Tuesday, May 19, 2020
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FCC Agenda

The FCC's June 2020 meeting agenda includes the following:
- Auction procedures for Phase I of the Rural Digital Opportunity Fund: Adopting these auction procedures now will allow service providers that hope to bid in the auction to start planning for the upcoming October 29, 2020 start date. The FCC is moving forward quickly in order to make sure that areas we know don’t have broadband service—where as many as 11.7 million Americans live and work—get it as quickly as possible.
- Innovative new uses of the 71–76 GHz, 81–86 GHz, 92–94 GHz, and 94.1–95 GHz bands (collectively known as the 70/80/90 GHz bands): The FCC seeks comment on potential rule changes for commercial users to facilitate the provision of wireless backhaul for 5G, as well as the deployment of broadband services to aircraft and ships, in these bands. Because this is co-primary spectrum for federal and non-federal users, the FCC will coordinate any proposed rule changes with affected agencies through the National Telecommunications and Information Administration.
- Interpretation of section 6409(a) of the Spectrum Act provides in part that “a State or local government may not deny, and shall approve, any eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station.” In plain English, we want to resolve uncertainty about section 6409(a) in order to expedite the process for state and local governments to review applications to deploy wireless infrastructure.
- ATSC 3.0, the next-generation standard for broadcast TV: The standard promises to finally realize the potential for broadcast spectrum capacity to support “Broadcast Internet” services— digital services beyond traditional over-the-air video, integrated into the broadband ecosystem. The FCC will vote on a Declaratory Ruling that would clarify how long-standing television station ownership rules apply to the lease of spectrum to provide Broadcast Internet services. This decision would remove regulatory uncertainty that could hinder the development of new innovation using available broadcast airwaves. The FCC will also be seeking comment on the extent to which the FCC should clarify or modify its existing rules in order to further promote the deployment of Broadcast Internet services as part of the transition to ATSC 3.0.
- An enforcement item.

Federal Communications Commission Chairman Ajit Pai shared draft procedures for the upcoming $16 billion Phase I Rural Digital Opportunity Fund auction (Auction 904). With financial support from the auction, service providers will expand broadband service to millions of unserved homes and businesses in rural areas. At the FCC’s June 9 open meeting, the FCC will vote on finalizing these draft procedures. Auction 904 is the first phase of the FCC’s $20.4 billion Rural Digital Opportunity Fund initiative, which is modeled on the FCC’s successful Connect America Fund Phase II auction in 2018. Bidding in Auction 904 is scheduled to begin on October 29, 2020.
The draft auction procedures attempt to strike a balance between building sustainable networks that will meet the needs of the future while maximizing the number of locations that receive service. The auction targets census blocks that current data show are wholly unserved. Funds will be allocated through a multi-round reverse auction format similar to that used in the Connect America Fund Phase II auction. The Rural Digital Opportunity Fund Phase I auction more than doubles the minimum speeds that providers must deliver to 25/3 Mbps. It also prioritizes bids offering to provide even faster speeds (up to a gigabit) and lower latency by giving those bids greater weight in the auction and awarding support to the bidder offering the best combination of speed and latency in each area once the aggregate price of all bids drops below the auction’s budget. These bidding procedures will enable providers to start planning for the start of the auction in October by determining the amount of support they will need to provide a specified level of service to a specified set of eligible areas.
The draft timetable for availability of materials and deadlines for the auction:
- Online auction application tutorial would be available by June 15
- Short-form application (FCC Form 183) filing window would open July 1
- Short-form application (FCC Form 183) filing window would close July 15
- Auction bidding tutorial would be available online by October 14
- Mock auction would begin October 26
- Auction would begin October 29

Nothing in US history has exposed the rural digital divide as has the COVID-19 pandemic. Too many students in rural communities are being asked to participate in “distance learning” but are being left behind because their community’s infrastructure is insufficient. Adults, too, in rural communities are struggling with access to job listings and unemployment benefit applications as these services are frequently only available online. Without access to broadband, working from home is not an option, nor are the video chat services that many of us use to catch up with our friends and family. Prior to COVID-19, the Federal Communications Commission announced its next step to bridge the digital divide, the Rural Digital Opportunity Fund (RDOF). With more competition and less predictability to factor into bid decisions, the caliber of the analysis on prospective markets – the demographics, the services, and the best technology to deploy -- is more critical than ever to the development of bids that will have a high probability of success and profitability. With focused decisions on fiber and fixed wireless architectures, supported by automated planning tools, you’ll be in a position to undertake in-depth, detailed comparative analysis of hundreds of markets and define your bid packages with greater precision and confidence.
[Raj Singh serves as CEO of VCTI, the broadband network services firm]

