Daily Digest 5/20/2020 (Karen Blumenthal; Nick Kotz)

Benton Institute for Broadband & Society
Table of Contents

Broadband/Internet

The FCC has received hundreds of complaints about carriers’ coronavirus pledge  |  Read below  |  Makena Kelly, John Eggerton  |  Vox, Multichannel News, Pittsburgh Post-Gazette
‘We need to stop screwing around’  |  Read below  |  Emily Birnbaum  |  Protocol
State of Illinois Announces Illinois Connected Communities Grants to Assist Communities with Expanding Broadband access and use  |  Read below  |  Press Release  |  Illinois Department of Commerce & Economic Opportunity
Cooperatives Fiberize Rural America: A Trusted Model For The Internet Era  |  Read below  |  H Trostle, Katie Kienbaum, Michelle Andrews, Ny Ony Razafindrabe, Christopher Mitchell  |  Analysis  |  Institute for Local Self-Reliance
CenturyLink Building Fiber and Delivering Faster Internet to More Consumers and Businesses  |  CenturyLink
Roberto Gallardo: Bringing Communities into the Digital Age  |  State and Local Government Review

Wireless/Spectrum

House Commerce Committee Republican Leaders Comment on Ligado  |  Read below  |  Rep Greg Walden (R-OR), Rep Bob Latta (R-OH), Rep Cathy McMorris Rodgers (R-WA)  |  Press Release  |  House Commerce Committee
Commissioner Carr Announces 5G Upgrade Order On FCC's June 2020 Agenda  |  Read below  |  FCC Commissioner Brendan Carr  |  Press Release  |  Federal Communications Commission
Commissioner Carr Remarks on Wireless Infrastructure: Enabling the 5G Upgrade  |  Read below  |  FCC Commissioner Brendan Carr  |  Speech  |  Federal Communications Commission

Security

Sen Rubio Appointment as Acting Chairman of Intelligence Committee Could Mean More Trouble for Tech and Telecom Giants With Ties to China  |  Read below  |  Alexandra Levine  |  Politico
FCC Grants 30 Day Extension to China Unicom Americas To Explain Why FCC Should Not Revoke Authorizations  |  Multichannel News
Calls between the House and Senate should be encrypted, lawmakers say  |  Vox

Emergency Communications

FirstNet Authority Statement on National Fraternal Order of Police, AT&T Alliance to Educate Officers about the FirstNet Network  |  First Responder Network Authority

Journalism

Media cuts weigh on industry morale  |  Axios
New York Times phasing out all 3rd-party advertising data  |  Axios
$4.7 Million Grant From Eric & Wendy Schmidt to NPR Collaborative Journalism Network  |  National Public Radio

Content

Should there be a public health exemption for Section 230?  |  Brookings Institution
Misinformation about coronavirus finds new avenues on unexpected sites  |  Washington Post

Labor

House Democrats press Google over report of scaled-back diversity efforts  |  NBC
Facebook to Limit Offices to 25% Capacity, Require Masks at Work  |  Bloomberg

Elections

Money still pouring into election ads  |  Axios

Agenda

FCC Announces Tentative Agenda for June 2020 Open Meeting  |  Read below  |  Press Release  |  Federal Communications Commission

Stories From Abroad

Right to Privacy Extends to Foreign Internet Users, German Court Rules  |  Read below  |  Melissa Eddy  |  New York Times
US Is Using Taiwan as a Pressure Point in Tech Fight With China  |  New York Times

Life as we know it now

In pandemic, adult entertainment becomes more like social networking  |  Axios
The Hot New Thing in Clubby Silicon Valley? An App Called Clubhouse  |  New York Times
Coronavirus Shutdowns Weigh on Book Sales  |  New York Times
Today's Top Stories

