Friday, June 26, 2020
Headlines Daily Digest
What Chairman Pai is Telling Congress About the End of the Keep Americans Connected Pledge
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American Broadband Initiative Progress Report
House Republicans Unveil Bills to Close Digital Divide
Observations on Past and Ongoing Efforts to Expand Access and Improve Broadband Mapping Data
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The US Department of Commerce joined with its government partners to release a Progress Report detailing the accomplishments of the American Broadband Initiative (ABI) after the release of the initial ABI Milestones Report. The Progress Report shows significant achievements across government in removing regulatory barriers to broadband deployment, leveraging public resources for broadband expansion, and maximizing the impact of federal broadband funding. The Department of Commerce’s National Telecommunications and Information Administration (NTIA) shares leadership of the ABI with the US Department of Agriculture, the National Economic Council, and the White House Offices of American Innovation, Management and Budget, and Science and Technology Policy.
Within the Commerce Department, the US Census Bureau, the Economic Development Agency and NTIA each completed all of the commitments made in the Milestones Report. Overall, 80% of the original 60 commitments including in the original report have been successfully completed, and the remaining commitments are underway.Some of the accomplishments detailed in the Progress Report:
- USDA, through its ReConnect program, awarded more than $744 million in funds through March 2020 to support more than 80 broadband projects benefiting more than 430,000 rural residents in 34 states.
- NTIA created a National Broadband Availability Map, which has quickly expanded to 18 state partners to deliver accurate, essential data on broadband availability.
- The General Services Administration and the USDA’s Forest Service finalized a revised Standard Form (SF-299), making this Common Application Form suitable for telecommunications purposes.
The US Department of Agriculture (USDA) is investing $86 million in rural broadband service for 17,000 people and businesses in eight states. USDA is providing loans to six telecommunications providers to build, expand and improve broadband services in Alabama, Arkansas, Iowa, Illinois, Indiana, Tennessee, Texas and Wisconsin. Below are examples of projects that USDA is funding through the Telecommunications Infrastructure Loan and Loan Guarantee Program:
- The Ardmore Telephone Company Inc. is receiving a $20 million loan to install 435 miles of Fiber-to-the-Premises (FTTP) in Ardmore, New Market and Elkmont (AL); and in Minor Hill and McBurg (TN).
- The Pulaski-White Rural Telephone Cooperative is receiving a $19 million loan to install 355 miles of Fiber-to-the-Home (FTTH) technology in the Buffalo and Star City exchanges (IN).
- The Chibardun Telephone Cooperative Inc. is receiving a $10 million loan to install 328.5 miles of FTTP to serve the rural areas of the Prairie Farm and Sand Creek exchanges (WI).
Since October 2019, USDA has invested $744 million to bring high-speed broadband e-Connectivity to 172,000 households, 19,000 rural small businesses and farms, and more than 500 health care centers, educational facilities and critical community facilities in 34 states.
The Trump Administration announced that the US Department of Agriculture (USDA) is investing more than $12.5 million to provide broadband service in unserved and underserved rural areas in Georgia. This investment is part of the $100 million in grant funding made available for the ReConnect Pilot Program through the CARES Act. In rural Georgia, DoveTel Communications, LLC (dba SyncGlobal Telecom) will use a $12.5 million grant to deploy a fiber-to-the-premises (FTTP) network to connect 7,348 people, 121 farms, 15 businesses, four fire stations, and one elementary school to high-speed broadband internet in Heard, Troup, and Carroll counties.
House Commerce Committee Ranking Member Greg Walden (R-OR) and Communications and Technology Subcommittee Ranking Member Bob Latta (R-OR) unveiled a package of 26 bills that aim to streamline the deployment of broadband infrastructure. These bills, spearheaded by Republican members of the House Commerce Committee, would promote new and upgraded infrastructure deployments, incentivize competition and consumer choice, right-size regulations for building infrastructure across industries, and facilitate broadband deployment on federal lands. The 26 bills would:
- Promote New Infrastructure Deployment
- Incentivize Competition and Consumer Choice by Promoting Collocation and Modifications to Existing Infrastructure
- Remove Unnecessary or Duplicative Barriers from Environmental and Historical Reviews
- Allow Broadband Deployment on Federal Lands
“The Republican Members of the House Energy and Commerce Committee have put together a smart and comprehensive set of infrastructure reforms. Their thoughtful reforms would bring families across the digital divide and further extend America’s leadership in 5G by helping to accelerate the build out of high-speed Internet services. Their ideas, including legislation that would tackle the permitting delays that persist for Internet builds on federal lands, would make an immediate difference for rural communities across the country. I look forward to working with the congressional leaders on Energy and Commerce on this important set of infrastructure reforms."
