Daily Digest 1/28/2022 (Steve Schapiro | Johan Viking Hultin)

Benton Institute for Broadband & Society
Table of Contents

News From the FCC

FCC Fixes E-Rate Rules to Facilitate Participation Of Tribal Libraries  |  Read below  |  Press Release  |  Federal Communications Commission
FCC Proposes Point-Of-Sale Labels To Enable Consumers To Comparison Shop Among Broadband Providers And Plans  |  Read below  |  Press Release  |  Federal Communications Commission
Benton Foundation
How Can the FCC Make it Easier to Shop for Broadband?  |  Read below  |  Kevin Taglang  |  Analysis  |  Benton Institute for Broadband & Society
FCC Revokes China Unicom Americas' Telecom Services Authority  |  Read below  |  Press Release  |  Federal Communications Commission
FCC Upholds Fine for Jammer Used to Block Workers' Phone Use  |  Federal Communications Commission
Comments in FCC’s E-Rate central document repository proceeding due March 28  |  Federal Communications Commission

Digital Inclusion

AT&T survey finds most consumers aren’t aware of broadband subsidies  |  Read below  |  Linda Hardesty  |  Fierce
T-Mobile Leverages Affordable Connectivity Program to Offer Free Service  |  Read below  |  Carl Weinschenk  |  telecompetitor
How a Best Buy Teen Tech Center in South Memphis is working to 'bridge the digital divide'  |  Memphis Commercial Appeal

Infrastructure

Commerce Secretary Raimondo to testify before the Senate on broadband infrastructure funding implementation  |  Read below  |  Emily Birnbaum  |  Politico
RUS ReConnect Round 3 Open while Electric Funding More Miles of Fiber than Power Lines  |  Read below  |  Doug Mohney  |  Op-Ed  |  Fiber Broadband Association

Spectrum/Mobile

NTIA Should Improve Spectrum Reallocation Planning and Assess Its Workforce  |  Read below  |  Research  |  Government Accountability Office
AT&T taps Syniverse ahead of 3G network shutdown  |  Read below  |  Monica Alleven  |  Fierce
The Showdown Over Airlines and 5G Is Part of a Much Bigger Problem  |  Read below  |  Michael Calabrese  |  Op-Ed  |  Slate
Does bad weather affect your internet?  |  Read below  |  David Anders  |  C|Net
AT&T plans to deploy 3.45 GHz, C-band with ‘one-climb’ tower strategy  |  Fierce
Roy Chua: Dish Wireless bakes in core principles in infrastructure  |  Fierce
Report | 5G Connectivity: A Key Enabling Technology To Meet America’s Climate Change Goals  |  CTIA

Health

Social Media Filters Are Changing How Young People See Themselves  |  Teen Vogue

Consumer Protection

FTC Finds Huge Surge in Consumer Reports about Losing Money To Scams Initiated Through Social Media  |  Federal Trade Commission

Company/Industry News

Comcast’s Broadband Growth Slows While Pandemic-Hit NBCUniversal Rebounds  |  Read below  |  Lillian Rizzo  |  Wall Street Journal
MetroNet Vexus Merger Continues Fiber Network Consolidation  |  Read below  |  Joan Engebretson  |  telecompetitor
Why Is Silicon Valley Still Waiting for the Next Big Thing?  |  New York Times
Microsoft Should Play Antitrust Game Well  |  Wall Street Journal

Policymakers

What Justice Breyer’s departure could mean for tech  |  Read below  |  Emily Birnbaum  |  Politico
Sen Klobuchar Leads Her Final Assault on Big Tech's Power  |  Vox
Biden FCC Nominee Gigi Sohn Settles Case That Spurred GOP Senator’s Fight  |  Read below  |  Maria Curi  |  Bloomberg
CWA's Christopher Shelton | Enough Is Enough: The Senate Should Stop Playing Games And Confirm Gigi Sohn  |  TechDirt
CDT Welcomes Eric Null as Director of Privacy & Data Project  |  Center for Democracy & Technology
Congress’s Big Tech Stock Stakes Make Regulation Awkward  |  Bloomberg
Today's Top Stories

