Tuesday, August 18, 2020
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Chairman Pai to Congress: Let FCC Lead on Broadband
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Christopher Ali & Harin Contractor: Closing the digital divide requires a coalition on USF reform
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Universal Service Fund
Federal Communications Commission Chairman Ajit Pai is offering a suggestion to lawmakers: Perhaps forget about loading the Department of Agriculture with cash to subsidize broadband buildout and supply the FCC with those funds instead? “If the goal is to avoid overbuilding and other duplicative efforts, Congress should allocate funding solely to one agency — the FCC, which has long been primarily responsible for promoting broadband deployment in the United States,” Chairman Pai told Senate Commerce Committee Chairman Roger Wicker (R-MS) following a June 24 oversight hearing. Pai’s recommendation comes as many lawmakers look to USDA as a natural place to run broadband subsidy programs, even as the FCC runs its own universal service subsidy fund of many billions of dollars. House appropriators are this year proposing to expand USDA’s ReConnect broadband program, clearing legislation through the chamber to give the department hundreds of millions of dollars. But the Pai exchange underscores jurisdictional administration jockeying on broadband, which will be worth watching if Congress ever reaches a bigger deal on infrastructure and amid Covid-19 connectivity discussions.
COVID-19 has exacerbated the digital “haves” and “have nots” through remote work, learning, and telehealth, yet our government’s main agency to support greater access and adoption is inadequately funded and functioned to meet this moment. AT&T recently published a blogpost lamenting the rise in contributions to the Universal Service Fund (USF) and arguing for funding reform. The USF funds a series of subsidy programs aimed at ameliorating the digital divide. It is bankrolled by contributions from telecommunication companies in the form of a levy on telephone bills. That amount has risen to 26 percent, up from 14 percent a decade ago. This means that 26 percent of profits earned on interstate and international phone calls goes to the USF. These contributions are passed down to consumers’ bills as an additional surcharge. AT&T is not wrong to argue for “USF reform.” But AT&T cannot shirk its obligations and should contribute to build partners for an “all of the above” strategy to fund and support the USF. We need to build a coalition around reform that puts communities and stakeholders at the forefront. A connected America is too important to leave to the largest corporations alone. This includes regulators, USF contributing companies, receiving companies, and the rural and marginalized communities USF is designed to serve. Broadband, after all, is not about technology, money and policy: Broadband is about people.
Christopher Ali, is an Associate Professor in the Department of Media Studies at the University of Virginia and Faculty Fellow with the Benton Institute for Broadband & Society.
Harin Contractor was the former Economic Policy Advisor to the U.S. Secretary of Labor. He also founded the Data Analytics team at the Universal Service Administrative Company (USAC).
In light of the ongoing pandemic, the Federal Communications Commission finds good cause to extend its prior waivers of certain Lifeline program rules governing recertification, reverification, general deenrollment, subscriber usage, income documentation, and documentation requirements for subscribers residing in rural areas on Tribal lands through November 30, 2020. The FCC will continue to monitor the situation to determine whether any additional extension of these waivers is appropriate.
Broadband/Internet
Top cable companies quietly expand their broadband territory, ensuring growth for the foreseeable future
Cable operators, cognizant that the broadband wave the industry has been riding for more than a decade could eventually come to a halt, have quietly been building out their service footprints, expanding the pool of potential high-speed internet customers and ensuring a lengthy growth runway for their most profitable service. In the second quarter, both Charter Communications and Comcast reported record broadband subscriber growth despite the ongoing pandemic. Charter led the way with the addition of 850,000 broadband customers (588,000, when certain COVID-19 related programs are excluded). Comcast added 323,000 subscribers for its best Q2 growth in 13 years. Even with the COVID-19 programs excluded — mainly the Federal Communications Commission’s Keep Americans Connected Pledge and Charter’s own Remote Education Offer — broadband growth was an all-time high for Charter.
While the popularity of the broadband product could be due to Americans being confined to their homes for most of the day as the pandemic rages on, both Charter and Comcast believe that there is ample runway ahead for the service. And they aren’t the only ones.
Despite subscribers' response to Verizon's 1-Gigabit service, the telco has no plans for offering the faster speed out of the current footprint. Verizon CFO Matt Ellis said his company was "selling a lot of gigabit speed," due in part to the demand for video streaming and other services during the coronavirus pandemic. "If you think about Fios footprint in the essentially the DC to Boston corridor, we're not expanding outside of that geography, but we are seeing strong demand for that product," Ellis said.
Education
‘A national crisis’: As coronavirus forces many schools online this fall, millions of disconnected students are being left behind
For all the talk of Generation Z’s Internet savvy, a stunning number of young people are locked out of virtual classes because they lack high-speed Internet service at home. In 2018, nearly 17 million children lived in homes without high-speed Internet, and more than 7 million did not have computers at home. The issue affects a disproportionately high percentage of Black, Latino and Native American households — with nearly one-third of students lacking high-speed Internet at home. Students in Southern states and in rural communities also were particularly overrepresented. In Mississippi and Arkansas, about 40 percent of students lacked high-speed Internet.
