Daily Digest 12/18/2023 (ACP)

Benton Institute for Broadband & Society
Table of Contents

Digital Equity

Republicans Raise Serious Concerns About the FCC’s Management of the ACP  |  Read below  |  Sen John Thune (R-SD), Sen Ted Cruz (R-TX), Chair Cathy McMorris Rodgers (R-WA), Chairman Bob Latta (R-OH)  |  Letter  |  US Senate
Results of 2024 Urban Rate Survey  |  Read below  |  Public Notice  |  Federal Communications Commission
Benton Foundation
ACP Uptake is Strongest in Places Where It's Needed Most  |  Read below  |  John Horrigan  |  Analysis  |  Benton Institute for Broadband & Society
ALA to Launch New Digital Inclusion Working Group for Library Workers  |  Read below  |  Press Release  |  American Library Association
Benton Foundation
Researching Digital Equity: With People, For People  |  Read below  |  Revati Prasad, Erezi Ogbo  |  Analysis  |  Benton Institute for Broadband & Society

Broadband Funding

Third Court Upholds Legality of Universal Service Fund  |  Read below  |  John Eggerton  |  Next TV, telecompetitor
Biden-Harris Administration Approves Louisiana’s “Internet for All” Initial Proposal  |  Read below  |  Press Release  |  National Telecommunications and Information Administration
First State BEAD Plan Approved in Louisiana  |  Read below  |  Jake Vern  |  Analysis  |  Pew Charitable Trusts
Benton Foundation
Benton Institute Salutes Louisiana's Broadband Leadership  |  Read below  |  Adrianne Furniss  |  Press Release  |  Benton Institute for Broadband & Society
Commerce Commits to Work and Coordinate with Tribes to Support Economic Growth at the White House Tribal Nations Summit  |  Read below  |  Press Release  |  Department of Commerce

Final Eligible Services List for E-Rate Funding Year 2024  |  Federal Communications Commission

Quantifying the Impacts of Regulation  |  Read below  |  Doug Dawson  |  Analysis  |  CCG Consulting


Benton Foundation
Oregon's Plan for Meaningful Broadband Access  |  Read below  |  Grace Tepper  |  Analysis  |  Benton Institute for Broadband & Society
How Many Material Facts are Missing from the Massachusetts, New York, New Jersey and Pennsylvania 5-year Broadband Plan?  |  Irregulators
Surf Internet Goes Live in Lake Village and Kouts Indiana, Connects First Customers  |  Surf Internet

Net Neutrality

Federal Communications Commission’s Net Neutrality Docket Bulges With Initial Deadline Input  |  Read below  |  John Eggerton  |  Next TV
Free Press Calls on the FCC to Prioritize a Public-Interest Internet by Restoring Title II Oversight and Safeguarding Net Neutrality  |  Summary at Benton.org  |  S Derek Turner, Matthew Wood, Joshua Stager  |  Analysis  |  Free Press
OTI Urges FCC to Restore Authority to Hold ISPs Accountable and Update Rules  |  Summary at Benton.org  |  Michael Calabrese, Raza Panjwani, Sarah Forland, Claire Park  |  Analysis  |  NewAmerica
TPI Scholars Argue Classifying Broadband Providers Under Title II is Unnecessary and Potentially Harmful  |  Summary at Benton.org  |  Scott Wallsten, Sarah Oh Lam, Thomas Lenard  |  Analysis  |  Technology Policy Institute
NTCA Comments on Net Neutrality Proposal  |  Summary at Benton.org  |  Michael Romano, Joshua Seidemann, Brian Ford, Tamber Ray  |  Analysis  |  NTCA–The Rural Broadband Association

Prisons & Communications

The Robber Barons of Prison Tech  |  Read below  |  Nitish Pahwa  |  Slate
For Years, Prison Life Was Isolated From Tech. Now Tech Is Beginning to Define It.  |  Read below  |  Mia Armstrong-Lopez  |  Slate
My Girlfriend and I Used to Rely on Weekly Letters to Communicate. Then, “Texting” Came to My Prison.  |  Slate
What 24 Hours Looks Like in Three Prisons  |  Slate