FCC Meeting

FCC Fixes E-Rate Rules to Facilitate Participation Of Tribal Libraries

Press Release  |  Federal Communications Commission

The Federal Communications Commission adopted an order updating rules in the E-Rate program to clarify that Tribal libraries can access funding to provide affordable internet access in their communities. The Order updates the definition of “library” in the E-Rate program rules to make clear that it includes Tribal libraries, resolving a longstanding issue that limited their access to affordable broadband connectivity through the program. The adoption of the order paves the way for Tribal libraries to apply for the E-Rate program application filing window that opened on January 12, 2022 and closes on March 22, 2022. To promote awareness of the rule change, the Order directs the FCC’s Office of Native Affairs and Policy and the Wireline Competition Bureau, in coordination with the Universal Service Administrative Company, to develop targeted outreach efforts and program training for Tribal libraries. The Order also adopts new metrics to gauge the participation of Tribal libraries in the E-Rate program. The E-Rate program was established in 1996 as a universal service support mechanism to ensure that schools and libraries can obtain affordable broadband service. Discounts for support depend on the level of poverty and whether the school or library is in an urban or rural area. The discounts range from 20 percent to 90 percent of the costs of eligible equipment and services.

FCC Proposes Point-Of-Sale Labels To Enable Consumers To Comparison Shop Among Broadband Providers And Plans

Press Release  |  Federal Communications Commission

The Federal Communications Commission proposed new rules that would require broadband providers to display easy-to-understand labels to allow consumers to comparison shop for broadband services. The proposal would require broadband providers to display, at the point of sale, labels that show prices, including introductory rates, as well as speeds, data allowances, network management practices, and other critical broadband service information. The proposal is based on voluntary labels the FCC previously approved in a 2016 Public Notice, and responds to direction in the Infrastructure Investment and Jobs Act for the FCC to require providers to create consumer-friendly labels with information about their broadband services. Access to accurate, simple-to-understand information about broadband internet access services helps consumers make informed choices and is central to a well-functioning marketplace that encourages competition, innovation, low prices, and high-quality service. The FCC is seeking comment on, among other things: how consumers evaluate broadband service plans and whether the 2016 labels will assist consumers with the purchase process; whether the 2016 labels should be updated in terms of content and format; and whether the FCC should provide new guidance about where broadband providers must display such labels. The Infrastructure Act requires the FCC to adopt regulations within a year of its passage and to conduct a series of public hearings to help inform the labeling requirements.

How Can the FCC Make it Easier to Shop for Broadband?

Kevin Taglang  |  Analysis  |  Benton Institute for Broadband & Society

This week, the Federal Communications Commission launched a proceeding seeking public comment on creating a mechanism to ensure access to accurate, simple-to-understand information about broadband Internet access services. The aim is to enable consumers to comparison shop when choosing broadband services and providers that best meet their needs and match their budgets. The Infrastructure Investment and Jobs Act directs the FCC to adopt rules that will require the display of broadband consumer labels that include pricing information. The FCC is now proposing labels that disclose information about prices, introductory rates, data allowances, broadband speeds, and management practices, among other things. One label would be for "fixed" broadband service (think service from your local cable or telephone company); the other would be for mobile broadband. The FCC has a number of questions about the proposed labels concerning the content, display location, accessibility, an existing transparency rule, enforcement and implementation issues. Here's a quick look at what the FCC is asking the public to weigh in on.

FCC Revokes China Unicom Americas' Telecom Services Authority

Press Release  |  Federal Communications Commission

The Federal Communications Commission adopted an Order ending the ability of China Unicom (Americas) Operations Limited to provide domestic interstate and international telecommunications services within the United States. The Order on Revocation directs China Unicom Americas to discontinue any domestic or international services that it provides pursuant to its section 214 authority within sixty days following the release of the Order. Based on input from Executive Branch agencies, thorough review of the company’s responses in this proceeding, the public record, and the FCC’s public interest analysis under the law, the Commission finds that today’s action safeguards the nation’s telecommunications infrastructure from potential security threats. In March 2021, the Commission found that China Unicom Americas had failed to dispel serious concerns regarding its retention of its authority to provide telecommunications services in the United States. The FCC thus adopted procedures that allowed for China Unicom Americas, the Executive Branch agencies, and the public to present any remaining arguments or evidence in the matter. Based on the FCC’s public interest analysis and the totality of the extensive record, the FCC finds that the present and future public interest, convenience, and necessity is no longer served by China Unicom Americas’ retention of its section 214 authority.

