Wednesday, March 24, 2021
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FCC Seeks Comment on the State of the Lifeline Marketplace
FCC Reaches Out to Collect Consumer Broadband Availability Experiences
Digital Inclusion



Broadband Infrastructure















Wireless







Education and Health



Net Neutrality




Platforms/Social Media







Emergency Communications


Diversity

Security/Privacy



Policymakers



Digital Inclusion

In the 2016 Lifeline Order, the Federal Communications Commission directed the Wireline Competition Bureau to submit a State of the Lifeline Marketplace Report by June 30, 2021. The FCC directed the Bureau to review the Lifeline marketplace and make a recommendation to the FCC regarding whether the Lifeline program’s transition to chiefly supporting broadband services, as set out in the 2016 Lifeline Order, should be completed. By this Public Notice, the Bureau seeks input on the state of the Lifeline marketplace to inform the Bureau’s review for the report it will submit to the FCC, including the prevalence of subscriptions to various service offerings in the Lifeline program, the affordability of both voice and broadband services, the pace since adoption of the 2016 Lifeline Order at which voice and data usage has changed, minimum service standards, and the net benefits of continuing to support voice service as a standalone option. The Bureau also seeks comment on the intersection between the Emergency Broadband Benefit Program and the Lifeline marketplace.
Interested parties may file comments on or before April 19, 2021 and reply comments on or before May 4, 2021. [WC Docket No. 11-42]

In our 2017 article, titled “Creating Caring Institutions for Community Informatics,” Dr. Miriam Sweeney (University of Alabama) and I explored the potential affordances of applying a feminist ethics of care approach to public libraries and community technology centers–the places where people go when they are unable to pay for the Internet at home. As the Biden Administration, members of Congress, and the Federal Communication Commission continue to push important legislation and federal programs forward to address the digital divide, I believe there is an urgent need to develop new ways of thinking about digital equity that embrace some of those ideas. Our feminist ethics of care in digital equity work must be intersectional. The time is now to bring together care workers with digital equity practitioners, researchers, and policymakers to ensure that federal policies and programs connect to those who need broadband the most.
[Dr. Colin Rhinesmith is currently a Senior Faculty Research Fellow with the Benton Institute]

A House Commerce hearing on March 22 showcased tense partisan divisions over potential broadband infrastructure fixes. The sparring comes as Biden’s advisers eye up to $3 trillion in proposed economic boosts that could be split across multiple packages and would include explicit broadband and 5G provisions. Republicans bashed Democrats’ LIFT America Act for prioritizing much faster broadband speeds as a federal benchmark, with upload and download speeds made identical to one another (as opposed to today’s, where download is much higher). Republicans fear that upping that definition could mess up the roll out of the billions in subsidies presented in the bill, potentially postponing development of new broadband mapping and causing internet service providers to prioritize upgrades in regions where it’s cheaper and easier (read: not rural areas). House Commerce Committee Chairman Frank Pallone (D-NJ) said the bill “is a beginning” and “work in progress” with Republicans. Former Obama-era Federal Communications Commission Chairman Tom Wheeler sought to dispel GOP fears, saying “there’s nobody in the back of the line” under its framework and insisting the maps should function as a database, without a need to be rewritten to accommodate faster speeds. Democrats touted LIFT’s focus on building out fiber internet, key to boosting 5G wireless connectivity. “You cannot deregulate your way to full coverage,” Wheeler added of GOP proposals, which center on streamlining broadband buildout permitting and which don’t contemplate the score of billions that Democrats want. It’s not yet certain whether Democrats will try to use a tool like budget reconciliation to jam through these broadband infrastructure ambitions (that tool, as with the pandemic relief, would let them do so without GOP backing). If they don’t, the hearing's tensions could mean serious negotiation is in order to yield a bipartisan package that could clear both chambers.