Artificial Intelligence

The rise of AI fake news is creating a ‘misinformation superspreader’  |  Washington Post
States are lagging in tackling political deepfakes, leaving potential threats unchecked heading into 2024  |  NBC
AI Is Ravenous for Energy. Can It Be Satisfied?  |  Wall Street Journal
5 questions about artificial intelligence, answered  |  Washington Post
How Microsoft’s multibillion-dollar alliance with OpenAI really works  |  Financial Times


Elon Musk told lenders they would not lose money on Twitter deal  |  Financial Times
Twitch immediately rescinds its artistic content policy  |  Vox


Commissioner Starks, 27 Members of Congress Call for Reinstatement of Broadcast Workforce Diversity Reporting  |  Federal Communications Commission


Digital Lending Doesn't Infringe Book Publishers' Copyright, Internet Archive Argues  |  Media Post

How We Live Now

For the lonely, technology offers friendship — at a price  |  Washington Post

Stories From Abroad

European Commission opens formal proceedings against X under the Digital Services Act  |  European Commission
Why is everyone asking Alexa to insult them?  |  Guardian, The


5 questions for Matt Stoller  |  Politico
Today's Top Stories

Digital Equity

Republicans Raise Serious Concerns About the FCC’s Management of the ACP

Sen John Thune (R-SD), Sen Ted Cruz (R-TX), Chair Cathy McMorris Rodgers (R-WA), Chairman Bob Latta (R-OH)  |  Letter  |  US Senate

We write asking you to clarify your recent congressional testimony regarding the Federal Communications Commission’s Affordable Connectivity Program (ACP). At a hearing before the House Energy and Commerce Committee on November 30, 2023, you asserted—without evidence and contrary to the FCC’s own data—that “25 million households” would be “unplug[ged]…from the internet” if Congress does not provide new funding for the ACP. This is not true. As Congress considers the future of taxpayer broadband subsidies, we ask you to correct the hearing record and make public accurate information about the ACP. As lawmakers with oversight responsibility over the ACP, we have raised concerns, shared by the FCC Inspector General, regarding the program’s effectiveness in connecting non-subscribers to the internet. While you have repeatedly claimed that the ACP is necessary for connecting participating households to the internet, it appears the vast majority of tax dollars have gone to households that already had broadband prior to the subsidy.  According to your testimony, the Universal Service Administrative Company (USAC) found that only “20 or 22 percent” of ACP recipients lacked broadband prior to the ACP.  Previous FCC surveys have found the number of non-subscribers served by the program to be even lower at 16 percent. The program’s record of targeting taxpayer subsidies to consumers who already had broadband is further apparent in the FCC’s enrollment numbers: The number of households in the ACP—approximately 22 million—far exceeds the 16 million unconnected households according to 2021 Census data. We ask you to supplement your testimony from November 30, 2023, with the correct information about the number of Americans that will “lose” broadband if the ACP does not receive additional funds, and correct the hearing record accordingly by January 5, 2024. Additionally, we request that you provide the following information by January 5, 2024.

  1. A description of efforts by the FCC to prepare for a potential lapse in ACP funding, including the agency’s communications with participating providers regarding their plans to notify consumers;
  2. Whether the FCC has continued to support the expansion of ACP enrollment, including by encouraging providers to expand enrollment, since August 2023;
  3. A list of efforts by the FCC to identify low-income households that do not already subscribe to broadband service;
  4. Why the FCC has not yet published data on the number of households enrolled through a provider’s existing low-income program, as required by the ACP implementation order, and when it plans to do so;
  5. Whether the FCC has collected and analyzed information about low-income households that currently lack broadband subscriptions to determine why those households do not purchase broadband;
  6. Data that the FCC is collecting to measure progress towards achieving the goal of connecting households that were previously not subscribed to broadband, and how the FCC is using that data to measure progress towards that goal;
  7. A list of efforts by the FCC to target ACP funds to households that previously lacked broadband subscriptions, rather than those that already had broadband, amid a potential lapse in funding;
  8. A description of how the FCC has prioritized the ACP Outreach Grant Program applications that target unserved low-income households, as required by the ACP Outreach Grant Program implementation order;
  9. A list of efforts by the FCC to measure the performance of ACP with respect to broadband adoption, as urged by the 2021 Grant Thornton Lifeline Report, and a description of the extent to which such efforts distinguish the respective effects of ACP and Lifeline; and
  10. Enumeration of all expenses covered by the two percent of total ACP funding that the FCC reserved for administration costs.