Education advocates say Congress could deliver an easy fix as part of a coronavirus relief package by expanding an existing program that helps schools and libraries get Internet service. But those hopes collapsed alongside talks between Congress and the White House on a new relief package. With talks deadlocked, President Donald Trump issued an executive order for coronavirus relief. It provides nothing for K-12 public schools. The consequences of the gap between those who have access to virtual learning and those who do not could be felt for years to come. "It’s dire,” said Rep. Abigail Spanberger (D-VA), who has pushed to increase funding that subsidizes the cost of Internet service for schools and libraries. Her district contains parts of rural Virginia that are not served by Internet service providers. “We are generationally committing to significant divides in our communities over what kind of education our children are getting.”
Some Justice Department staffers have expressed internal concerns over plans to bring an antitrust lawsuit against Google—and what they view as an aggressive timeline favored by Attorney General William Barr. The department has been moving toward bringing a lawsuit as soon as this summer, but some lawyers involved in the yearlong investigation have expressed a belief that the department doesn’t have a camera-ready case right now and needs more time to consider whether the millions of pages of documents in the government’s possession yield the kind of evidence needed to win in court. Dozens of government antitrust lawyers are on teams investigating whether the search giant has used its dominance to stifle competition. One group is focused on Google’s search practices, and some of its members have voiced the belief that there are vulnerabilities in a case built around those issues. Another team is examining Google’s online advertising business, where the company owns industry-leading tools at every link in the complex chain between online publishers and advertisers. Some attorneys working on that aspect of the probe aren’t ready to move forward because they are still untangling the new and complex issues raised by that part of Google’s business and how it affects the many companies in the digital ecosystem.
Epic Games, locked in a legal battle with Apple and Google over developer payments, now says Apple is threatening to cut the company off from developer accounts and iOS and Mac development tools. This decision, expected to go into effect Aug. 28, might have widespread effects on App Store development. This goes beyond “Fortnite,” the Epic Games title that was the catalyst for the legal fight. Epic Games is also the creator of Unreal Engine, which has not only become an industry standard for creating video games, but as well as film, commercial business and TV shows like “The Mandalorian” on Disney+. Without that access, all future versions of Unreal Engine can’t be developed for iOS and Mac devices like iPhones and Macbooks. In turn, subsequent updates to iOS or Mac devices could make software running on Unreal Engine unusable. Epic has filed for a temporary restraining order to stop the move from taking effect.
Four Indiana cities, including Indianapolis, have jointly filed suit in a local state court, seeking to collect “franchise fees” usually charged to cable operators from Netflix and several other video operators, none of which are cable providers. Defendants also include Disney Plus and Hulu, as well as satellite TV companies DirecTV and Dish Network. The cities of Fishers, Evansville and Valparaiso joined Indianapolis in filing the complaint in Marion Superior Court. The suit calls on the defendants to pay 5% of revenue collected in their cities as part of the Video Service Franchise Act of 2012.
Security
Commerce Department Further Restricts Huawei Access to US Technology and Adds Another 38 Affiliates to the Entity List
The Bureau of Industry and Security (BIS) in the Department of Commerce further restricted access by Huawei Technologies and its non-US affiliates on the Entity List to items produced domestically and abroad from US technology and software. In addition, BIS added another 38 Huawei affiliates to the Entity List, which imposes a license requirement for all items subject to the Export Administration Regulations (EAR) and modified four existing Huawei Entity List entries. BIS also imposed license requirements on any transaction involving items subject to Commerce export control jurisdiction where a party on the Entity List is involved, such as when Huawei (or other Entity List entities) acts as a purchaser, intermediate, or end user. These actions, effective immediately, prevent Huawei’s attempts to circumvent US export controls to obtain electronic components developed or produced using US technology. This amendment further restricts Huawei from obtaining foreign made chips developed or produced from US software or technology to the same degree as comparable US chips.
Trump-administration moves herald a new, more invasive American philosophy of tech regulation, one that hews closer to China’s protectionist one, though without the aims of censoring content and controlling the populace. The shift could hurt American internet giants like Facebook and Google, which have greatly benefited from the borderless digital terroir outside China, as well as Chinese internet giants like Tencent and Alibaba, which have tried to expand into the West. If more countries follow President Donald Trump by basing digital controls on diplomatic allegiances, protectionist aims, or new concerns about the security of their citizens, the internet could become more of a patchwork of fiefs as varied as the visa policies that fragment world travel. While few countries have fully embraced China’s walled-garden approach to cyberspace, many governments are uneasy with the dominance of American giants like Facebook, Google and Amazon within their borders, and are considering new taxes and restrictions on their operations. As the Trump administration cracks down on TikTok and WeChat, other nations may start to see their dependence on US technology providers in a different light.
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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