Digital Inclusion

AT&T survey finds most consumers aren’t aware of broadband subsidies

Linda Hardesty  |  Fierce

As of October 2021, the majority of people in AT&T’s 21-state footprint were not aware of the Emergency Broadband Benefit (EBB) program. According to a survey conducted by Recon Analytics on behalf of AT&T, 55% of consumers were not aware of the EBB program. Recon Analytics used Qualtrics to conduct the online survey, which garnered more than 10,000 respondents. Only 12% of respondents were aware of the program and had applied for EBB benefits. Curiously, 13% of respondents who were aware of the program and qualified for it had not yet applied for benefits. According to the AT&T survey, there were some substantial variations in awareness of the EBB benefits. Sixty one percent of people in Kansas were not aware of the program, while things were better in Kentucky, where 47% of respondents were unaware. Native Hawaiians or Pacific Islanders had the highest awareness followed by Black or African Americans. It’s possible that grassroots outreach campaigns were more effectively targeting these groups. People 44 years of age and younger also had more awareness of EBB than those over age 44.

T-Mobile Leverages Affordable Connectivity Program to Offer Free Service

Carl Weinschenk  |  telecompetitor

Metro by T-Mobile has joined the Federal Communications Commission’s new Affordable Connectivity Program (ACP). Doing so enables the company to offer free service. Beginning January 27, qualifying new and existing low-income Metro by T-Mobile subscribers are eligible for free wireless service with high-speed smartphone data. Eligible subscribers also can get as much as $30 off all Metro by T-Mobile smartphone plans with data or as much as $75 for those on Tribal lands. All those subscribing to the offerings will have access on the carrier’s 5G network and Scam Shield security. This includes Scam ID, free Scam Block and free Caller ID. The T-Mobile free service includes unlimited calling and texting and 5GB of high-speed smartphone data. The Affordable Connectivity Program pays up to $30 a month toward the cost of mobile or fixed connectivity for eligible low-income households, enabling T-Mobile to offer a service for free. To qualify, households must be eligible for one of various government support programs. Alternatively, customers eligible for the ACP can pay $10 to $30 a month to obtain a variety of additional features or capabilities.

Infrastructure

Commerce Secretary Raimondo to testify before the Senate on broadband infrastructure funding implementation

Emily Birnbaum  |  Politico

Commerce Secretary Gina Raimondo will testify February 1 before Senate appropriators about how to implement the $48 billion in broadband dollars that the infrastructure law slated for her department. The session will take place before the panel’s Commerce-Justice-Science Subcommittee, which Sen Jeanne Shaheen (D-NH) chairs. Shaheen was one of the lead negotiators who put together the law’s $65 billion for broadband, in tandem with Raimondo and Sen Susan Collins (R-ME), who also sits on this subcommittee. As appropriators, these senators are now tasked with determining what resources to give the department and its National Telecommunications and Information Administration, which will helm the infrastructure law’s broadband investments and is currently on a hiring spree. Shaheen wants to ensure broadband funding is “distributed as intended,” she said. “There is bipartisan determination in Congress to enhance our high-speed internet capacity, and I believe we can continue to get important work done here.”

RUS ReConnect Round 3 Open while Electric Funding More Miles of Fiber than Power Lines

Doug Mohney  |  Op-Ed  |  Fiber Broadband Association

The Department of Agriculture’s Rural Utilities Service (RUS) has been funding infrastructure since its original inception in 1935 as the Rural Electrification Service. The agency is currently accepting ReConnect loan and grant applications for broadband projects with the latest round making available $750 million available in grant monies, $250 million available in a combination of loans and grants and another $200 million in loans available at a fixed 2% interest rate. Meanwhile, the agency has recently funded more miles of fiber than power line using electric funding. Applications for round three of RUS’s Rural Development Broadband ReConnect Program (ReConnect) are now open through February 22, 2022, with Acting RUS Administrator and Assistant Administrator for Electrical Programs Chris McLean encouraging communities to apply. As RUS funding has increased, so has the evolution of what broadband projects the agency will fund, with an eye towards higher-speed future-proof infrastructure.

Spectrum/Mobile

NTIA Should Improve Spectrum Reallocation Planning and Assess Its Workforce

The government is working to transfer some federally-used spectrum to the private sector to help build mobile broadband networks, including 5G. The National Telecommunications and Information Agency (NTIA) facilitates these transfers, which can be complex and take years. The Government Accountability Office (GAO) found that NTIA lacks a formal process for planning these transfers. We recommended that it develop one to help address challenges and risks before they arise. Almost all spectrum has been allocated for the federal government, commercial sector, or other non-federal use. However, the demand for spectrum continues to grow, especially from the commercial sector as it seeks to deploy and improve 5G mobile service. NTIA is responsible for managing the federal government's spectrum use and plays a key role alongside the Federal Communications Commission (FCC) and other federal agencies in helping to reallocate federal spectrum for commercial use. GAO was asked to review NTIA's spectrum management activities. This report examines, among other objectives, the extent to which NTIA (1) has developed a planning process for spectrum reallocations and (2) identified and assessed the competencies needed to manage federal spectrum's use. GAO reviewed relevant NTIA documentation and compared it with applicable leading practices. GAO interviewed officials from NTIA and other agencies, representing a variety of non-generalizable viewpoints.

