among state and local municipalities and the Department of Education to assure E-Rate is utilized for distance learning taking place at the home.
One of the first priorities of 2021 should be to enable schools and libraries to use E-Rate to help students and patrons get online from home. To support these extensions is to uphold the program’s founding principles of universal service and access. So what is the hold up? For one, Congress can barely figure out how to pass its annual appropriations bills. Although there is a chance that E-Rate changes could come in the final push for COVID-19 relief legislation, relying on lawmakers typically means waiting, and waiting, and waiting. To move more quickly, change could come from within the Federal Communications Commission. But even though education groups and digital inclusion organizations have been pleading with the FCC all year to make these changes, the agency hasn’t budged.
Taking steps to modernize E-Rate could and should come in the very first days of the Biden administration. Let’s stop getting stuck in a 1996 model of how schools and libraries operate. Students who are struggling to get online deserve better. FCC policies should recognize and support what learning looks like today, not stifle it.
[Lisa Guernsey is deputy director of education policy and director of the Learning Technologies Project at New America.]
More than 30 states added to Google’s mushrooming legal woes, accusing the company of illegally arranging its search results to push out smaller rivals. The bipartisan group of state prosecutors said in a lawsuit that Google downplayed websites that let users search for information in specialized areas like home repair services and travel reviews. The prosecutors also accused the company of using exclusive deals with phone makers like Apple to prioritize Google’s search service over rivals like Firefox and DuckDuckGo. That suppression, the states said in their lawsuit, has locked in Google’s nearly 90 percent market dominance in search and has made it impossible for the smaller companies to grow into formidable competitors. Google has sought to extend that dominance to new venues like home voice assistants, said the prosecutors, from states including Colorado, Nebraska, New York, and Utah. The prosecutors filed the lawsuit in the US District Court of the District of Columbia and asked the court to combine it with one filed by the Justice Department in October, which includes similar accusations. If the court combines the suits, it will expand the scope of the federal case to include a much wider array of accusations about Google’s search business. The multiple cases could take years to resolve.
Security
Federal investigators find evidence of previously unknown tactics used to penetrate government networks
Federal investigators reported on evidence of previously unknown tactics for penetrating government computer networks, a development that underscores the disastrous reach of Russia’s recent intrusions and the logistical nightmare facing federal officials trying to purge intruders from key systems. While many details remained unclear, the revelation about new modes of attack raises fresh questions about the access that Russian hackers were able to gain in government and corporate systems worldwide.
The House Democratic Steering and Policy Committee recommended the appointment of Representatives Angie Craig (D-MN), Lizzie Fletcher (D-TX), Kathleen Rice (D-NY), Kim Schrier (D-WA), and Lori Trahan (D-MA) to the Commerce Committee for the 117th Congress.
Rep Greg Walden (R-OR), one of the most influential conservative figures in the technology and telecommunications policy landscape, is set to retire from Congress. He pushed back on GOP-led calls for the Federal Communications Commission to step in on Section 230, even as FCC Chairman Ajit Pai faces pressure to do so before he leaves the agencyin January: “I'm not so sure that I want the FCC in the middle of all of this,” Rep Walden said. “Even if some think they have the authority, I'm not convinced that's the case. And I'm not sure they're the right agency to be in the middle of speech police.” Walden said talk of amending Section 230 “needs to be hammered out in the halls of Congress.” He doesn’t think a Biden White House will re-energize data privacy talks. “This was the time to do it with the president that would have signed a balance [bill] into the law,” Rep Walden said. “I don't think that President-elect [Joe] Biden will be as interested in that.” Rep Walden argued that the way to break the partisan impasse on the issue is “by coming up the middle” politically, and perhaps by tapping the bipartisan Problem Solvers Caucus.
What's next? While Rep Walden said he’d like to “stay involved” in some of the key telecom and tech issues he’s worked on, he also name-checked energy and health care as two other sectors that intrigue him. “I'm genetically predisposed to telecom given my father started in the original wireless business in the 1930s,” he said. “So that's always been a passion, but I also enjoy these other issues a lot.”
Stories From Abroad
European Commission clears acquisition of Fitbit by Google, subject to conditions
The European Commission has approved, under the EU Merger Regulation, the acquisition of Fitbit by Google. The approval is conditional on full compliance with a commitments package offered by Google. The decision follows an in-depth investigation of the proposed transaction, which combines Google's and Fitbit's complementary activities. Fitbit has a limited market share in Europe in the fast-growing smartwatch segment where many larger competitors are present, such as Apple, Garmin and Samsung. The proposed transaction leads to very limited horizontal overlaps between the activities of Google and Fitbit. The Commission's investigation focused on the data collected via Fitbit's wearable devices and the interoperability of wearable devices with Google's Android operating system for smartphones.
To address the Commission's competition concerns, Google offered the following commitments.
Ads Commitment:
- Google will not use for Google Ads the health and wellness data collected from wrist-worn wearable devices and other Fitbit devices of users in the EEA, including search advertising, display advertising, and advertising intermediation products. This refers also to data collected via sensors (including GPS) as well as manually inserted data.
- Google will maintain a technical separation of the relevant Fitbit's user data. The data will be stored in a “data silo” which will be separate from any other Google data that is used for advertising.
- Google will ensure that European Economic Area (‘EEA') users will have an effective choice to grant or deny the use of health and wellness data stored in their Google Account or Fitbit Account by other Google services (such as Google Search, Google Maps, Google Assistant, and YouTube).
Web API Access Commitment:
- Google will maintain access to users' health and fitness data to software applications through the Fitbit Web API, without charging for access and subject to user consent.
Android APIs Commitment:
- Google will continue to license for free to Android original equipment manufacturers (OEMs) those public APIs covering all current core functionalities that wrist-worn devices need to interoperate with an Android smartphone. Such core functionalities include but are not limited to, connecting via Bluetooth to an Android smartphone, accessing the smartphone's camera or its GPS. To ensure that this commitment is future-proof, any improvements of those functionalities and relevant updates are also covered.
- It is not possible for Google to circumvent the Android API commitment by duplicating the core interoperability APIs outside the Android Open Source Project (AOSP). This is because, according to the commitments, Google has to keep the functionalities afforded by the core interoperability APIs, including any improvements related to the functionalities, in open-source code in the future. Any improvements to the functionalities of these core interoperability APIs (including if ever they were made available to Fitbit via a private API) also need to be developed in AOSP and offered in open-source code to Fitbit's competitors.
- To ensure that wearable device OEMs have also access to future functionalities, Google will grant these OEMs access to all Android APIs that it will make available to Android smartphone app developers including those APIs that are part of Google Mobile Services (GMS), a collection of proprietary Google apps that is not a part of the Android Open Source Project.
- Google also will not circumvent the Android API commitment by degrading users experience with third party wrist-worn devices through the display of warnings, error messages or permission requests in a discriminatory way or by imposing on wrist-worn devices OEMs discriminatory conditions on the access of their companion app to the Google Play Store.
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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