Results of 2024 Urban Rate Survey

Public Notice  |  Federal Communications Commission

The Federal Communications Commission's Wireline Competition Bureau (Bureau) and the Office of Economics and Analytics (Office) announced the 2024 reasonable comparability benchmarks for fixed voice and broadband services for eligible telecommunications carriers (ETCs) that are subject to broadband public interest obligations. These ETCs include incumbent local exchange rate-of-return carriers, Rural Broadband Experiment providers, CAF Phase II Auction (Auction 903) winners, Rural Digital Opportunity Fund Auction (Auction 904) winners, and Enhanced A-CAM providers.  In addition, the FCC announced the posting of the fixed voice and broadband services data collected in the most recent urban rate survey, and explanatory notes regarding the data, on the FCC’s website at https://www.fcc.gov/economics-analytics/industry-analysis-division/urban....  The Bureau and Office also announced the required minimum usage allowance for ETCs subject to public interest obligations for fixed broadband.

  • Based on the survey results, the 2024 urban average monthly rate is $34.27
  • The rate for 25/3 unlimited broadband is $87.83
  • 100/20 unlimited is $92.26

ACP Uptake is Strongest in Places Where It's Needed Most

John Horrigan  |  Analysis  |  Benton Institute for Broadband & Society

Earlier this month, we released an updated version of the Affordable Connectivity Program Enrollment Performance Tool, with data current through October 2023, the most recent dataset the Universal Service Administrative Company (USAC) has posted on ACP enrollment. The downloadable USAC dataset shows that 21.6 million households had enrolled in the program through October 2023. The updated tool has a new feature that is likely to be helpful to many stakeholders—the inclusion of selected past enrollment numbers for each zip code. The tool will display the actual number of ACP subscribers for October 2023 as well as the predicted number (per the results of the tool’s underlying model). Additionally, the results for each zip code will include actual ACP enrollment levels for April 2023, December 2022, July 2022, and January 2022. Users interested in looking at trends in enrollment for particular zip codes will now have the data to do so. Two takeaways from the tool’s statistical analysis pertain to the enrollment dynamics in very low-income areas and rural America. As noted in analysis presented at the Telecommunications Policy Research Conference in September, there is a positive correlation between zip codes with a high share of households whose annual incomes are $15,000 or less and ACP enrollment. That finding controls for eligibility, population density, and other socio-economic indicators. This suggests there is a social dimension to enrolling in ACP, that is, even when taking eligibility criteria into account, places with a concentration of very low-income households are more likely to sign up for ACP. Word-of-mouth, it seems, is at play in places where lots of low-income people live and this helps foster a willingness to use the benefit. Rural areas also have greater-than-expected enrollment. Actual ACP enrollment exceeds expectations by 5% in rural America and overall enrollment (as a share of all households) is about the same in rural America as it is elsewhere. Some 16% of rural households have enrolled in ACP compared with 17 percent elsewhere.

ALA to Launch New Digital Inclusion Working Group for Library Workers

Press Release  |  American Library Association

The American Library Association (ALA) Public Policy and Advocacy Office and the National Digital Inclusion Alliance (NDIA) announced a new Digital Inclusion Working Group for library workers to exchange knowledge around digital equity work taking place in all library contexts. The working group will meet monthly, facilitated by PPA staff members Megan Janicki and Emily Durkin. Meeting topics will be driven by the digital inclusion discussion generated in the group and will include regular digital equity and inclusion policy updates. The first meeting will be held on Tuesday, January 30, at 4 p.m. EST. To join the working group, click here.

