Wednesday, June 3, 2020
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Commissioner Starks Statement On Nationwide Protests and Social Change
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Four sources of funding for rural broadband networks
HBO Max won’t hit AT&T data caps, but Netflix and Disney Plus will
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Social Change
As not only a Commissioner of the FCC, but as a Black father of two young children who deeply cares about my country and my community, I know that our policymakers must do more to include Black people and other communities of color and create a better world for future generations. We all have a part to play in the fight for equity and, as a communications policymaker, I take it very seriously. I am committed to continuing to advocate for inclusive broadband access and adoption policies and diversity in media ownership. Access to robust and affordable broadband allows our communities to call attention to civil rights violations, mobilize and organize for social change, and advocate for policy changes. Similarly, diverse ownership within the media landscape allows us to promote and take control of our own stories. We know there are wider political, economic, and social implications at stake in both of these issue areas. These challenging times are an opportunity to create real change in our country. To do that, now is the time not to just acknowledge the existing inequities in this country, but to eradicate them as we build the future all of our children deserve.
Broadband/Internet
FCC Boosts Wireless Broadband For Rural Kentucky With Temporary Spectrum Access For Harlan County
The Federal Communications Commission has granted a request for temporary access to spectrum to improve access to wireless broadband services in Harlan County, Kentucky during the COVID-19 pandemic. The Special Temporary Authority granted today gives Harlan 2-Way, Inc. access to spectrum in the 2.5 GHz band for 60 days.
On May 31, Sen Angus King (I-ME) has joined a group of colleagues in calling for the Federal Communications Commission to make it easier for tribal communities to get access to broadband internet. The lawmakers said Federal Communications Commission Chairman Ajit Pai should extend the period for tribal governments to complete applications for wireless broadband and increased mobile coverage. Sen King and the other senators said the window should be extended by 180 days, and that extending the window is the right thing to do because tribal communities around the country have been hit hard by the coronavirus pandemic and many need more time. He and the other senators wrote that “rural tribal communities represent some of the least connected people in America” and they need access to better service.
[On June 1, the FCC announced it would issue a temporary wavier (until Aug 31, 2020) to ease the Lifeline program application and enrollment process in rural Tribal areas.]
Some of the current sources of funding for rural telecommunications network infrastructure:
- Federal programs which subsidize broadband deployment. According to an update in April from the National Telecommunications and Information Administration, there are 57 federal broadband programs, spread across 14 federal agencies, which encompass billions of dollars in grants, loans and other resources.
- Federal “rip and replace” funding. As part of the Secure and Trusted Telecommunications Networks Act passed in February, Congress allocated $1 billion in funding to help defray the so-called “rip-and-replace” costs of removing Chinese equipment for carriers with fewer than 2 million customers.
- State programs for broadband deployment. All 50 states have created a broadband-related authority, state office or task force, according to the National Conference of State Legislatures, although fewer than half have put them in place via legislation.
- Coronavirus relief bills may provide additional funding. In addition to the funds available to help small businesses survive the pandemic, there was $200 million allocated specifically for telehealth programs, and the FCC has already gone through multiple waves of approvals. Those funds are likely to benefit some rural providers, because connected devices and services are one of the eligible expenses as part of supporting telehealth expansion.
Vermont’s Department of Public Service recently released an Emergency Broadband Action Plan that is among the most aggressive of all state responses to the coronavirus pandemic. The state currently has 944 cases of COVID-19, with 54 attributable deaths. A full third of households with school children lacked broadband Internet or a computer as recently as last summer, and as the state’s teachers rushed to produce alternative learning materials after schools closed their doors in mid-March, the predictable happened: “[I]n a number of cases . . . folks really fell right off the radar,” one superintendent told VTDigger. The Emergency Broadband Action plan proposes regulatory changes and network subsidies to achieve universal broadband coverage for all citizens by 2024.
HBO Max, AT&T’s big bet on the future of streaming, will be excused from AT&T’s mobile data caps, while competing services like Netflix and Disney Plus will use up your data. Tony Goncalves, the AT&T executive in charge of HBO Max, when asked whether HBO Max would hit the cap said his team “had the conversation” but didn’t have the answer. AT&T later confirmed that HBO Max will be excused from the company’s traditional data caps and the soft data caps on unlimited plans. HBO Max is using AT&T’s “sponsored data” system, which technically allows any company to pay to excuse its services from data caps. But since AT&T owns HBO Max, it’s just paying itself: the data fee shows up on the HBO Max books as an expense and on the AT&T Mobility books as revenue. For AT&T as a whole, it zeroes out. Compare that to a competitor like Netflix, which could theoretically pay AT&T for sponsored data, but it would be a pure cost. “The network is the plumbing, and the content is the water. And you’re seeing water and the plumbing kind of coming together,” said Goncalves.
