Monday, June 14, 2021
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New York can’t force broadband providers to offer $15 low-income broadband plans, judge rules
AT&T CEO seems confident industry can kill Biden’s municipal broadband plan
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Digital Inclusion

A decision by Judge Denis Hurley of the US District Court for the Eastern District of New York prohibits New York from enforcing a state law that would require broadband providers to sell $15-per-month plans to low-income households. The law was set to go into effect on June 15. Judge Hurley ruled that the state law is preempted by federal law. While the case will continue, Judge Hurley found that the industry is likely to succeed in its lawsuit. The Affordable Broadband Act (ABA) would require ISPs to offer "all qualifying low-income households at least two Internet access plans: (i) download speeds of at least 25 megabits-per-second at no more than $15-per-month, or (ii) download speeds of at least 200 megabits-per-second at no more than $20-per-month," the ruling noted. The low-income qualifications specified by the law cover about 7 million New Yorkers in 2.7 million households, over one-third of all households in the state. The law allows exceptions to the minimum-speed requirement "where such download speed is not reasonably practicable." The New York law "is rate regulation, and rate regulation is a form of common carrier treatment," Judge Hurley wrote, rejecting arguments made by New York Attorney General Letitia James (D-NY).

There is a lot of momentum in Washington (DC) and in state governments right now to improve the adoption of broadband by addressing the issue of affordability for low-income communities. To decide what policies will do the most good for low-income households seeking broadband connectivity, it’s important to first understand the existing marketplace. The debate about broadband pricing has largely ignored the specific low-income products that the industry has made available in the marketplace. In short, there are multiple wired broadband options available to low-income households for $20 or less, with speeds up to 200 Mbps. Given these marketplace options, there is no credible rationale for the need for price regulation to achieve the same result. There are three legs to the digital divide stool: availability, affordability and adoption. All three must be addressed if we are going to reach the goal of ensuring all Americans are supported by broadband connectivity.
Broadband Infrastructure
AT&T CEO seems confident industry can kill Biden’s municipal broadband plan

AT&T CEO John Stankey called President Biden's plan to fund municipal broadband networks "misguided" and said the US shouldn't pay for any broadband deployment in areas that already have networks. But as AT&T and others lobby against public networks and government-funded competition, Stankey said he is confident that Congress will steer legislation in the more "pragmatic" direction that AT&T favors. "It would be a shame that we take taxpayer money or ask local governments to go into a business that they don't run today," Stankey said. "You know, their job is to deliver water, patch streets, things like that, not be in a capital-intensive technology business that requires constant refresh and constant management." AT&T and other private ISPs have taken billions from the government to deploy incremental upgrades in rural areas over the years, and they don't want public networks getting any of the cash they're accustomed to receiving. Stankey claimed there isn't much of a broadband problem to be solved, as networks "functioned incredibly well for the vast majority of citizens in the United States" during the pandemic. "Why would we want to go overbuild in areas where there's already great infrastructure?" Stankey said, saying that would be a "waste" of subsidy dollars.

For decades, policymakers in Washington and state capitals have fretted about the patchwork of broadband access in the United States, which has held back economic development in underserved areas and became a major problem during the pandemic. Now, after years of federal subsidies that have improved but not solved the problem, the Biden administration is proposing to spend $100 billion over the next eight years to finally connect every American household to high-speed internet. But solving the problem isn’t just a matter of cutting a big check to fund the installation of fiber pipelines. The nation, simply put, doesn’t even know where its internet black holes are found.
In the debate over rural broadband, one word pops up over and over: utility. Is broadband a service best delivered by private, for-profit companies? Or should it be a utility like electricity, water or old-fashioned landline telephones that are underwritten and regulated by the government? Increasingly, residents of areas lacking sufficient internet access (both rural and not-so-rural) are pressing for broadband to be run more as a utility or a nonprofit, where providing service to every address at manageable rates is the priority. The global pandemic created new urgency to deliver reliable, fast network connections; technologies like 5G, which connects users wirelessly but still relies on a fiber network, have also encouraged these communities to press for fiber, even if a nonprofit, cooperative or local government has to take up the mantle.