AT&T taps Syniverse ahead of 3G network shutdown

Monica Alleven  |  Fierce

AT&T will shut down its 3G network in February 2022, making way for 5G spectrum and services. But other operators worldwide, whose customers roam onto AT&T, still require the use of circuit-switch fallback, and that’s where Syniverse comes in. On January 25, Syniverse announced, in collaboration with AT&T, the development and deployment of a solution that preserves inbound voice roaming after AT&T phases out its 3G network on February 22, 2022. The 3G network is based on circuit-switched technology as opposed to VoLTE, which is what 4G LTE networks use. For mobile operators worldwide that still require the use of circuit-switch fallback, implementing Syniverse’s Evolved Mobility solution will ensure customers seamlessly connect when roaming on AT&T’s network after the 3G network shutdown, according to the vendor. AT&T is the first customer for this but if Syniverse has anything to say about it, it won’t be the last. The Tampa (FL)-based vendor is holding discussions with other operators, according to Brian Beach, senior product management director for Syniverse.

The Showdown Over Airlines and 5G Is Part of a Much Bigger Problem

Michael Calabrese  |  Op-Ed  |  Slate

Far faster mobile broadband speeds and new services on your 5G-enabled smartphone or a greater risk that your next flight crashes on landing? This should be a false choice in tech-savvy America. Yet, according to the airlines and the Federal Aviation Administration, it is an unresolved risk. The primary problem has been a steady breakdown in coordination and cooperation between the Federal Communications Commission, which regulates business use of increasingly crowded public airwaves, and the other federal agencies that rely on wireless frequencies or regulate a multitude of industries, like the airlines. Unlike the Obama administration, which coordinated spectrum policy from the White House, the Trump administration had an ad hoc spectrum policy that failed to articulate a coherent set of national priorities that would supersede the natural NIMBY reflex of spectrum incumbents. The FAA fiasco is just the latest in a series of standoffs over the past four years between the FCC and federal agencies defending the spectrum status quo.

So what is to be done? First, the Biden White House needs to send a clear message that the Commerce Department’s National Telecommunications and Information Administration is in charge of coordinating federal agency spectrum policy, just as Congress intended. Second, the NTIA and FCC need to collaborate on an updated national spectrum policy and coordination process. Third, the NTIA and any affected federal agencies need to participate actively in FCC rulemakings from beginning to end. They need to put up or shut up concerning interference concerns—and submit technical studies and data, just as private industry does. Fourth, the NTIA and the Department of Defense—by far the largest federal spectrum user—need to follow through rapidly on proposals to create an automated database to more efficiently coordinate spectrum sharing among agencies and with the private sector. Finally, the White House needs to be what FCC Commissioner Brendan Carr recently called “the adult in the room.”

[Michael Calabrese directs the Wireless Future Project at New America’s Open Technology Institute]

Does bad weather affect your internet?

David Anders  |  C|Net

It's true that extreme weather conditions like torrential rain, wintry conditions and even heavy cloud coverage can interfere with your internet service, depending on the type of internet connection you have. Satellite internet is the most vulnerable to service disruptions due to weather, but those with a fixed wireless or 5G home internet connection may experience weather-related internet issues as well. Cable, DSL and fiber internet connections are far more reliable but a particularly bad storm, one with the potential to knock out the electricity, could affect the internet in your area. Before an internet outage rains on your parade, it's important to know what to expect of your service ahead of impending bad weather, and what preventative or countermeasures you can take to lower the chances you'll have any issues. C|Net has compiled this guide on how your internet may be affected.

Company News

Comcast’s Broadband Growth Slows While Pandemic-Hit NBCUniversal Rebounds

Lillian Rizzo  |  Wall Street Journal

Comcast said it added fewer broadband customers than in recent quarters, a slowdown that comes after record growth during the height of the coronavirus lockdowns. Comcast CEO Brian Roberts said the company's Peacock streaming service and its broadband business were two of Comcast’s top priorities for the year ahead. The company added 212,000 broadband subscribers in the fourth quarter 2022, down 61 percent from the same quarter in 2021. Its cellphone business, Xfinity Mobile, added 312,000 customers, while Comcast’s pay-TV business continued to shrink, losing 373,000 subscribers. Cable chief Dave Watson said the broadband slowdown was largely due to fewer people changing homes. Even with the slowdown in broadband subscriber growth, the Comcast Cable segment, comprising the broadband, cable-TV, landline and mobile units, made up the bulk of revenue with $16.41 billion, up 4.5 percent from the year-earlier period. Comcast’s results since the third quarter show how consumer habits changed drastically at the height of the pandemic lockdowns—when Americans relied heavily on home broadband connections for work and school—and are now slowly going back to normal. Industry analysts are forecasting cable broadband providers will continue to face pressure and see slowing growth as telecommunications competitors such as AT&T build out their broadband strategies.