Federal Communications Commissioner Brendan Carr announced that the FCC will vote on his plan to promote the build out of Broadcast Internet services. These are a range of innovative offerings that can be delivered over the same, powerful broadcast television spectrum that blankets US communities today. These Broadcast Internet services are enabled by a new broadcast transmission standard known as ATSC 3.0 and delivered over an efficient one-to-many architecture. The FCC will vote on the item—a Declaratory Ruling and Notice of Proposed Rulemaking—at its June Open Meeting. The Declaratory Ruling would ensure that Broadcast Internet services are not weighed down by legacy media regulations by clarifying that the FCC’s broadcast television station ownership rules do not apply to leasing arrangements between broadcasters and third parties for the provision of Broadcast Internet services. This will help ensure that market forces determine the highest and best use of Broadcast Internet services and allow innovators to generate the geographic footprint that may be needed to deliver competitive offerings. The Notice of Proposed Rulemaking would seek comment on whether to clarify or modify the FCC’s existing rules to further promote the deployment of Broadcast Internet services.

Life has moved online during the coronavirus pandemic, and access to the internet has shone a new light on America's inequality crisis. Nearly 15% of American households do not have a home internet subscription, including dial-up, broadband or a cellular data plan, according to US Census estimates from 2018. For low-income earners, that percentage is more than double the national average. "It took this pandemic for people to realize that tens of millions of people don't have [an] internet connection," said Gigi Sohn, distinguished fellow at the Georgetown Law Institute for Technology Law and Policy and Benton Senior Fellow and Public Advocate. Experts say further investments in internet infrastructure and federal funding programs are needed to change the structural failures that created the current inequality. The pandemic is an opportunity for policymakers and the industry to push longer-term fixes, said Jonathan Spalter, CEO of industry trade group USTelecom. "I don't think there's ever been a time where all parties, all political perspectives, have been so aligned in understanding the truly critical role that broadband is playing for all Americans today," Spalter said.

At the Federal Communications Commission’s request, nearly 800 communications companies and trade groups signed the “Keep Americans Connected” pledge. The signatories agreed not to terminate service to any residential or small business customer, and to waive any late fees incurred, due to economic disruptions caused by the COVID-19 pandemic. Many providers went even farther, increasing speeds and capacity and giving new low-income customers free service for two months. The pledge, initially made for March 15 through May 15, was subsequently expanded to June 30. But the hardships caused by the pandemic crisis will last far longer, especially for at-risk populations. So how do we keep Americans connected after—perhaps long after—the pledge expires? The need for a longer-term solution is critical. After June 30, there are three possible paths we can take.
- One is to extend the pledge. But many communications companies, already saddled with millions of dollars in bad debt, will be unwilling or unable to do that.
- Another option is to simply let the commitments expire. Many customers will likely be disconnected in the process.
- The third and best option is federal government support, similar to what has been seen in other sectors. During the emergency, the federal government must underwrite some of the cost of Internet access, using a voucher program similar to existing Lifeline services, that would directly assist struggling consumers. That way, they can stay online without undue hardship or damage to their credit.

The last time the country faced an economic crisis, Congress saw broadband as a significant tool to jumpstart the recovery. Central to that effort was the 2010 National Broadband Plan, which addressed three fundamental questions: (1) How does our country get broadband networks everywhere, (2) how do we get everyone on those networks, and (3) how can we use broadband to improve the delivery of health care, education, public safety, economic opportunity, and other critical services? As the country continues to struggle with persistent digital divides amid a new economic crisis brought on by the COVID-19 pandemic, the ongoing need is clear. However, the federal government has not reevaluated or updated the plan in nearly a decade. Fortunately, in early May, Senator Ed Markey (D-MA) introduced legislation that, if passed, would require the Federal Communications Commission to update the original plan. An update is long overdue.

We served together on the Federal Communications Commission for nearly four years as commissioners: a Democrat from South Carolina and a Republican from Virginia. While we sometimes disagreed, we worked hard with our colleagues to expand broadband deployment and adoption to all Americans — especially the unserved and underserved. And the need to do so is made more acute by the current pandemic. In the midst of this scourge, the importance of broadband to help save lives, jobs and the economy has never been clearer. But too many people affected by the COVID crisis are at risk of not being able to pay for their broadband connections, thus threatening their ability to find a new job, further their children’s education, communicate with a doctor who could save their lives and maintain critical connectivity to friends and family. Thankfully, Congress can pass legislation that will help Americans stay connected with a simple program that uses competitive market forces and that will last only as long as the COVID crisis. Bipartisan and fiscally responsible legislation could be passed to include a temporary monthly broadband connectivity voucher to help for those in need.
[Mignon Clyburn served as a commissioner of the FCC from 2009 to 2018 serving as Acting Chair from May 2013 to October 2013. Robert McDowell served as a commissioner of the FCC from 2006 to 2013 and is a partner at Cooley LLP, where he is co-leader of its global communications practice.]