Efforts to connect the unconnected have fallen way short. Many billions of dollars have been thrown at this, through multiple initiatives, programs and subsidies. Given the magnitude of the spend, there has been relatively little progress in providing decent broadband service to underserved households, or in making broadband more affordable for the tens of millions of households for whom that $50-$60 bill presents a financial challenge. There are three pillars involved in solving this problem once and for all: how to properly count/measure who can’t get broadband or can’t afford it; how, technically, we can reach that last ~15% of unserved/underserved households; and how to fund broadband expansion/affordability initiatives. It would be good to set a goal. Let’s get a firm count on the number of underserved households and set an objective of reaching a significant percentage of them by 2025. That’s chipping away at some 2-3 million households per year, roughly speaking. With all the new spectrum, 5G, stimulus dollars, and some effective public-private sector cooperation, this is achievable.
[Mark Lowenstein, a leading industry analyst, consultant, and commentator, is managing director of Mobile Ecosystem]
Universal Service Fund
Federal Universal Service Support Mechanisms Fund Size Projections for Third Quarter 2020
USAC projects a consolidated budget of $60.24 million for the third quarter of 2020. Direct costs for all support mechanisms total $35.75 million. Joint and common costs (including billing, collection, and disbursement activities) total $24.49 million.
The total projected collected interstate and international end-user revenue base to be used in determining the contribution factor for the Universal Service support mechanisms for the third quarter of 2020 is $10,219,123,520. This amount was derived using the projected collected revenue reported on the Federal Communications Commission Form 499-Q submissions. Interstate telecommunications service providers were required to complete this form reporting July to September 2020 projected collected revenue information and return it by May 1, 2020. 20 USAC has included complete revenue data from 4,055 carriers (3,012 contributors and 1,043 de minimis carriers).
Wireless
House Commerce Democrats Urge FCC to Allow Local Governments Adequate Time to Respond to Wireless Equipment Rule Changes Amid COVID-19 Response
Twenty-four Members of the House Commerce Committee sent a letter to Federal Communications Commission Chairman Ajit Pai urging him to delay a vote on a Declaratory Ruling that would limit local governments‘ role in the deployment of wireless infrastructure. The Declaratory Ruling would grant companies the right to expand existing cell sites without any regard to local processes and potential conflicting priorities, which would be especially harmful right now given the ongoing challenges that local governments face due to the COVID-19 pandemic. The FCC is currently scheduled to vote on the Declaratory Ruling on June 9. This letter follows an April request by Chairman Frank Pallone, Jr. (D-NJ) and other House Committee Chairs calling for immediately extending public comment deadlines across the federal government in light of the COVID-19 pandemic.
Thank you for recognizing me with your Wi-Fi Champion Award. Some might point out that it’s been nearly six weeks since the Federal Communications Commission adopted its 6 GHz Order, and ask: Isn’t it a bit late to still be taking a victory lap? To them, I would say: It’s a really big victory. We’re making the entire 6 GHz band—a massive 1,200 megahertz testbed for innovators and innovation available for unlicensed use. By doing this, we are effectively increasing the amount of mid-band spectrum available for Wi-Fi by almost a factor of five.
In addition to the Order, the FCC voted in April to explore possibilities for very-low-power devices in the 6 GHz band. Very low-power devices could enable a new and innovative generation of personal area network technologies with low latency, high capacity, and all-day battery life. We look forward to acting quickly to make 6 GHz available for these very-low-power uses. That will require a strong factual foundation. So, for those of you who have helped us get to this point on 6 GHz, the work isn’t done. Please participate in this next phase of our 6 GHz proceeding and give us the facts we need to move even further to facilitate unlicensed use of the band.
Things have now come to an all-out war between the Department of Defense and the Federal Communications Commission, with the Defense Department claiming that a recent decision by the FCC (on a 5-0 bipartisan vote) resolving a decades-long dispute with a company now called Ligado will interfere with vital GPS operations. (The DoD runs the nation’s GPS satellites for military operations, despite the public’s ubiquitous use of GPS.) While the Ligado decision is only a small part of the “5G Fast Plan,” it has split the Trump Administration at the Cabinet level – where Secretary of State Mike Pompeo and Attorney General William Barr have supported the FCC and Defense Secretary Mark Esper has attacked the decision. This turf battle has spilled over into Congress, with members of the Senate and House Armed Services Committee issuing dueling statements with members of the Commerce Committee (which has jurisdiction over the FCC). Unless contained, this 5G civil war threatens to paralyze the FCC spectrum process and the rollout of new spectrum for 5G.
The Department of Health and Human Services Office of the Assistant Secretary for Preparedness and Response (HHS ASPR) is providing an additional $250 million to aid US health care systems treating patients and responding to the COVID-19 pandemic. As authorized by the Coronavirus Aid, Relief, and Economic Security (CARES) Act, HHS has now provided a total of $350 million to health care systems for pandemic response. The funds will support hospitals and other health care entities to train workforces, expand telemedicine and the use of virtual healthcare, procure supplies and equipment, and coordinate effectively across regional, state and jurisdictional, and local health care facilities to respond to COVID-19.