The National Lifeline Association urged the Federal Communications Commission to expeditiously release a Public Notice seeking comment on the association's Petition for Rulemaking so that others can comment on it and the FCC can build a record to take the necessary actions to transition the Lifeline program into a program that is post-Emergency Broadband Benefit Program ready. The FCC should not work in a linear fashion, but rather consider important improvements to the Lifeline program now so that those improvements can be in place when the Emergency Broadband Benefit Program funding runs out.

The Federal Communications Commission's Office of Managing Director announced that the proposed universal service contribution factor for the third quarter of 2021 will be 0.318 or 31.8 percent. The Universal Service Administrative Company (USAC) submitted projected collected end-user telecommunications revenues for July 2021 through September 2021 based on information contained in the Third Quarter 2021 Telecommunications Reporting Worksheet (FCC Form 499-Q). Total Projected Collected Interstate and International End-User Telecommunications Revenues for Third Quarter 2021: $9.665944 billion.

House lawmakers proposed a raft of bipartisan legislation aimed at reining in the country’s biggest tech companies, including a bill that seeks to make Amazon and other large corporations effectively split in two or shed their private-label products. The bills, introduced June 11, amount to the biggest congressional broadside yet on a handful of technology companies—Google, Apple, Amazon, and Facebook—whose size and power have drawn growing scrutiny from lawmakers and regulators in the US and Europe. If the bills become law—a prospect that faces significant hurdles—they could substantially alter the most richly valued companies in America and reshape an industry that has extended its impact into nearly every facet of work and life. One of the proposed measures, titled the Ending Platform Monopolies Act, seeks to require structural separation of Amazon and other big technology companies to break up their businesses.

Sens John Thune (R-SD), Richard Blumenthal (D-CT), Jerry Moran (R-KS), Marsha Blackburn (R-TN), Brian Schatz (D-HI), and Mark Warner (D-VA) reintroduced the Filter Bubble Transparency Act (S.2024). The bill would require large-scale internet platforms that collect data from more than 1 million users and gross more than $50 million per year to provide greater transparency to consumers, and allow users to view content that has not been curated as a result of a secret algorithm.
The Filter Bubble Transparency Act would require large-scale internet platforms to:
- Clearly notify its users that their platform creates a filter bubble that uses secret algorithms (computer-generated filters) to determine the order or manner in which information is delivered to users; and
- Provide its users with the option of a filter bubble-free view of the information they provide. The bill would enable users to transition between a customized, filter bubble-generated version of information and a non-filter bubble version.
The proposed legislation would make it unlawful for any person to operate a covered internet platform that uses a secret algorithm unless the platform complies with the two above requirements. The Federal Trade Commission would enforce the legislation’s requirements, and it would be authorized to seek civil penalties for knowing violations.

It’s time for states to step up and realize that proper technology and WiFi connectivity are a must-have in public school districts, and that state policy is dangerously lagging behind. While systems might not continue to operate as 100 percent virtual schools in a post-COVID world, better access to learning technology is no longer negotiable in this increasingly-digital world. Hybrid schooling models can offer significant opportunities for personalized learning, from special education students to students in rural areas who don’t have adequate wireless connectivity at home. Yet laws vary from state to state on how they currently address distance and hybrid learning resource needs, and federal mandates are by no means comprehensive or equitably utilized. To provide these equitable resources, policymakers should agree upon and identify access to 1:1 devices and broadband internet as a fundamental right for all students—as necessary as food and security. And in order to better understand current needs and limitations, policymakers should create stronger connections with individuals on the ground, from parents to teachers to administrators.
[Mary Jo Madda is currently the Creative Strategy Manager for several diversity and education initiatives at Google, including Code Next and Tech Exchange. Previously, she was a Director at EdSurge.]

The Federal Communications Commission will re-charter the Task Force for Reviewing Connectivity and Technology Needs of Precision Agriculture in the United States, a federal advisory committee, which provides advice and recommendations to the FCC on accelerating the deployment of broadband Internet access service on unserved agriculture land to promote precision agriculture. The FCC is seeking nominations for membership on the Task Force and its Working Groups. The FCC intends to renew the Task Force’s charter, upon approval by the General Services Administration (GSA), for a period of two (2) years, with an expected starting date no later than December 4, 2021.
Nominations for membership to the Task Force should be submitted to the FCC no later than July 12, 2021.
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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