Thursday, July 2, 2020
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House passes $1.5 trillion infrastructure bill
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Sen Klobuchar Introduces Comprehensive Broadband Infrastructure Legislation
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Broadband/Internet
House passes $1.5 trillion infrastructure bill, but Senate Majority Leader McConnell calls it ‘pointless political theater’

The House passed a $1.5 trillion infrastructure bill, the Moving Forward Act, that would sharply increase spending on roads and transit, push for deep reductions in pollution, direct billions to water projects, affordable housing, broadband and schools, and upgrade hospitals and US Postal Service trucks. The bill pours more than $300 billion into repairing bridges and roads, $130 billion into schools that educate low-income children, more than $100 billion into building or preserving affordable housing and $100 billion into expanding broadband internet access. House Speaker Nancy Pelosi (D-CA) said Democrats were making good on a promise to rebuild America with “green, resilient, modern and job-creating infrastructure,” adding that the Moving Forward Act “shows that everything in our country is connected, from the education of our children to the technologies of the future to the road map to get there.”The bill passed largely along party lines after days of debate and amendments, with three Republicans voting yes and two Democrats casting no votes. The bill now goes to the Senate, where it drew immediate criticism from Majority Leader Mitch McConnell (R-KY)
Sen Klobuchar Introduces Comprehensive Broadband Infrastructure Legislation to Expand Access to Affordable High-Speed Internet

Senator Amy Klobuchar (D-MN), co-chair of the Senate Broadband Caucus, introduced comprehensive broadband infrastructure legislation to expand access to affordable high-speed internet for all Americans. The Accessible, Affordable Internet for All Act will invest $100 billion to build high-speed broadband infrastructure in unserved and underserved communities to close the digital divide and connect Americans to ensure they have increased access to education, health care, and business opportunities. The legislation in the House of Representatives is led by House Majority Whip James Clyburn (D-SC) and members of the House Rural Broadband Task Force. The Accessible, Affordable Internet for All Act would do the following:
- Encourage Universal Broadband Access by:
- including $80 billion to deploy high-speed broadband infrastructure nationwide;
- allocating $5 billion for low-interest financing of broadband deployment through a new secured loan program; and
- establishing a new office within the National Telecommunications and Information Administration to ensure efficient use of federal money.
- Ensure Internet Affordability by:
- requiring an affordable option for internet service plans offered on the newly-built infrastructure;
- providing a $50 monthly discount on plans for low-income consumers; and
- directing the FCC to collect and publicize data on prices charged for broadband service throughout the country.
- Promote Internet Adoption by:
- providing over $1 billion to establish grant programs for states to close gaps in broadband adoption, as well as digital inclusion projects for organizations and local communities to implement;
- including $5 billion to enable students without internet at home to participate in remote learning; and
- authorizing funding for Wi-Fi on school buses so students can stay connected, especially in rural areas where longer bus rides are common.
In the Senate, the Accessible, Affordable Internet for All Act is cosponsored by Senators Brian Schatz (D-HI), Mark R. Warner (D-VA), Ed Markey (D-MA), Cory Booker (D-NJ), Kamala Harris (D-CA), Elizabeth Warren (D-MA), Catherine Cortez Masto (D-NV), and Jacky Rosen (D-NV).

Federal Communications Commission Chairman Ajit Pai sent a letter to Sen. Tom Udall (D-CO) on June 22, 2020, to respond to the senator's letter asking the FCC to prioritize relief for low-income citizens by increasing Lifeline support. Chairman Pai said the FCC waived certain Lifeline program rules and allowed Lifeline applicants on rural tribal lands to begin receiving Lifeline benefits while their application was in the process of being verified.

According the latest Census data on computer and Internet use, 85.7% of Americans have fixed-line broadband service in the home. But during the COVID pandemic, it is the 14.3% of broadband “have nots” getting all the attention. Congress is now contemplating spending as much as $100 billion on programs to bridge this “Digital Divide,” adding to several existing billion-dollar-plus federal programs addressing broadband adoption and network expansion—including the Federal Communications Commission’s Lifeline and Rural Digital Opportunity Fund Programs (and its predecessors). The data clearly reveal what is already known and reported: “major carriers were required to shed a significant number of Lifeline subscribers after stricter policies were implemented by the FCC in 2012.” My statistical analysis of the data confirms that the reductions in Lifeline subscriptions since 2016 follow the same trend established between 2012 and 2016. Moreover, the first major order on Lifeline by the Trump Administration’s FCC was in November 2019. If blame is to be assigned for reduced enrollment in the Lifeline Program, then blame falls in the lap of the Obama Administration, though taking blame for curbing waste, fraud and abuse is no disgrace. With more expansive broadband subsidies on the table, it is critical that the FCC continue its efforts to better administer the Lifeline Program. Despite its flaws, Lifeline may be the mechanism for allocating increased broadband subsidies for low-income Americans. If the Digital Divide is to be bridged, then it is vital to respect what funding is available and distribute it wisely and effectively

Cyberspace is ruled today by the likes of Google, Facebook, Amazon, Alibaba, Tencent, and Baidu—a small handful of the biggest companies on earth. But it is clear that a desire for revolution is brewing. “We’re taking the internet back to a time when it provided this open environment for creativity and economic growth, a free market where services could connect on equal terms,” says Dominic Williams, Dfinity’s founder and chief scientist. “We want to give the internet its mojo back.” Dfinity is building what it calls the internet computer, a decentralized technology spread across a network of independent data centers that allows software to run anywhere on the internet rather than in server farms that are increasingly controlled by large firms such as Amazon Web Services or Google Cloud.

