Friday, January 3, 2025
Headlines Daily Digest
U.S. Court of Appeals for the 6th Circuit strikes down FCC's net neutrality rules
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Final BEAD Alternative Broadband Technology Policy Notice
Apple Agrees to Pay $95 Million to Settle Lawsuit Over Recordings Tied to Siri
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The principal purpose of the Broadband Equity, Access, and Deployment (BEAD) Program is to deploy broadband service to all unserved and underserved locations. To achieve this goal, Eligible Entities (states) may fund a variety of technologies that satisfy the BEAD Program’s minimum technical requirements. The BEAD Notice of Funding Opportunity (NOFO) establishes a clear hierarchy of technologies that states must apply when awarding subgrants for Unserved and Underserved Service Projects: (1) Priority Broadband Projects (end-to-end fiber); (2) other Reliable Broadband Service (RBS) projects; and finally (3) Alternative Technology projects (where no subgrant applicants have proposed offering RBS at or below the Extremely High Cost Per Location Threshold (EHCPLT) and the use of Alternative Technology would be less expensive than an RBS project). This Policy Notice outlines the steps states must follow when deciding whether to award BEAD subgrants for Alternative Technology broadband deployment projects. Section 2 provides relevant definitions. Section 3 addresses whether a project area is eligible for an Alternative Technology subgrant, and Section 4 describes conditions that apply to subgrants for the reservation of capacity on low Earth orbit (LEO) satellite networks, if an Eligible Entity chooses to offer this type of subgrant. All BEAD subgrants, including Alternative Technology subgrants, must comply with the terms and conditions of the BEAD Program, including the requirements in the BEAD NOFO. States must seek the most robust technology feasible at each location. As outlined in prior NTIA guidance, states intending to award BEAD subgrants for Alternative Technology must first demonstrate that no RBS was deployable for less than the EHCPLT by leveraging multiple strategies to obtain bids for Priority Broadband Projects and other RBS projects that fall under the EHCPLT. States must ascertain whether BEAD funding for all Broadband Serviceable Locations (BSLs) in a project area is necessary by determining whether an Alternative Technology provider already is providing service that meets the BEAD Program’s technical requirements to BSLs in the project area or is subject to an enforceable commitment to do so. If there are BSLs in the project area where no Alternative Technology is currently providing service that meets the BEAD Program’s technical requirements or is subject to an enforceable commitment to do so, Eligible Entities may consider awarding an Alternative Technology subgrant for those locations.
The Federal Communications Commission's Rural Digital Opportunity Fund (RDOF) kicked off with a reverse auction in October 2020 and has been shrinking ever since, both from big winners not passing more stringent FCC review and a trickle of subsequent defaults. 2024 saw more tumult. While the agency did not grant amnesty to providers looking to opt out as costs rose, it did take steps to ease financing requirements. FCC Chairwoman Rosenworcel, a commissioner in January 2020 when RDOF was voted on, dissented in part from then-chairman Ajit Pai’s initiative, arguing the procedures were rushed and that the agency needed better data before moving forward. “In the end, this is not the broadband plan we need. It is not guided by maps. It is not guided by data,” she said at the time. “It is guided by a desire to rush out the door, claim credit and pronounce our nation’s broadband problems solved.”
This annual survey offers insights into how rural networks are evolving and highlights the challenges and successes of delivering broadband in less densely populated areas. Highlights include:
- In 2024, NTCA members continued to lead the charge in deploying networks that empower increasingly higher downstream and upstream speeds in rural communities. Despite operating in rural areas where the average density is less than seven locations per mile, approximately 89% of respondents’ customers on average can receive downstream speeds greater than or equal to 100 Mbps, up from 84% in 2023. Over 76% of customers on average have access to Gigabit downstream speeds, an increase from 67% in 2023. Upload speeds that are important for critical user applications like video conferencing, remote work and online learning continue to increase as well, with nearly 85% of respondents’ customers on average realizing upload speeds of 100 Mbps or higher and 68% of customers on average having access to Gigabit upstream capability, up from 61% in 2023. These improvements in customer experience are driven by continuing efforts to expand the reach of robust and reliable underlying networks.
- These investments are yielding benefits for American consumers and competitiveness – customers are eager to use higher speeds as they become available. Over 67% of respondents’ customers on average subscribe to 100 Mbps downstream broadband or better, up from just under 60% in the 2023 survey. And for the third consecutive year, the 2024 survey found that subscriptions for 100 Mbps and higher speed downstream services are more popular than lower-speed offerings.
- These network investments are efficient, delivering high levels of reliable capacity not only for residential users but anchor institutions and enterprises in these rural communities as well. The survey report indicates material progress – building upon already high levels of success – in connecting key institutions in rural America with fiber, including the vast majority of schools, public safety entities, 911 call centers, and hospitals in their serving areas.