Researching Digital Equity: With People, For People

Revati Prasad, Erezi Ogbo  |  Analysis  |  Benton Institute for Broadband & Society

In October, the Federal Reserve Banks of Dallas, Atlanta, Philadelphia, and Kansas City convened the first-ever Digital Inclusion Research Forum (DIRF), bringing together researchers and practitioners to highlight the latest in digital inclusion research, emerging methodologies, and best practices in the sector. In order to access the broadband funding made available by the Infrastructure Investment and Jobs Act (IIJA), all states have to develop plans for how they will use these funds to build broadband networks and achieve digital equity. Insights from current research and practice can guide and support this important work. We’ve been reflecting on what we learned at DIRF, not simply the outcomes of research projects from around the country but, more broadly, an approach to researching digital equity.

[Dr. Revati Prasad is the Vice President of Programs at the Benton Institute for Broadband & Society. Dr. Erezi Ogbo is an Assistant Professor at North Carolina Central University and a Marjorie & Charles Benton Opportunity Fund Fellow.]


Third Court Upholds Legality of Universal Service Fund

John Eggerton  |  Next TV, telecompetitor

A third US Appeals Court has concluded that the Federal Communications Commission is on sound constitutional footing when it comes to delegating oversight of the billions of dollars in government advanced telecommunications subsidy money it hands out annually with a big assist from the Universal Service Administrative Company (USAC). The 11th US Circuit Court of Appeals ruled that the FCC is within its authority to delegate administration of those funds through a private company—USAC—because the government regulator maintains control and oversight. That follows similar findings by the appeals courts in the 5th and 6th circuits. Some groups had challenged the constitutionality of the USAC under the nondelegation doctrine, the legal principle that holds that Congress cannot delegate legislative powers to other entities. The ruling found that a government agency may delegate authority to private entities without violating the private non-delegation doctrine, so long as the entity “function[s] subordinately” to the agency and the agency retains “authority and surveillance over the activities” of the private entity. And the court found that USAC is “subordinate to the FCC and performs ministerial and fact-gathering functions.” The Eleventh Circuit maintained that the USAC cannot make policy or interpret unclear provisions or rules, because where there is confusion about how USAC should act, it must seek direction from the FCC.

Biden-Harris Administration Approves Louisiana’s “Internet for All” Initial Proposal

The Department of Commerce’s National Telecommunications and Information Administration (NTIA) has approved Louisiana’s Initial Proposal for the Broadband Equity, Access, and Deployment (BEAD) program. Louisiana is the first state to reach this important milestone, which will enable the state to move from the planning phase to the implementation phase for the BEAD program—a major step towards closing the digital divide in Louisiana and meeting the President’s goal of connecting everyone in America with affordable, reliable, high-speed Internet service. The BEAD program is a $42.45 billion state grant program authorized by President Biden’s Bipartisan Infrastructure Law. States and territories will use the funding to deploy or upgrade broadband networks to ensure that everyone has access to reliable, affordable, high-speed Internet service. Once deployment goals are met, any remaining funding can be used on high-speed Internet adoption, training, and workforce development efforts, among other eligible uses.

First State BEAD Plan Approved in Louisiana

Jake Vern  |  Analysis  |  Pew Charitable Trusts

Louisiana’s approved Volume 2 illustrates where the key areas of flexibility that has been granted to states in deploying BEAD intersects with the guardrails Congress and the National Telecommunications and Information Administration (NTIA) have set. We'll take a closer look at three key points of the Louisiana plan:

  • Low cost requirement: The Louisiana low-cost option has a baseline $30 per month plan, with an evidence-based waiver process for providers to follow in order to charge up to $65. The state will also allow the provider’s low-cost plan to increase each year based on the Consumer Price Index, up to a max of 3 percent to account for inflation. Critically, the Louisiana plan also mentions it will use up to 20 percent of its nondeployment funding to create a new monthly subsidy program to work in tandem with the Affordable Connectivity Plan, conceivably covering the cost increase for customers on any low-cost options that are allowed to exceed the $30 rate. 
  • Project areas: Broadband offices must detail how they’ll be able to solicit for bids on every eligible location in their state. Louisiana plans to meet this requirement by pre-defining “sub-project areas” to ensure individual homes and businesses are not left out of the bidding process. The state will then incentivize providers to include “economically disadvantaged” sub-project areas. The sub-project areas will be released for comment along with a pre-qualification process for providers.
  • Scoring: Louisiana’s plan puts a heavy emphasis on infrastructure resiliency, an understandable priority given the state’s painful history with hurricanes. An eighth of each project’s score will be based on the applicant’s commitment to bury at least 90 percent of its fiber, including burying 100 percent of the network that connects any community anchor institution. As part of the broadband office’s initial screen of weather and climate hazards based on past and future risks, the office has identified specific sub-project areas that have “critical resiliency needs” where there is a “lack of minimal mobile broadband service.” To increase connectivity and offer redundancy for emergency communications, applicants proposing to build networks in these locations will be awarded additional points if they include infrastructure to deliver enhanced mobile service.

