Monday, December 21, 2020
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Local Priorities for a National Broadband Stimulus: A Survey of Local Governments and Non-Profits
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Rural Digital Opportunity Fund Will Put Gigabit Fixed Wireless to the Test
Law banning “rental” fees for customer-owned routers takes effect
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FCC’s Rural Digital Opportunity Fund Auction Was Supposed to Significantly Reduce America’s Rural Broadband Gap

The Federal Communications Commission (FCC) recently completed its Rural Digital Opportunity Fund (RDOF) auction. The goal of the auction was to bring to rural areas across the United States the same affordable and reliable broadband service enjoyed in many urban and suburban areas. A review of the results of the auction shows it is unlikely the FCC attained its goal—and for America’s rural communities, the ongoing uncertainty is likely to persist for some time. CTC Technology & Energy analysis of the RDOF results points to a few key takeaways for local communities:
- If SpaceX’s Starlink low earth orbit satellite network won in your area, RDOF failed to incentivize any new investment in terrestrial broadband deployment—and the FCC’s funding will go to an untested technology that likely would have become available to your community anyway.
- Intense competition in the RDOF reverse auction led some gigabit providers to accept such low levels of support that they may not be able to secure financing to build their networks—raising doubts about the ability of some awardees to deliver on their commitments.
- Because RDOF winners are only obligated to complete 40 percent of their build-out by the end of the third year of funding, it may be years before a community can determine whether an awardee will deliver as promised.
- If an auction winner does not deliver on its commitments, it is unclear when those awarded areas will be eligible for additional federal funding.

David Sumi is vice president of marketing for Siklu, a fixed wireless equipment manufacturer that was part of a group of manufacturers that convinced the Federal Communications Commission to allow Rural Digital Opportunity Fund (RDOF) fixed wireless bids for the gigabit tier. According to Sumi, there have been a lot of advances in fixed wireless recently. He described two Siklu offerings that could be used for gigabit fixed wireless deployments and noted that other manufacturers have similar offerings. All the offerings that Sumi described use ultra-high frequency millimeter wave spectrum in one of two unlicensed bands – the V-band around 60 GHz and the E-band around 70-80 GHz. The biggest breakthroughs have come in the V-band, where Qualcomm offers a chip based on Terragraph technology, whose development was spear-headed by Facebook. As Sumi described, equipment based on the Qualcomm chip is designed with a four-sector base station, with each sector capable of aggregate speeds of 4 Gbps, which can be shared by up to 16 customer premises devices. Network operators can oversubscribe customers because deployment models assume not everyone is on the internet using a full gigabit at the same time. Range is about a quarter of mile, which doesn’t sound like much for rural areas, but the technology also supports mesh networking, enabling individual customer sites to act as repeaters for other sites. For more remote locations, network operators can use equipment operating in the E-band, which is restricted to point-to-point use, Sumi said.

In 2018, the Federal Communications Commission's Wireline Competition Bureau, the Wireless Telecommunications Bureau, and the Office of Engineering and Technology (collectively, the Bureaus) adopted performance requirements establishing a uniform framework for measuring speed and latency performance for recipients of high-cost support to serve fixed locations. Later, the Bureaus addressed certain issues regarding testing to be conducted by high-latency bidders in the Connect America Fund (CAF) Phase II auction. Now the Bureaus clarify that carriers have their entire support term to improve their networks and come into compliance with performance requirements. A carrier’s final performance testing milestone is at the end of its support term, and it is only then that a carrier may be subjected to final performance compliance withholdings. The Bureaus also clarify that carriers participating in multiple high-cost programs with required testing or subject to multiple speed obligations in a state will have compliance and non-compliance (as well as any potential withholding of support) determined specifically for each program, state, and speed tier. Thus, compliance and noncompliance percentages will be calculated for each program, state, and speed tier separately.

Broadband and TV providers will finally be required to stop charging "rental" fees for equipment that customers own themselves, thanks to a new US law that takes effect on Dec 20. The bogus fees were outlawed by the Television Viewer Protection Act (TVPA), which was approved by Congress and signed by President Trump in December 2019. The law was originally scheduled to take effect on June 20, but Congress gave the Federal Communications Commission leeway to delay enforcement by six months if the FCC "finds that good cause exists for such an additional extension." The FCC in April granted the six-month delay to ISPs, claiming that providers needed more time to comply because of the coronavirus pandemic. That decision delayed implementation of the new requirements until December 20, 2020.

When the Federal Communications Commission announced $312 million in grants for one relatively small company to build broadband in Minnesota, it stirred controversy among those who worry the internet provider can’t deliver what it promised. Now that squabble over the company, LTD Broadband, has spilled over into Minnesota’s own grant program for development of high-speed internet. The Minnesota Rural Broadband Coalition — made up of internet developers, local governments, and other groups like Mayo Clinic — sent a letter to state officials asking them to award grant money to build broadband in areas expected to be served through the federal program, in part because they have so little confidence in LTD Broadband. Some internet companies said the state asked them to submit bids for cash outside of the federal program zones. Minnesota officials haven’t made a decision on how to proceed, but the state must navigate the fight over broadband money and territory while balancing the best way to get internet to rural residents — and to spend taxpayer dollars.