Just over 100 days ago, Federal Communications Commission Chairman Ajit Pai announced that a number of broadband and telephone service providers had volunteered to take what he calls the Keep Americans Connected Pledge. Over 780 companies took the pledge "in order to ensure that Americans do not lose their broadband or telephone connectivity as a result of these exceptional circumstances." When first announced, the pledge was to last until May 12, 2020. It was later extended to June 30, which is just around the corner. From all appearances, the pledge will not be extended. So, what happens next? Are broadband providers and federal policymakers committed to keeping us connected during the pandemic?
Twenty-eight projects in Illinois will receive a total of $50 million for broadband expansion. The state Connect Illinois grants will be matched by $65 million in nonstate funding for a total of $115 million, with plans to expand access for more than 26,000 homes, businesses, farms, and community institutions across Illinois. These funds are being released as part of the state's $420 million statewide broadband expansion, Connect Illinois—the governor’s plan to bring basic access to all communities by 2024. Gov. J.B. Pritzker (D) said Connect Illinois aims to improve access through an unprecedented capital investment and with the nation’s largest grant matching program.
Sen Joe Manchin (D-WV) has been collecting speed tests from his constituents to turn over to the Federal Communication Commission to prove their broadband data maps are wrong. His initial goal of collecting 1,000 speed tests in 2020 was accomplished the week of June 22. He says he's now looking to reach 1,500 or even 2,000. “This just a small sampling,” Sen Manchin said. “This is happening all over America. Rural America is getting left behind. They have no comeback, no justification to why we aren’t getting covered.” “These companies should have a conscience to give us a better service,” Sen Manchin said. “We’re captive. We’re going to stay on top of them and shame them until they make it better.”
Sen Manchin estimates about 30 to 40 percent of the state didn’t have access to telehealth during the pandemic. And he says it’s taken the FCC two years to acknowledge that their maps are wrong. He has filed a lawsuit to prevent the disbursement of funds until the maps are corrected and updated to more accurately depict broadband coverage. “Well I think they made a difference because that’s the first thing [FCC Chairman Ajit Pai] said ‘we’ve gotten your results of your tests,’” Sen Manchin said. “‘They don’t coincide with what you thought was going on in my state did they. He said ‘no’ and I said ‘that’s a problem.‘"
The US Government Accountability Office was asked to examine the current state of broadband investment and deployment. This report examines (1) industry and federal investments to deploy broadband in the US since 2009, and (2) efforts federal agencies are making to address deployment challenges. GAO analyzed industry and federal government data from 2009 through 2017 or 2018 (the most recent year of available data) on broadband investments and deployment; reviewed statutes and regulations, rulemaking proceedings, and Federal Communications Commission, the Rural Utilities Service, and National Telecommunications and Information Administration program information; interviewed federal officials; and obtained information about deployment challenges from interviews with 32 industry, academic, and consumer stakeholders, including 16 broadband providers selected to represent a range of provider sizes and types of technologies.
In prior work, GAO recommended that FCC improve its mapping data and RUS better manage its broadband programs. The agencies have addressed some, but not all, of the recommendations. FCC and RUS reviewed a draft of this report and provided technical comments. Continued communication and coordination on topics such as collecting and using improved data will be especially important in assuring that federal dollars are effectively targeted as agencies' efforts to improve mapping and target resources progress.
The US Bankruptcy Court for the Southern District of New York approved a Windstream bankruptcy exit reorganization plan. With the restructuring plan approved, the company expects to complete its financial restructuring process and emerge from Chapter 11 bankruptcy protection as a privately held company in late August. The restructured company will cut its debt by about two thirds, a total of $4 billion, and will have access to approximately $2 billion in new capital to expand 1 Gig Internet service in rural America.