Broadband/Internet

The FCC has received hundreds of complaints about carriers’ coronavirus pledge

Makena Kelly, John Eggerton  |  Vox, Multichannel News, Pittsburgh Post-Gazette

In a statement to the House Commerce Committee, Federal Communications Commission Chairman Ajit Pai said the agency has received around 2,200 complaints related to theCOVID-19 pandemic. Of those complaints, 1,400 have received a response from the carrier, Chairman Pai said. Around 500 of those total complaints were filed specifically about the FCC’s Keep Americans Connected Pledge, the agency’s primary response to the pandemic. “The other COVID-19 complaints involve questions about billing or network issues or broadband access generally,” Chairman Pai said. “It’s my understanding that most of the complaints that we have received about the pledge have been resolved to ensure that the consumer remains connected,” Chairman Pai said. Democrats focused slightly more on the deficits the pandemic had exposed, while Republicans focused more on what the FCC was doing to help out given the current state of broadband, however it was characterized. But both sides praised FCC Chairman Ajit Pai's Keep Americans Connected pledge and the 750-plus ISPs who had signed on to it, then re-upped for the extended version

  • Chairman Pai told Committee Chairman Frank Pallone (D-NJ) that the FCC did not have the authority to use E-rate schools and libraries broadband subsidy money to fund home broadband for students or devices like tablets and computers, but that the FCC had pushed for that authority from Congress in a distance learning initiative similar to the FCC COVID-19 telehealth program Congress authorized in the CARES Act.
  • While the FCC has approved $33 million in telehealth funding, it has only received one certified invoice--so virtually none of the $200 million authorized in the program has made it out the door yet. 
  • Rep. Bill Johnson (R-OH) asked about the accuracy of a number of challenges by carriers to the FCC's preliminary list of census blocks where there is no broadband and thus eligible for some of the $16 billion in the FCC's reverse auction of Rural Digital Opportunity Fund (RDOF) money for rural broadband buildouts. Chairman Pai Pai responded that FCC staffers were carefully reviewing those challenges for areas that should be included of excluded from the preliminary list. 

‘We need to stop screwing around’

Emily Birnbaum  |  Protocol

An interview with House Commerce Committee Ranking Member Greg Walden (R-OR).

When asked, "What are your thoughts on the broadband provisions that are in the recent Democratic package they released? You talk a lot about the digital divide, you've discussed it for so many years — is there anything in there that you're compelled by that you would get behind?" Ranking Member Walden said, "We're still working our way through it. This is hard for me to say — despite the 3 trillion, it actually doesn't fully fund the Broadband DATA Act, so that's kind of ironic. But we obviously weren't consulted in any of this, and I understand that was their plan all along, and obviously there are lots of places in there where we can work together on some of these things. But I do worry that the voluntary commitments of some of the carriers — to waive fees, to do all of the things they've done in this emergency — are laudable, but I hope it doesn't become 'every good deed goes punished' by the federal government, so what you do voluntarily in the crisis becomes mandatory in statute. I think that's not the way to go. I know we need to close the digital divide, I've supported that for a long time. We're still going through it. Clearly, the telehealth [provision] makes a lot of sense, but there's some issues there. And remember we've done some hearings on the telehealth, and some states have done amazing work with very little money. There are a whole bunch of barriers we need to break down on telemedicine, and they have during the emergency. Those ought to stay down, but there's more work to do."

State of Illinois Announces Illinois Connected Communities Grants to Assist Communities with Expanding Broadband access and use

The Illinois Department of Commerce and Economic Opportunity (DCEO) Office of Broadband announced the new Illinois Connected Communities grant program designed to assist local governments, schools, and community organizations with building broadband capacity. The $150,000 grant opportunity will help communities close existing gaps and lay the groundwork for improved broadband access, adoption, and utilization. A product of partnership between the Illinois Office of Broadband and the Evanston-based Benton Institute for Broadband & Society, the Illinois Connected Communities program is designed to engage a first-year cohort of communities through best practice curriculum, expert consultation, and up to $15,000 for initial community planning and capacity building. By collaborating with the Benton Institute and area philanthropy, the State of Illinois will leverage additional funds of at least an equal amount to provide expert consultations and best practices curriculum available to the grantees. 