The Federal Communications Commission announced it will begin collecting first-hand accounts on broadband availability and service quality directly from consumers as part of its Broadband Data Collection program. A new webpage, www.fcc.gov/BroadbandData, explains the FCC’s program and provides direct links to consumer resources including a new “share your broadband experience” option. As the Commission develops the tools needed to enhance the accuracy of its existing broadband maps, this new form provides a way for consumers to share their broadband experiences. Stories shared by consumers will help to inform the work of the FCC’s cross-agency Broadband Data Task Force.
In addition to enabling consumers to share their experiences, the new web page will serve as an informational hub for the Broadband Data Collection program, highlighting milestones and providing updates for consumers, state, local, and Tribal government entities, and other industry stakeholders. The page contains links to reports and educational materials, as well as FCC releases related to the program. Once launched, information about the new Broadband Data Collection reporting systems will also be posted to the page.

Congress is going big on broadband. It has appropriated more than $20 billion to spend on broadband in just the last several months. That is a huge amount compared to past efforts, equating to almost 25% of the annual revenues of the entire fixed broadband industry. And, in the wings is an infrastructure bill that could deliver another whopping $100 billion in spending. As legislators begin to sign more broadband stimulus checks, it is imperative that they establish critical safeguards and avoid classic traps that have undermined past programs. Such guardrails can make the difference between a golden age of broadband investment, or a costly sinkhole that squanders billions and does little to close actual broadband gaps.
- Serve the Neediest First: The government shouldn’t step in to subsidize higher speeds while there are communities that have no broadband.
- "Future Proofing" Networks Can Backfire When Solving the Broadband Gap
- Let Engineers Rather Than Regulators Design Networks
Fixed Wireless Provider Nextlink Responds to RDOF Critics, States Its Case for $429 Million Buildout

Representatives from broadband provider Nextlink met with Federal Communications Commission officials in response to a range of criticism the company has received regarding its provisional win in the Rural Digital Opportunity Fund (RDOF) auction. The company was one of the biggest winners in the auction and will receive $429 million for rural broadband buildouts in seven states if the FCC approves its long-form RDOF application. Nextlink has come under fire from critics who argue that the company plans to use unproven fixed wireless technology to provide gigabit speeds. In addition, some critics have argued that the company will not be able to scale its operations or that it lacks proper capitalization. These allegations are “speculative, uninformed and misguided,” Nextlink said.

The digital divide leaves millions without access to high-speed broadband and the immense opportunities it provides. I’m proud to say that we have secured a historic broadband investment in the American Rescue Plan. First, $10 billion for broadband deployment and infrastructure, digital inclusion and other efforts to close the digital divide. These funds represent one of the most important broadband investments ever made in the history of the United States. Similar to my December proposal with a bipartisan group of colleagues, this funding will be provided directly to states, territories and tribal governments in order to support broadband deployment and a broad set of flexible uses to improve broadband infrastructure, digital inclusion and related efforts to close the digital divide. Final allocations will be determined by the Administration providing they align with Congressional intent in these provisions, but Maine is set to receive roughly $120 million from this fund. More than $7 billion to expand educational connectivity. Without access to teachers or the ability to complete assignments — commonly known as the “homework gap” — these students have fallen behind in the past year. I’ve been pushing for funds to address this crisis for the past year through the Emergency Educational Connections Act, and I’m thrilled to say that the American Rescue Plan includes more than $7 billion to help ensure that all K-12 students have home internet connectivity and the necessary capabilities to learn remotely during the pandemic.

Louisiana should partner with the Federal Communications Commission to maximize funding for broadband infrastructure, said former Federal Communications Commission Chairman Ajit Pai. The FCC's Rural Digital Opportunity Fund is a $20.4 billion program meant to promote broadband internet access in unserved and underserved areas. Thirteen providers seeking to offer service in Louisiana received a total $342.2 million last year in the program’s first phase. The next phase of the program will focus on “filling in partially served areas,” said Pai. He urged state officials to work closely with the FCC, in particular people who are working on maps to show where the needs are, when deciding where to make broadband investments. “It’s important for Louisiana and the agency to work closely together to make sure that the dollars you’re about to get are stretched as far as they possibly can be,” he said. Implementing “dig once” policies, ensuring conduits for internet service can be laid inexpensively when a road is dug up for repairs, also can help promote access in a state, Pai said. He also advocated municipalities promoting “quicker and cheaper” access to utility poles to streamline deployment.