Trump administration officials have talked about inserting the federal government deep into the private sector to stiffen global competition against Chinese telecom giant Huawei. The ideas -- discussed intermittently with US tech giants, private-equity firms, and veteran telecom executives -- include prodding large US technology companies like Cisco to acquire European companies Ericsson or Nokia. In more than one case, the company wasn’t interested in buying into low-margin businesses. Policymakers have also discussed shoring up Ericsson and Nokia with tax breaks and export-bank financing, or supporting a private-equity group that would take one of the European equipment makers private. Other proposals would support “open” network technology that would make it easier for U.S. startups to develop new technology for 5G equipment. The ideas show how far the US is willing to go in its fight with China over who will supply the world with advanced technologies.
The Federal Communications Commission has been working throughout the COVID-19 pandemic to ensure that critical communications infrastructure projects continue to proceed at a time when so many Americans are relying on high-speed Internet services. On June 25, the FCC announced a process that has been developed in coordination with the Advisory Council on Historic Preservation that will further expedite the process for reviewing those infrastructure builds. This additional process allows wireless licensees to request expedited review for essential and immediate projects that respond to the COVID-19 pandemic as well as emergency authorization for infrastructure projects critical for responding to the pandemic.
The Spectrum IT Modernization Act of 2020 (S. 3717) would require the National Telecommunications and Information Administration (NTIA) to establish goals and performance measures to modernize the infrastructure of federal agencies that is related to the electromagnetic spectrum they use. Under the bill, the NTIA would report to the Congress on its own management of spectrum infrastructure. Additionally, each agency that uses federally assigned spectrum would submit a plan to the NTIA describing its plans to modernize its infrastructure to use it more effectively.
The Congressional Budget Office assumes that S. 3717 will be enacted late in fiscal year 2020. Using information from the NTIA, CBO estimates that it would cost the agency about $1 million (including the cost of three employees) to establish goals and complete the necessary report to the Congress. CBO expects that about 10 other federal agencies that use federally assigned spectrum would require one employee each at an average cost of $200,000 to prepare plans and submit them to the NTIA. In total, CBO estimates that it would cost $3 million over the 2020-2025 period to implement S. 3717; that spending would be subject to the availability of appropriated funds.
The Multicultural Media, Telecom and Internet Council -- joined by more than two dozen national organizations -- says the Federal Communications Commission should make sure that the initial tranche of its $9 billion in rural 5G subsidy funding goes to help those furthest from digital equality, which includes impoverished African American and Hispanic communities. The groups say that the FCC should prioritize funding according to poverty, not population density. They recommend that the FCC "adopt a rollout schedule under which economically depressed rural communities of color--the communities most in need of fast broadband--will be among prioritized first for high-cost support and buildout."
The Federal Communications Commission issued its 2020 staff report on the availability and effectiveness of call blocking tools offered to consumers. Surveying data submitted by a variety of commenters, the FCC found that call blocking tools are now substantially available to consumers at no or low cost. In addition to this report, FCC Chairman Ajit Pai announced that the FCC will
consider at its July 16 Open Meeting an Order that would, among other things, give voice service providers a safe harbor from liability for the unintended or inadvertent blocking of calls so long as such action is based upon reasonable analytics indicating that such calls were unwanted and therefore should be blocked. The proposal would also enable responsible providers to block calls from the bad actor providers that facilitate illegal and unwanted calls.
The Justice Department and a coalition of state attorneys general are taking the first steps toward launching an antitrust probe of Apple, turning the iPhone-maker into the latest Silicon Valley giant to face legal jeopardy in Washington. Antitrust officials have spoken to several companies unhappy with Apple’s ironclad control of its App Store, the source of frequent griping by developers who say the company’s rules are applied inconsistently — particularly for apps that compete with Apple’s own products — and lead to higher prices and fewer choices for consumers.
While Apple’s iOS smartphone operating system has historically been less dominant than Google’s Android, the trend is shifting. In September, Apple’s iOS accounted for about 47 percent of smartphones in the U.S., compared with 51 percent for Android, according to comScore. When tablets are included, Apple's share jumps to 58 percent. For an antitrust suit, that growing dominance may be a key factor, said Gene Kimmelman, who worked in the DOJ's Antitrust Division during the Obama administration. “It’s one thing to structure your services in a restrictive way or use exclusive contracts when you’re small,” said Kimmelman, now a senior adviser at Public Knowledge. “But the bigger you become, the more dominant you become in a market, the more likely those types of restrictions — unless they are absolutely essential to benefit consumers — will be viewed skeptically as harmful to competition.”