Grantees will participate in a combination of focused in-person and/or online community-specific, cohort-wide, and regional activities throughout a period up to 12-months in duration. These activities will involve a representative community broadband Steering Committee and build toward creation of a community-driven Broadband Strategic Plan. At any point during the program communities may invest their grant funding toward one or more of the following:

  • Connected Community staff time or overhead
  • Study, planning, or preparation for broadband access, adoption, or utilization
  • Additional broadband-related support, technical assistance, or consultative services

Applications accepted through June 12th

Cooperatives Fiberize Rural America: A Trusted Model For The Internet Era

H Trostle, Katie Kienbaum, Michelle Andrews, Ny Ony Razafindrabe, Christopher Mitchell  |  Analysis  |  Institute for Local Self-Reliance

This report illustrates the remarkable progress cooperatives have made in deploying fiber optic Internet access across the country. It features updated maps that show areas already covered by cooperative fiber networks, areas where cooperative fiber networks expanded between June 2018 and June 2019, and areas where cooperatives are currently building out new infrastructure. A few important takeaways: 

  • More than 210 cooperatives across the country offer gigabit Internet access to residents and businesses.
  • 82% of North Dakota and 53% of South Dakota landmass is served by fiber from cooperatives, and residents enjoy some of the fastest Internet access speeds in the nation.
  • Since 2017, some states have eased restrictions on cooperative broadband networks, while others have gone even further by enacting legislation to facilitate the deployment of cooperative broadband networks.  
  • A series of local stories highlights how broadband has changed lives by improving access to education, healthcare, and economic opportunities.  

Wireless

House Commerce Committee Republican Leaders Comment on Ligado

Rep Greg Walden (R-OR), Rep Bob Latta (R-OH), Rep Cathy McMorris Rodgers (R-WA)  |  Press Release  |  House Commerce Committee

In today’s interconnected world, making spectrum available for the private sector to deploy and advance new technologies will not only benefit American consumers, but will also allow our nation to continue to lead on the global stage in 5G and Internet of Things. After hearing from many stakeholders, the FCC made its decision to grant Ligado’s application. This application has been tested, reviewed, revised, and tested again. The FCC is required by law to determine if technology proposals are in the public interest, and we must trust that in making this decision, the FCC took every position into consideration to come to this conclusion. Both the private and public sectors have legitimate uses for spectrum. These decisions will only get more difficult as technologies develop, but we need to trust the expert agencies who make spectrum decisions. The Energy and Commerce Committee takes seriously its authority and responsibility to oversee spectrum management activities of all agencies.

Commissioner Carr Announces 5G Upgrade Order On FCC's June 2020 Agenda

FCC Commissioner Brendan Carr  |  Press Release  |  Federal Communications Commission

Federal Communications Commissioner Brendan Carr announced that the FCC will vote on his 5G Upgrade Order at its next open meeting June 9. Commissioner Carr’s order continues the multi-year effort by Congress and the FCC to eliminate needless delays of tower upgrades. In 2012, Congress required local governments to approve modifications to wireless infrastructure that do not substantially change the size of the towers or base stations. These modifications—taking off old equipment and putting on new equipment—were understood to be crucial to upgrading wireless capacity and improving service. In 2014, the FCC wrote rules to implement the law. That action helped the US lead the world in wireless as 4G services rolled out. Since that time, some of the rules have proved ambiguous, creating disagreements between parties trying to follow them. The 5G Upgrade Order clarifies the FCC’s 2014 rules by:

  • Explaining when the 60-day shot clock for local approval begins
  • Specifying what new equipment qualifies for streamlined approval
  • Clarifying how local governments’ concealment and aesthetic conditions of approval apply
  • Asking for public comment on what activity related to a modification can occur outside of a wireless site

Commissioner Carr Remarks on Wireless Infrastructure: Enabling the 5G Upgrade

FCC Commissioner Brendan Carr  |  Speech  |  Federal Communications Commission

I want to share with you a few of the reforms the [5G Upgrade Order] makes:

  • First, we make sure that 60 days means 60 days. There is some confusion about when the Federal Communications Commission’s existing shot clock starts. So we clarify that when the wireless builder takes the first step that a locality requires and submits documents that show the project qualifies for expedited review, the 60-day shot clock begins. It’s a simple yet meaningful clarification.
  • Next, we clarify what equipment can go on the existing structure. We reiterate that individual pieces of transmission equipment are not themselves “cabinets,” and that up to four equipment cabinets are allowed per request, not cumulatively. We also clarify how a modification can increase a tower’s height to allow 20 feet of distance between antennas.
  • We then emphasize the distinction between concealment elements and other conditions of approval that relate to aesthetics. Concealment elements that cannot be defeated in a modification apply only to stealthed structures, like a wireless tower made to look like a tree or flagpole. Certain aesthetic conditions also must be upheld, but we explain that they can’t be enforced in a way that negates our other rules that promote streamlined approval.
  • Finally, we seek comment on additional issues that touch on the expansion of existing sites.