Benton Institute Salutes Louisiana's Broadband Leadership

Adrianne Furniss  |  Press Release  |  Benton Institute for Broadband & Society

A few short years ago, many might have thought that universal broadband in Louisiana was an impossible dream. But the leadership of Veneeth Iyengar and the state’s partnership with the National Telecommunications and Information Administration is making the impossible possible. Louisiana is on a path to closing its digital divide. We hope that other states will follow Louisiana’s example and get this job done.

Commerce Commits to Work and Coordinate with Tribes to Support Economic Growth at the White House Tribal Nations Summit

Press Release  |  Department of Commerce

US Secretary of Commerce Gina Raimondo addressed Tribal leaders at the 2023 White House Tribal Nations Summit. Secretary Raimondo reiterated the Department’s commitment to working and coordinating with Tribal Nations to ensure Tribal communities have the needed resources for economic growth. Under the Biden-Harris Administration, the Commerce Department has unprecedented money and resources to invest in communities nationwide—including in infrastructure, job training, broadband access, and regional economies. To date, the Department of Commerce has awarded nearly $2 billion to more than 220 tribal entities to expand high-speed internet access, including network deployment and digital skills, to close the digital divide. In her remarks, Secretary Raimondo reiterated an announcement from July 2023 that another $1 billion in funds are available for that program.


Oregon's Plan for Meaningful Broadband Access

Grace Tepper  |  Analysis  |  Benton Institute for Broadband & Society

The Oregon Broadband Office (OBO) released the state's draft Digital Equity Plan for public comment. Through this plan, OBO continues its work to ensure that all people in Oregon have access to reliable, affordable home broadband internet, an affordable, quality, internet-enabled computing device, digital skills, quality technical support in culturally and linguistically diverse in-community spaces, access to cybersecurity tools and the knowledge needed to stay safe online, and inclusive online content designed to enable and encourage self-sufficiency, participation, and collaboration. The draft plan is open for public comment until December 16, 2023. It is the vision of the State of Oregon that all people in Oregon will have access to affordable and reliable high-speed broadband internet to attain positive economic, educational, and health outcomes and to participate in social and civic life. The state’s commitment arises from Oregon’s recognition of the criticality of digital equity to the well-being of the many diverse people of Oregon. Meaningful access to the internet is essential to thriving in the 21st century. Digital equity enables economic opportunity as well as supports educational, healthcare, and civic participation goals.

Net Neutrality

Federal Communications Commission’s Net Neutrality Docket Bulges With Initial Deadline Input

John Eggerton  |  Next TV

Already the Federal Communications Commission’s busiest docket, the effort to restore network neutrality rules saw a rush of new comments on December 14, the deadline for initial submissions by interested parties looking to affect the outcome of the proceeding. Replies to those comments are due January 17, 2024, after which the FCC can schedule a vote on a final rulemaking. A majority of FCC Commissioners support restoring the rules by reclassifying internet access as a Title II telecommunications service subject to FCC regulation as a common carrier. With three out of five votes for restoring the rules, they are likely to return in the new year after the regulator has collected public input on the proposed rulemaking. NCTA: The Internet & Television Association was mincing no words in its opposition. “[A] bare majority of FCC Commissioners are proposing, for no reason other than partisan politics, to impose the most intrusive and overbearing regulatory framework on one of the most dynamic technologies in the history of communications — the internet.” WISPA, which represents fixed wireless internet service providers, said reclassification would hurt small internet service providers and their communities. On the other side, INCOMPAS, which represents competitive carriers and some high-profile edge providers, said the FCC should definitely reclassify internet access as a telecommunications service and reinstitute net neutrality rules “to ensure that residential and small business customers throughout the United States have access to an open internet so that they can access the lawful online content, applications, and services of their choice.”