Back to Table of Contents

 

MetroNet Vexus Merger Continues Fiber Network Consolidation

Joan Engebretson  |  telecompetitor

Fiber network consolidation continues with the news of a complementary merger between MetroNet and Vexus Fiber. MetroNet operates primarily in multiple Midwest and southeastern states, while Vexus has concentrated on Texas, New Mexico and Louisiana. Both companies have been expanding aggressively through internal growth. MetroNet and Vexus will continue to operate under their current brands with their current management teams. MetroNet offers service in more than 120 communities in Indiana, Illinois, Iowa, Kentucky, Michigan, Minnesota, Ohio, Florida, North Carolina, Virginia Texas, Wisconsin and Missouri. Texas is the only state in which both MetroNet and Vexus have operations. Vexus was originally known as NTS Communications, which was acquired by Vast Broadband in 2019. Vast subsequently changed the NTS name to Vexus; then in October 2020, Vast was acquired by GI Partners. Mergers such as the one between MetroNet and Vexus are becoming quite commonplace as competitive carriers are in a sort of fiber-to-the-premises (FTTP) land grab. FTTP is looking like an increasingly attractive opportunity, now that consumers are demanding faster upstream speeds that can be supported by fiber broadband but not traditional cable infrastructure. The upshot is that whoever brings FTTP first to a market has a substantial competitive edge.


Policymakers

What Justice Breyer’s departure could mean for tech

Emily Birnbaum  |  Politico

During his time on the Supreme Court, Justice Stephen Breyer authored and signed onto a slew of significant antitrust and regulation opinions that loom large over the cases against Facebook and Google today. His departure from the bench will mean the loss of serious antitrust expertise — a development that will sadden some traditionalists and cheer progressive antitrust activists that say change is long overdue. Breyer’s views on corporate power shifted somewhat over the years, but antitrust experts point to his decision to sign onto Justice Antonin Scalia’s 2004 opinion in Verizon v. Trinko as an example of his tendency to side with big business. A federal judge last year heavily leaned on that opinion, which defended monopolistic behavior, to dismiss the FTC’s case against Facebook. The much more imminent question is what Breyer’s retirement will mean for the Senate Judiciary Committee’s antitrust work. The selection of Breyer’s replacement is likely to engulf the committee in a frenzied nomination process over the next few weeks or months. Nevertheless, committee aides have said that right now there’s no plan to delay future markups (such as the upcoming markup of the Open App Markets Act) or further action on the Senate’s antitrust bills.

Biden FCC Nominee Gigi Sohn Settles Case That Spurred GOP Senator’s Fight

Maria Curi  |  Bloomberg

A confidential settlement involving Federal Communications Commission nominee Gigi Sohn [Senior Fellow and Public Advocate at the Benton Institute for Broadband & Society] appears to undercut a key Republican senator’s stated reason for opposing her nomination. The delay in confirming Sohn is preventing Democrats from securing a majority at the independent regulatory agency, which would allow them to pursue policies such as reinstating Obama-era net neutrality rules. Republicans say Sohn will pursue heavy-handed regulation and have criticized statements she has made against conservative media outlets. Senate Commerce Committee ranking member Roger Wicker (R-MS)'s stated opposition to Sohn revolves around an October 2021 order by a New York federal court shutting down Locast, a nonprofit where the nominee served on the board. Locast, which retransmitted local TV signals over the Internet, was ordered to pay ABC, CBS, NBCUniversal, and Twentieth Century Fox $32 million for illegally streaming their programming. But since then, the broadcasters agreed to settle for a fraction of the decree — roughly $700,000 in cash and liquidation of used computer servers. A provision in the settlement states the broadcasters released individuals from liability. Broadcasters agreed to file a satisfaction of judgment by January 27 if all the terms are met. Sohn signed the confidential agreement on October 27, a day after President Joe Biden announced her nomination

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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) and Grace Tepper (grace AT benton DOT org) — we welcome your comments.


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Kevin Taglang

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Benton Institute
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