We supposedly have a decent handle these days of the number of locations that can buy broadband due to the Federal Communications Commission broadband mapping and data collection effort. While some folks will argue about the accuracy of the FCC's National Broadband Map, we know a lot more than we did just a few years ago. The map is supposed to disclose where internet service providers (ISPs) are capable of serving, but not where they have customers. But we still don’t have a handle on how many homes have broadband connections––particularly by neighborhood and geographic areas. That’s because ISPs are not required to report in that level of detail. And they shouldn’t be, because the identity of customers is probably the most important trade secret for any ISP. Yet policy folks have always wanted to know more about broadband adoption rates. It’s hard to develop state and local policies and programs to get more Internet into homes without knowing specifically who does and doesn’t have broadband, computers, etc.
The U.S. Court of Appeals for the 6th Circuit struck down the Federal Communications Commission's “net neutrality” rules governing internet service providers. The Federal Communications Commission had considered the reinstatement of net neutrality a major accomplishment under the Biden administration. The reversal is a glimpse of the years ahead, during which President-elect Donald Trump’s team has vowed to broadly undo his predecessor’s regulation of private-sector companies. The 6th Circuit said in its decision that internet service providers were not just dumb pipes, as the FCC has contended, and that, for that reason, internet service cannot be regulated as a mere utility service like power, water and traditional telephone lines. Advocates of net neutrality have long argued that such rules are necessary to keep internet service providers from abusing their power against consumers—for instance, by slowing down access to certain websites or types of content. Opponents say that there is limited evidence that internet service providers choose to discriminate against content this way, and that heavier oversight would weigh on innovation. Andrew Jay Schwartzman, senior counsel at the Benton Institute for Broadband & Society, said “This is bad for consumers, for businesses that rely on the internet, and for protecting broadband networks from intrusions by nation states.”
Apple agreed to pay $95 million in cash to resolve a class-action lawsuit that alleged the company obtained private communications and shared them with third parties without consent through Siri. The plaintiffs in the lawsuit alleged that Siri was activated unintentionally and went on to share confidential or private discussions overheard by the voice-driven virtual assistant with Apple. The proposed settlement requires Apple to address the alleged privacy violations by requiring the company to confirm it has permanently deleted individual Siri audio recordings obtained prior to October 2019 six months after it goes into effect. It also will require the iPhone maker to publish details explaining to users how they may opt in to a choice to improve Siri.
Congressman Brett Guthrie (R-KY), Chairman-Elect of the House Committee on Energy and Commerce, announced the Committee’s Senior Staff members for the 119th Congress:
- Joel Miller will serve as the Chief Counsel, managing the policy and legislative strategy of the Committee and overseeing the subcommittees.
- Jessica Donlon will serve as the General Counsel.
- Chris Sarley will serve as Senior Advisor and Director of Member Services and Stakeholder Engagement.
- Matt VanHyfte will serve as Director of Communications.
On December 31, 2024, Federal Communications Commission Chairwoman Jessica Rosenworcel released a note reflecting on the agency's work over the course of 2024. "The end of the year is always a time for reflection," Chairwoman Rosenworcel said. "That’s especially true for me in 2024 as my service at the Federal Communications Commission is coming to a close. It has been the honor of a lifetime to serve in this role and a special privilege to be the first woman confirmed to do so." The Chairwoman categorized her time at the FCC into five core values:
- Making communications available to all, including managing the Affordable Connectivity Program, expanding E-Rate rules to include wifi hotspots and encouraging Tribal participation, updating the National Broadband Map, and reigniting the 5G Fund for Rural America;
- Making communications more just for more people in more places, which encompasses the introduction of the 988 Suicide & Crisis Lifeline, the establishment of a new alert code for Missing and Endangered Persons, the expansion of efforts to protect domestic violence survivors, and the implementation of the Martha Wright-Reed Just and Reasonable Communications Act;
- Protecting consumers, including combatting unwanted texts and AI-generated robocalls, launching a formal proceeding to review the quality of support that internet service providers give their customers, and kicking off a formal inquiry into providers’ use of data caps on consumer broadband services;
- Putting national security and safety front and center by assisting with hurricane recovery efforts and other disasters, adopting rules to expedite the transition to Next Generation 911, expanding access to spectrum in 4.9 GHz band for first responders, and adopting the framework for a new voluntary cybersecurity labeling program for wireless Internet of Things products, among other items; and
- Leaning into the future through actions such as those by the new FCC Space Bureau, by opening up spectrum to new uses and technologies, and raising the National broadband speed benchmark to 100 Megabits up and 20 Megabits down and setting a long-term goal of 1 Gigabits to meet the growing needs of connectivity across the country.
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.
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