The 5G Upgrade Order is informed by months of engagement with local governments and industry, including WIA and CTIA, whose FCC petitions are addressed in the order. We are grateful for your continued participation in this process as we all seek to upgrade America’s wireless networks and extend U.S. leadership in 5G. 

Security

Sen Rubio Appointment as Acting Chairman of Intelligence Committee Could Mean More Trouble for Tech and Telecom Giants With Ties to China

Alexandra Levine  |  Politico

Senator Marco Rubio’s (R-FL) appointment as acting chairman of the Intelligence Committee could mean more trouble for tech and telecommunication companies with ties to China. Senate Majority Leader Mitch McConnell (R-KY) announced Sen Rubio’s appointment in the absence of Sen Richard Burr (R-NC), who temporarily stepped down from the top spot while the FBI is investigating his stock trades. Sen Rubio’s hawkishness on China has extended to 5G matters and an aggressive stance toward Chinese telecom giant Huawei, one that has often aligned him with Senate Intelligence Committee Ranking Member Mark Warner (D-VA).Sens Rubio and Warner were among the first lawmakers to meet with rural telecom carriers in 2019 and call for congressional funding to rip out and replace their Huawei gear.

Agenda

FCC Announces Tentative Agenda for June 2020 Open Meeting

Press Release  |  Federal Communications Commission

Federal Communications Commission Chairman Ajit Pai announced that the items below are tentatively on the agenda for the June Open Commission Meeting scheduled for Tuesday, June 9, 2020:

  1. Rural Digital Opportunity Fund Final Auction Procedures – The FCC will consider a Public Notice that would establish procedures for the Phase I auction of the Rural Digital Opportunity Fund (Auction 904), awarding up to $16 billion in support over 10 years for deployment of broadband services in unserved areas. (AU Docket No. 20-34, WC Docket Nos. 19-126, 10-90)
  2. Modernizing and Expanding Access to the 70/80/90 GHz Bands – The FCC will consider a Notice of Proposed Rulemaking and Order that would explore innovative new uses of the 71–76 GHz, 81–86 GHz, 92–94 GHz, and 94.1–95 GHz bands, including potential rule changes to allow for the provision of wireless backhaul for 5G and the deployment of broadband services to aircraft and ships. (WT Docket Nos. 20-133, 10-153, 15-244; RM11824, RM-11825)
  3. State/Local Approval of Wireless Equipment Modifications – The FCC will consider a Declaratory Ruling and Notice of Proposed Rulemaking that would clarify, and seek comment on changes to, the Commission’s rules implementing section 6409(a) of the Spectrum Act of 2012 in order to accelerate the deployment of communications infrastructure by facilitating the upgrade of existing sites for 5G networks. (WT Docket No. 19-250; RM11849)
  4. Promoting Broadcast Internet Innovation through ATSC 3.0 – The FCC will consider a Declaratory Ruling that would remove regulatory uncertainty concerning use of Broadcast Internet services provided by broadcast TV licensees as an ancillary and supplementary service, and a Notice of Proposed Rulemaking that would seek comment on modifying and clarifying existing rules to promote the deployment of Broadcast Internet services as part of the transition to ATSC 3.0. (MB Docket No. 20-145)
  5. Enforcement Bureau Action – The FCC will consider an enforcement action.

Stories From Abroad

Right to Privacy Extends to Foreign Internet Users, German Court Rules

Melissa Eddy  |  New York Times

Privacy rights enshrined in Germany’s Constitution extend to foreigners living abroad and cover their online data, the country’s highest court ruled, ordering Chancellor Angela Merkel’s government to overhaul a law governing the foreign intelligence agency. The decision by the Constitutional Court found that parts of a 2016 law governing the country’s foreign intelligence agency, known by its German abbreviation BND, in part violated the universal right to privacy in communication. The ruling ordered the law to be rewritten to clarify the motivation for spying on individuals abroad, but it stopped short of banning the practice outright.

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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 Robbie McBeath (rmcbeath AT benton DOT org) — we welcome your comments.


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