The Federal Communications Commission has been in overdrive in recent months as billions of dollars in 5G investments put new demands on its staff. The coronavirus pandemic has complicated matters even more by highlighting the millions of Americans who lack broadband access for work and school. The FCC’s earliest 5G-focused auctions sold off millimeter-wave licenses, which support extremely fast internet connections but suffer over long distances. FCC Acting Chairwoman Jessica Rosenworcel says US authorities were slow to recognize the economic importance of more middle-of-the-road frequencies, though the government is now making up for lost time. More broadly, the new FCC chief says, the government must make reaching all citizens “a national priority.” She says 5G technologies can help fill that need by competing with cable and fiber-optic service to the home, though wireless service alone won’t bridge the digital divide. Universal service “might sound like a big, audacious task, but remember, a century ago we did it with electrification,” she says.

The Federal Communications Commission has a new $7 billion pot for schools to recoup the costs of paying for student and teacher access to broadband at home — and now the agency must figure out how to distribute the money. Here are six critical issues that companies keeping track of the FCC program should watch for:
1. What Devices and Services Will Be Eligible?
2. Will Purchases From 2020 Be Eligible?
3. How Will Procurement Work?
4. How Fast Does Broadband Need To Be For Remote Learning?
5. What About E-rate Expansion to Help with Off-Campus Connectivity?
6. What About Permanent Funding?

Mozilla together with other internet companies ADT, Dropbox, Eventbrite, Reddit, Vimeo, Wikimedia, sent a letter to the Federal Communications Commission asking the agency to reinstate net neutrality as a matter of urgency. With the recent appointment of Acting Chairwoman Jessica Rosenworcel to lead the agency, there will be a new opportunity to establish net neutrality rules at the federal level in the near future, ensuring that families and businesses across the country can enjoy these fundamental rights. “By using its authority to restore net neutrality at the federal level, the FCC can help protect families and businesses across the country that rely on high-speed broadband access and help spark our recovery,” the companies wrote.
Policymakers
President Biden Announces his Intent to Nominate Lina Khan for Commissioner of the Federal Trade Commission

President Joe Biden announced his intent to nominate Lina Khan for Commissioner of the Federal Trade Commission. Khan is an associate professor of law at Columbia Law School, where she teaches and writes about antitrust law, infrastructure industries law, and the antimonopoly tradition. Her antitrust scholarship has received several awards and has been published by the Yale Law Journal, Harvard Law Review, Columbia Law Review, and University of Chicago Law Review. Khan previously served as counsel to the U.S. House Judiciary Committee’s Subcommittee on Antitrust, Commercial, and Administrative Law, where she helped lead the Subcommittee’s investigation into digital markets. Khan was also a legal advisor in the office of Commissioner Rohit Chopra at the Federal Trade Commission and legal director at the Open Markets Institute. She is a graduate of Williams College and Yale Law School.

Federal Communications Commissioner Brendan Carr announced that Danielle Thumann has joined his office as Legal Advisor. Ben Arden, who has been serving as a Legal Advisor in Commissioner Carr’s Office since 2019, will serve as Carr’s Chief of Staff.
Danielle joins Commissioner Carr’s office from the Washington (DC) office of Wilkinson Barker Knauer, LLP where she focused on a wide variety of regulatory, policy, and transactional issues, with a special focus on infrastructure, public safety, and spectrum policy. After attending the University of Virginia for her undergraduate degree, Danielle earned her JD cum laude from the Catholic University of America’s Columbus School of Law where she was Associate Editor of the Catholic University Law Review. She also earned a certificate from the Columbus School of Law’s Law & Technology Institute.
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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