Every year, BroadbandNow delves into the world of municipal broadband with a report on which states have made it illegal for towns and cities and counties to set up their own ISPs, or make it really difficult. The report for 2020, written by telecom analyst Kendra Chamberlain, has a silver lining, though. Since the 2019 report, the number of states actively blocking or outlawing municipal broadband has dropped from 25 to 22. Those three states now allowing muni-based internet are Arkansas, California (which actually passed a law in 2018 to stop restrictions), and Connecticut. In addition, seven states now have task forces in place to try to get more broadband: Idaho, Louisiana, Minnesota, North Carolina, Oregon, Texas, and Washington. The reason tends to be that lawmakers finally see the gaps in broadband coverage, and sometimes only locals are in a position to do something about it—or they're the only ones who care, since major ISPs don’t want to move into an area that won't give them more cost benefits.

If California is really the global tech capital, why is it so hard for small towns there to get the internet service they need? One answer to that question is in Gonzales, a Salinas Valley settlement of 9,000. While California’s biggest cities now struggle to provide internet access for people to work and study from home, Gonzales solved that problem a few months ago. Before the pandemic hit, the town offered broadband service, free of charge, to all its residents. The story behind this rare achievement — Gonzales is the first Central Coast city to do this — offers lessons about power and how communities can beat the odds.
[Joe Mathews is Connecting California columnist and California editor at Zócalo Public Square, an Ideas Exchange that is a project of New America and Arizona State University.]

With some states beginning to lift stay at home restrictions during the coronavirus outbreak, Charter is offering a free month of service to new business customers. The cable company said new small- and medium-sized business (SMB) subscribers across its 41-state service footprint can claim the offer, which includes a credit for video, internet and voice services along with free standard installation. Charter has also offered seasonal plans at reduced rates to SMB customers that have temporarily closed or because those customers have reduced their service offerings to their own customers.

Change is in the air for the telecommunications sector as vendors and service providers grapple with the fallout from COVID-19. While it may be too soon to carve all of the changes into granite, it does seem as though the industry is headed towards the dawning of a new era. Adding more capacity going forward is top of mind for most service providers. But now that service providers, businesses and other organizations know that their employees can work from home (WFH) how many will return to the office space once the coronavirus restrictions loosen up across the board? World Wide Technology's Neil Anderson, senior director of network solutions, expects a hybrid-working environment to emerge. Anderson sees a swing towards corporate-managed access points, more robust routers, and corporate provided phones as part of an increased focus on standardized home office infrastructure that can be managed by a business or service provider.

Homeschooling students amid the coronavirus pandemic significantly amplifies economic inequities between households. Household income and a family's employment status can determine whether a student has the resources to learn remotely. Income significantly affects access to broadband and data plans, the foundations of keeping up with schoolwork when classes are cancelled. With web-based learning as the new norm, students are dependent on access to the internet and computers to obtain their education. High-income and low-income students will not experience remote schooling in the same way, and low-income students will need more support to obtain the level of access vital to their education.

Twitter CEO Jack Dorsey stunned Oakland schools and city leaders with a $10 million donation to a campaign aimed at providing computers and internet access to all students in the Oakland Unified School District. Dorsey's donation came after a group of city officials including Oakland Mayor Libby Schaaf and district Superintendent Kyla Johnson-Trammel held an online news conference announcing the effort. Schaaf posted a clip of the meeting on her Twitter page, prompting the response from Dorsey. The city, district, Oakland Public Education Fund and the nonprofit organization Tech Exchange launched the campaign to raise $12.5 million, which Schaaf has said would ensure all of the district's 50,000 students have internet access for online classes and studying.

It took less than a week at the end of February for the top 10 Amazon search terms in multiple countries to fill up with products related to COVID-19. You can track the spread of the pandemic by what we shopped for: the items peaked first in Italy, followed by Spain, France, Canada, and the US. The UK and Germany lag slightly behind. “It’s an incredible transition in the space of five days,” says Rael Cline, Nozzle’s CEO. The ripple effects have been seen across retail supply chains. But they have also affected artificial intelligence, causing hiccups for the algorithms that run behind the scenes in inventory management, fraud detection, marketing, and more. Machine-learning models trained on normal human behavior are now finding that normal has changed, and some are no longer working as they should. How bad the situation is depends on whom you talk to. According to Pactera Edge, a global AI consultancy, “automation is in tailspin.” Others say they are keeping a cautious eye on automated systems that are just about holding up, stepping in with a manual correction when needed.

The economics of rolling out connections to the most rural parts of Africa presents a hefty challenge for the hopes of many in the telemedicine world. Data compiled by M-Lab, an open source project backed by Google and various universities, shows that Madagascar is the only African country with broadband speeds anywhere close to those available in Europe and Asia, as a submarine cable lands on the island. Most other African nations rely on 3G and 4G signals, or long-distance WiFi technology Wi-Max. Six of the 40 African countries included in the M-Lab data connect at average speeds of less than 1 Mbps compared with 54 Mbps in the UK. Slow connection speeds and “not spots” — areas devoid of mobile coverage — are significant barriers for telehealth in the developing world. Regulation and problems transporting data over wireless networks designed for public use also pose problems.
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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