Prisons & Communications

The Robber Barons of Prison Tech

Nitish Pahwa  |  Slate

When it comes to the technological advances that have graced our ever-expanding, ever-crowded, ever-exploitative prisons, observers rightly tend to point out the insidious panopticon they’ve enabled: sophisticated surveillance and security networks that ensnare the lives of nearly 2 million people locked up throughout the United States. But the technology that prisoners themselves use and depend on is frequently overlooked. Those very tools, proffered as a lifeline, often become another means of punishing both incarcerated people and their communities, largely because the profiteers from this multibillion-dollar sector prefer to keep it that way. Through partnerships with private prisons and contracts with state-helmed correctional institutions, name-changing private equity firms have come to dominate the provision of essential digital services to American prisoners. Why did private equity firms flock to this space? As Worth Rises’ Bianca Tylek told me, prison telecommunations operated in a market structure that was amenable to private equity firms’ key demand: to squeeze out as much money as possible in order to earn sky-high returns as a company investor or to juice business value upon resale. What makes all this even juicier for private equity is the fact that prison communications contracts give companies systemwide monopolies—incarcerated people and their families can’t choose a different service if they don’t like what’s offered in their prison.There is, however, a dim light at the end of the tunnel: Earlier this year, President Joe Biden signed the Martha Wright-Reed Act, written and approved by a bipartisan group of Congress members to instruct that the Federal Communications Commission “ensure just and reasonable charges for telephone and advanced communications services in correctional and detention facilities.” 

For Years, Prison Life Was Isolated From Tech. Now Tech Is Beginning to Define It.

Mia Armstrong-Lopez  |  Slate

Around 1.9 million people are currently incarcerated in the United States, and an estimated 45 percent of Americans have at some point experienced the incarceration of an immediate family member. For many years, prisons have largely been tech bunkers, keeping incarcerated people isolated from the world outside. But things have started to change. In some cases, they changed because prison leaders recognized the need to connect incarcerated people to their communities. In other cases, they changed because, in relationship with private companies, prisons found a way to profit. The pandemic accelerated this trend. Activities like visitation and education programs were paused and in many cases replaced by video calls, e-messaging, and other virtual activities, facilitated in part by glitchy, specially made tablets distributed by private companies. As a result, things like tablets and e-messaging—which may seem trivial to those of us on the outside but can be transformational on the inside—are now popular in prisons and jails across the country. Time, Online, a new package from Future Tense, attempts to document this moment. Through a series of essays that were (with one exception) written by currently and formerly incarcerated people, we’ll examine how tech is changing what it means to be in prison. The essays and art in this series paint a vivid portrait of how technology has altered and shaped the lives of incarcerated people. Tech will define the future of prisons and of the communities connected to them. It’s worth understanding how.


Quantifying the Impacts of Regulation

Doug Dawson  |  Analysis  |  CCG Consulting

The White House Office of Information and Regulatory Affairs recently released new rules that will be used to quantify and evaluate proposed new regulations. Many economists have been arguing for this change for a decade and believe that the new formulas are more accurate. There are several important changes to the new scoring methodology, notably that the new formulas give more value to future impacts of regulation. Critics of the new formulas argue that the new regulations are a way to impose high regulatory costs today that are justified by some theoretical future benefit. Other economists counter that it’s important not to ignore future benefits or risks that are known and understood. This kind of government analysis has been routinely conducted for decades, but the public rarely even gets a peek at the results of the analysis. I would love to know how economists quantify the societal benefits from something like the Affordable Connectivity Plan that provides broadband discounts to low-income families. I would love to understand how government economists would quantify the impact of providing more unlicensed spectrum compared to selling licensed spectrum to the big wireless carriers. It would be intriguing if the public (or at least folks like me) could more routinely see the results of such analysis.

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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.

© Benton Institute for Broadband & Society 2023. Redistribution of this email publication — both internally and externally — is encouraged if it includes this message. For subscribe/unsubscribe info email: headlines AT benton DOT org

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Benton Institute
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