The Federal Communications Commission's Wireline Competition Bureau will no longer accept new applications for funding from the COVID-19 Telehealth Program. Based on the applications received to date, demand for funding exceeds available Program funds and, as a result, the public interest is not served by imposing burdens on health care providers who may prepare new
applications that cannot be funded under the current appropriation.
The Bureau began accepting applications for the Program on April 13, 2020. Since then, the Bureau has continued to expeditiously review applications and issue funding commitments and, in accordance with the FCC’s Report and Order, has prioritized funding applications that target areas that have been hardest hit by COVID-19 and where the support will have the most impact on addressing the health care needs. As of June 24, 2020, the Bureau has issued $157.64 million in total Program funding commitments for 444 applications. The Bureau anticipates that funding requests in applications already received will exhaust the remaining Program appropriation and continuing to consider applications would impose unnecessary burdens on health care providers who may be preparing applications that will not be considered before the Program funds are exhausted. Therefore, it is not in the public interest to accept new Program applications.
Federal Communications Commission Chairman Ajit Pai says that while the FCC's hands are tied when it comes to applying E-rate schools and libraries funding to remote learning during the pandemic, there are billions of dollars that could already be applied to that purpose Congress has already allocated and the FCC is working on getting educators to spend on education tech. Chairman Pai said he understood the frustration, and had asked Congress to clear away that statutory language impediment in the meantime. And while some suggest the FCC can just waive statutory language, as a lawyer he knows that is not the case.
But Chairman Pai also pointed out that the CARES Act COVID-19 aid bill allocated $16 billion for schools and that the FCC was working with the Department of Education to let schools know that one of the things that money could be used for is educational tech. Chairman Pai said that working together, schools and the FCC can provide a holistic approach to distance learning and get students the connectivity they need.
Chicago Connected Launches to Provide Free High-Speed Internet Service to Approximately 100K Students
Chicago Connected is a groundbreaking program that will provide free high-speed internet service to approximately 100,000 Chicago Public Schools (CPS) students. This first-of-its-kind program will be one of the largest and longest-term efforts by any city to provide free, high-speed internet over the course of four years to increase internet access for students. According to Census data, an estimated 100,000 students lack access to high-speed internet in Chicago. In order to narrow the digital divide for CPS families, Chicago Connected will provide up to four years of high-speed internet for CPS families who are most in need. Students who are eligible for the program and are planning to enroll in summer school in 2020 will be prioritized as the program rolls out in the coming weeks.
‘Chicago Connected’ will begin notifying eligible families beginning Monday, June 29, 2020 with the goal of connecting as many of the 100,000 students as possible prior to the 2020-21 school year. While the initial phase of ‘Chicago Connected’ will provide wired internet access, Chicago Connected will also extend existing hotspot service for students in temporary living situations for up to four years.
Government & Communication
Could President Trump claim a national security threat to shut down the internet?
“I have the right to do a lot of things that people don’t even know about,” President Donald Trump said in a 2020 Oval Office exchange. One of those powers is his authority to shut down radio, television, both wireless and wired phone networks, and the internet. It is not a big step from using the power of the government to threaten free expression to actually doing something to curtail that expression. All it takes is a unilateral “proclamation by the President” of the existence of a “national emergency.”
What are we as citizens to do? The courts have thus far been the watchdog when President Trump overreaches. But judicial review is a slow process that requires a triggering event. The chances the divided congress would act are infinitesimal, and even then, President Trump would have to sign the bill. Our best defense is vigilance. As we head into the election of 2020, the House of Representatives should hold hearings to shine the spotlight on presidential powers “people don’t even know about,” including Section 706. Of course, an informed and aware public is the first defense against authoritarian abuse. But also, if we have learned anything from COVID-19 it is the importance of anticipating problems and identifying solutions before they happen.
[Tom Wheeler was Chairman of the Federal Communication Commission from 2013 to 2017.]
With five months to go until a presidential election that promises to be a major test of American democratic institutions, American laws are in desperate need of update to address digital forms of voter suppression and how political debate and campaigning has moved online. Several ideas for rules that government could enact to provide the necessary transparency to help ensure that voter suppression does not run unchecked online include:
- Updating campaign finance laws to include digital advertising. In addition to setting enforceable rules for companies like Facebook and Google to follow, this would allow the Federal Election Commission to fulfill its mandate of tracking money in political advertising. One lingering piece of legislation that addresses some of this is the bipartisan Honest Ads Act.