After posting robust broadband subscriber adds in 2020, Charter isn't giving its competitors much breathing room. Charter has doubled the starting download speed of its Spectrum Internet tier from 100 Mbps to 200 Mbps across 17 US markets. The faster starting speeds will reach about 8 million additional homes across those markets. The 200 Mbps speeds are available now to new Spectrum Internet customers. Charter said it would automatically increase speeds for current residential customers with new Spectrum Internet packages across the 17 markets during the first quarter of 2021. Upon completion, starting speeds for 200 Mbps will be available to nearly 75% of the company’s 41-state footprint.

Facebook told lawmakers it blocked or removed 265,000 posts for violating the social network’s policies against voter interference and rejected 3.3 million ad submissions as part of its effort to protect the recent US elections against misinformation and foreign influence. The action was cited in a 22-page report summarizing the company’s election work that was distributed Dec 18 to a wide array of members of Congress as well as officials in the outgoing Trump administration and incoming team of President-elect Joe Biden. Facebook had previously publicized many of its actions cited in the report. The report also mentions Facebook’s voter registration efforts and removal of coordinated influence campaigns. It ends by repeating a familiar Facebook request that lawmakers in Washington write more rules and regulations for the internet so that job isn’t left up to companies like Facebook. Elections in the future “must include rules set by governing democracies, not private companies, on a range of critical issues,” Facebook said. “Next year, we hope progress can be made in Washington, DC, in updating the rules of the internet.”

Michael Pack, the Trump appointee who oversees the government’s global media operations, is moving to shut down a federally funded nonprofit that helps support internet access around the world, a decision that could limit people’s ability to get around constraints in places that tightly control internet access, like Iran and China. Pack, the chief executive of the US Agency for Global Media, is seeking to restrict the nonprofit, the Open Technology Fund, from receiving federal funding for three years, in part because of a dispute over whether the fund should support work done by the Falun Gong, the spiritual movement known for spreading anti-China, pro-Trump misinformation. His action, a month before President-elect Joseph R. Biden Jr. takes office, would be difficult for the new administration to undo. The nonprofit, which is funded by the global media agency, helps develop technology that makes it easier for more than 2 billion people in over 60 countries to access the internet. It is known for helping create tools like Signal, an encrypted messaging application, and Tor, a web browser that conceals a user’s identity while logged onto the internet.

The Federal Communications Commission's Media Bureau denied a permanent waiver request of the newspaper/broadcast cross-ownership rule sought by Fox Corp regarding the continued common ownership of WWOR-TV, Secaucus, New Jersey, and the New York Post. Instead, the Bureau granted a temporary waiver to preserve the status quo while the fate of the newspaper/broadcast cross-ownership rule is resolved. Absent a waiver, the current rule prohibits common ownership of a daily newspaper and a broadcast station serving the same geographic market, in this case, New York (NY). However, as a result of the long-running dispute over whether the newspaper-broadcast cross-ownership rule remains lawful and justified, the FCC previously granted or extended temporary waivers for the WWOR/New York Post combination in 2001, 2006, and 2014. Subsequently, the FCC eliminated the newspaper/broadcast cross-ownership rule in 2017, and the combination of WWOR and the Post was authorized by operation of law for nearly two years with no need for a waiver. Following an appeal, a divided panel of the US Court of Appeals for the Third Circuit by a 2-1 vote reversed and remanded the FCC’s decision, thus reinstating the rule. However, the US Supreme Court has agreed to review the Third Circuit’s decision and will hear oral arguments on January 19, 2021.
Fox may continue to own collectively WWOR and the Post—as well as WNYW(TV), New York (NY), for which Fox had received a permanent waiver in 1993—pending the outcome of the current litigation and, in the event that the newspaperbroadcast cross-ownership rule survives that litigation, until 180 days following the date that a Commission order making a determination reaffirming that the newspaper-broadcast cross-ownership rule remains in the public interest becomes final and unappealable.

Over the course of the COVID-19 outbreak in the United States, Pew Research Center has studied Americans’ attitudes about the role and effectiveness of various technologies and their views about digital privacy and data collection as it relates to the pandemic. Here is what we found:
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The internet has been an important part of Americans’ lives
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Dependence on the internet and mobile phones raised concerns about affordability
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The pandemic highlighted concerns about the digital divide due to school closures and the shift to online learning
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Some Americans were dubious about the effectiveness of technology for tracking the coronavirus and lacked confidence in others to keep their personal records safe
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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