In a censorship case filed against YouTube by LGBTQ content creators, the US Justice Department is defending the law that protects internet companies from lawsuits -- the same statute President Donald Trump has threatened to revoke. President Trump targeted the 1996 law in an executive order as he escalated a fight with Twitter after it tagged two of his tweets as potentially misleading. But three weeks earlier, the Justice Department weighed into the YouTube case and urged a federal judge not to declare the law unconstitutional after the content creators said it allows YouTube to violate their free-speech rights. The content makers accuse YouTube of using unlawful policies and algorithms to restrict the videos they post and strip them of ad revenue. The company denies discriminating against creators and claims it’s immune from the suit under section 230 of the Communications Decency Act, which shields tech platforms from being sued over content that users post on their sites.
The Center for Democracy & Technology filed a lawsuit against President Trump’s “Executive Order on Preventing Online Censorship,” signed May 28, 2020. The suit argues that the Executive Order violates the First Amendment by curtailing and chilling the constitutionally protected speech of online platforms and individuals.
“The Executive Order is designed to deter social media services from fighting misinformation, voter suppression, and the stoking of violence on their platforms,” said CDT President & CEO Alexandra Givens. “Access to accurate information about the voting process and the security of our elections infrastructure is the lifeblood of our democracy. The President has made clear that his goal is to use threats of retaliation and future regulation to intimidate intermediaries into changing how they moderate content, essentially ensuring that the dangers of voter suppression and disinformation will grow unchecked in an election year. CDT filed suit today because the President’s actions are a direct attack on the freedom of speech protected by the First Amendment. The government cannot and should not force online intermediaries into moderating speech according to the President’s whims. Blocking this order is crucial for protecting freedom of speech and continuing important work to ensure the integrity of the 2020 election.”
Top Facebook executives, including Mark Zuckerberg, spoke with civil rights leaders June 1 as the company confronts a wave of backlash over its decision not to moderate President Donald Trump's controversial posts. But the roughly hour-long call, intended to show the company takes concerns from the black community seriously, only further inflamed tensions. Color of Change President Rashad Robinson, NAACP Legal Defense Fund president Sherrilyn Ifil and The Leadership Conference on Civil and Human Rights chief executive Vanita Gupta immediately blasted Zuckerberg following the call. Robinson said the meeting was “disappointing.” “What was clear coming out of that meeting is Mark has no real understanding of the history or current impact of voter suppression, racism or discrimination. He lives in a bubble, and he defended every decision that he's made,” Robinson said.
He rails against the "far left's" hoaxes. He says the World Health Organization has been “beclowned” over its response to the coronavirus. And he describes a “secret and partisan surveillance machine” run by House Intelligence Chairman Adam Schiff (D-CA). Those aren't President Donald Trump's words. They came from Brendan Carr, the junior Republican on the Federal Communications Commission, who is embracing a flavor of distinctly Trumpian rhetoric that could help him leapfrog his way to the chairmanship of the five-member regulatory agency.
The FCC, though it has no direct authority over social media, could play a key role in assisting President Trump's efforts to rein in the power of Twitter and other online companies. And Commissioner Carr has spent months echoing some of the president's favorite rhetoric, from hammering the alleged partisan biases of Silicon Valley tech giants to accusing Beijing's Communist leaders of allowing the coronavirus’ spread.
If the goal was getting on President Trump’s radar, he succeeded. Within hours, President Trump tweeted Commissioner Carr’s interview with Lou Dobbs from his personal account, as did the official White House Twitter account. President Trump also retweeted Commissioner Carr’s statement praising the executive order. Donald Trump Jr., the president’s son, has also shared Commissioner Carr’s smackdowns of social media companies. And it’s not a first, either. Earlier in May, the White House retweeted Commissioner Carr accusing Politico of spreading “Communist propaganda” by publishing an article that quoted Chinese social media users' mockery of President Trump's handling of the pandemic.
“I just think it’s unfortunate when an FCC official goes way out of his lane just to try to audition to be the chairman in a possible second Trump administration,” said Benton Senior Fellow and Public Advocate Gigi Sohn. “I’ve been very shocked by how far out on a limb he’s gone to try to get the White House's attention.”
The Federal Communications Commission will hold an Open Meeting on Tuesday, June 9, 2020. Due to the current COVID-19 pandemic and related agency telework and headquarters access policies, this meeting will be in a wholly electronic format and will be open to the public on the Internet via live feed from the FCC’s web page and on the FCC’s YouTube channel.
- Rural Digital Opportunity Fund Final Auction Procedures (AU Docket No. 20-34; WC Docket No. 19-126; WC Docket No. 10-90): 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 in unserved areas.
- Modernizing and Expanding Access to the 70/80/90 GHz Bands (WT Docket Nos. 20-133, 10-153, 15-244; RM-11824, RM-11825): 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.
- State/Local Approval of Wireless Equipment Modifications (WT Docket No. 19-250; RM-11849) The FCC will consider a Declaratory Ruling and Notice of Proposed Rulemaking that would clarify, and seek comment on changes to, the FCC’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.
- Promoting Broadcast Internet Innovation through ATSC 3.0 (MB Docket No. 20-145): 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.
- Enforcement Bureau Action: The FCC will consider an enforcement action.
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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