DISH has completed its $1.4 billion acquisition of Boost Mobile. With this purchase, DISH officially enters the retail wireless market, serving more than nine million customers. Boost has begun, and will continue, to activate customers with a compatible device onto the new T-Mobile network, where customers will receive a stronger signal, faster speeds, and more coverage. DISH continues to make progress on its 5G network deployment and recently announced the selection of Fujitsu for radio units and Altiostar and Mavenir for cloud-native, Open RAN software.
Chairman Pai's Response to Senators Regarding Extending the 2.5 GHz Rural Tribal Priority Window by 180 Days

Federal Communications Commission Chairman Pai sent letters to 38 senators on June 23, 2020, in response to their letter that asked the FCC to extend the 2.5 GHz Rural Tribal Window by 180 days in light of the pandemic. Chairman Pai noted the FCC granted four emergency short-term grants of special temporary authority in the 700 MHz and 2.5 GHz bands to support the Navajo Nation, Zuni Pueblo, and Makah Tribe communications and pandemic response efforts. And Chairman Pai said the FCC has yet to make a decision on whether to extend the August 3, 2020 application window deadline.
Health
Chairman Pai's Response to Senators Regarding Implementation of the COVID-19 Telehealth Program

Federal Communications Commission Chairman Ajit Pai sent letters to 16 members of Congress on June 22, 2020, to respond to their letter asking the FCC for information on how it will select applicants for the COVID-19 Telehealth Program. Pai said the FCC consulted with the Centers for Disease Control and Prevention (CDC) to identify the hardest-hit areas and the FCC has taken steps to ensure health care providers have the necessary information to participate.

Federal Communications Commission Chairman Ajit Pai sent letters to Sens. Lisa Murkowski (R-Alaska) and Dan Sullivan (R-Alaska), and Rep. Don Young (R-Alaska) on June 23, 2020, to respond to their letter urging the FCC to take steps to make more rural health care funding available to providers during the pandemic. Chairman Pai said the FCC extended the RHC program window until June 30, 2020, eased competitive bidding requirements for providers with expired evergreen contracts, and extended a number of filing deadlines.

The Federal Communications Commission’s Wireline Competition Bureau approved an additional 70 funding applications for the COVID-19 Telehealth Program. Health care providers in both urban and rural areas of the country will use this $31.63 million in funding to provide telehealth services during the coronavirus pandemic. To date, the FCC’s COVID-19 Telehealth Program, which was authorized by the CARES Act, has approved 514 funding applications in 46 states plus Washington, D.C. for a total of $189.27 million in funding. For a list of health care providers that were approved for funding, visit link below

Senate Democrats are attempting to add their distance learning E-Rate funding bill to the must-pass National Defense Authorization Act (NDAA). Sens. Ed Markey (D-MA), Michael Bennet (D-CO), Maggie Hassan (D-NH), and Chris Van Hollen (D-MD) have proposed their Emergency Educational Connections Act as an amendment on the bill. The bill would ensure that all K-12 students have access to "adequate" home broadband connectivity and devices during the COVID-19 pandemic. The bill would clarify that E-rate could be used for equipment and service at "locations other than the school."

One of the most important privacy cases you’ve never heard of is being litigated right now in a federal district court in Maine. ACA v. Frey is a challenge by the nation’s largest broadband Internet access providers to a Maine law that protects the privacy of the state's broadband Internet users. If the broadband providers prevail, this case could eliminate sector-specific privacy laws across the nation, foreclose national privacy legislation, and have broad implications for broadband regulation generally. While the broadband industry should lose this case, there are never any guarantees. A decision favoring the broadband industry would put every consumer privacy bill and law—including those seeking to regulate the data collection and data protection powers of big technology companies, retailers, banks, hotels, credit reporting agencies and others—at risk, whether or not they are sector specific. Worse, a broad ruling in favor of the industry's First Amendment "rights" could put other regulations at risk, including net neutrality and other efforts to protect consumers and promote competition. While normally a federal district court case in the sparsely populated state of Maine wouldn’t raise much nationwide attention, ACA v. Frey should. The future of consumer privacy protections may depend on it.
[Jeff Gary is a project manager at Georgetown Law, where he runs technology-focused educational and training programs for state attorneys general and researches digital advertising. Gigi Sohn is a Distinguished Fellow at the Georgetown Institute for Technology Law and Policy and a Benton Senior Fellow and Public Advocate.]

The mass migration to remote work helped companies solve a major coronavirus challenge, but the recent civil unrest has exposed diversity and opportunity gaps across the US, which telecommuting is beginning to exacerbate. Low-income students and students of color entering the workforce are struggling to overcome a telecommuting digital divide. The data is starting to back up the personal experience. A WayUp survey in April 2020 highlighted that Black and Hispanic college students and recent grads are much less comfortable with virtual work than their White peers.
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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