- Limiting the ability of advertisers to target users based on criteria—which the civil rights community could help define—that would allow campaigns to broadcast divisive ads about voting to the those who are most receptive while reducing public scrutiny of those ads. Just as the U.S. government sued Facebook in 2019 for violating the Fair Housing Act by allowing housing ads to target users by race and gender, the U.S. government should ensure that the platforms do not allow political ads that violate the tenets of the Voting Rights Act.
- Demanding transparency about how ads are targeted that goes beyond the basic details contained in the Facebook ads library, such as whether custom audiences and “look-alike tools” are used, whether the company algorithms amplify the ads, and whether the advertiser listed in the “paid for by” disclaimer is verified and matches the actual name of the authorized advertiser.
I believe that if Facebook continues to allow blatant lies about our elections system continue unabated, they will be on the wrong side of history. And when, in 2021, Facebook executives roll out the same excuses that “nobody could have seen this coming,” remember this moment.
[Yael Eisenstat is a visiting fellow at Cornell Tech’s Digital Life Initiative, a former elections integrity head at Facebook, and a former intelligence officer and White House advisor.]
If Joe Biden wins the presidency, he’s promising at least one staffing change: firing the CEO of a US-funded global media agency who’s accused of trying to turn it into a propaganda shop aligned with President Donald Trump’s ideology. Andrew Bates, a spokesperson for the former vice president’s campaign, said Biden will oust Michael Pack from his Senate-confirmed position at the US Agency for Global Media (USAGM) soon after entering the White House. The reason is simple: Biden believes Pack is trying to turn one of the world’s largest media networks into something akin to Breitbart or Trump TV. “Michael Pack is decidedly unqualified,” Bates said, “and his actions risk hijacking invaluable, nonpartisan media institutions that stand up for fundamental American values like freedom and democracy in the world.” USAGM is a government department that oversees five media organizations: Voice of America, Middle East Broadcasting, Radio Free Asia, Radio Free Europe/Radio Liberty, and the Office of Cuba Broadcasting.
Federal Communications Commission Chairman Ajit Pai announced that the items below are tentatively on the agenda for the July Open Commission Meeting scheduled for Thursday, July 16, 2020:
- Designating 988 for the National Suicide Prevention Lifeline – The FCC will consider a Report and Order that would designate 988 as the 3-digit number for the National Suicide Prevention Lifeline to aid rapid access to suicide prevention and mental health support services. (WC Docket No. 18-336)
- Call Blocking Rules – The FCC will consider a Third Report and Order, Order on Reconsideration, and Fourth Further Notice of Proposed Rulemaking that would continue the FCC’s work to combat unwanted and illegal calls and implement portions of the TRACED Act. (CG Docket No. 17-59)
- Secure Networks Act Implementation – The FCC will consider a Declaratory Ruling and Second Further Notice of Proposed Rulemaking that would integrate provisions of the recently enacted Secure and Trusted Communications Networks Act of 2019 into its existing supply chain rulemaking proceeding. (WC Docket No. 18-89)
- Wireless E911 Location Accuracy Requirements — The FCC will consider a Sixth Report and Order and Order on Reconsideration that would further its effort to improve vertical (or Z-Axis) location accuracy for wireless 911 calls, which will help first responders quickly locate people calling for help from multi-story buildings. (PS Docket No. 07-114)
- Modernizing Priority Services Rules – The FCC will consider a Notice of Proposed Rulemaking that would streamline and update its rules to ensure that priority service programs operate effectively for emergency workers as technology evolves. (PS Docket No. 20-187)
- Leased Commercial Access – The FCC will consider a Second Report that would modernize the leased access rate formula by adopting a tier-based calculation. (MB Docket Nos. 07-42, 17-105)
- Improving Broadband Data and Maps – The FCC will consider a Second Report and Order and Third Further Notice of Proposed Rulemaking that would establish requirements to ensure that the FCC collects accurate and granular data on the availability of broadband service through the Digital Opportunity Data Collection, and would seek comment on additional measures to implement the requirements of the Broadband DATA Act. (WC Docket No. 19-195)
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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