Tuesday, August 4, 2020
Headlines Daily Digest
Don't Miss:
The Digital Divide and the Pandemic: Working from Home and Broadband and Internet Access
Executive Order on Improving Rural Health and Telehealth Access
Statement of Chairman Pai on Seeking Public Comment on NTIA's Sec. 230 Petition
President Trump withdraws renomination of FCC Commissioner Michael O’Rielly
Broadband/Internet
Wireless/Spectrum
Health
Education
Platforms
Emergency Communications
Election 2020
Accessibility
Privacy
Security
Television
Journalism
Labor
TikTok
Trump administration gives TikTok 45 days to sell to Microsoft or leave US | Ars Technica
President Trump Reverses Course on TikTok, Opening Door to Microsoft Bid | New York Times
House Minority Whip Steve Scalise, Commerce Committee Ranking Members Request Classified Briefing on TikTok | House of Representatives
US to widen action against Chinese tech groups beyond TikTok | Financial Times
Microsoft Aims for a Deal to Buy TikTok’s US Business | Wall Street Journal
TikTok Ban? Creators and Fans Are Big Mad | New York Times
President Trump Says US Should Get Slice of TikTok Sale Price | Wall Street Journal
With TikTok, ‘Uncool’ Microsoft Aims for the Love of Tweens | New York Times
How TikTok’s Owner Tried, and Failed, to Cross the US-China Divide | New York Times
For TikTok stars, Trump’s banning of the app would be devastating: It’s ‘given me my entire life’ | Washington Post
Microsoft’s Talks to Buy TikTok’s US Operations Raise Ire in China | Wall Street Journal
Policymakers
Broadband/Internet
The COVID-19 public health crisis has acutely and maybe even permanently changed the way many of us work. The future of the work environment is still unknown but we are increasingly seeing a future where telework, telelearning, and telehealth are valuable commodities for public health and economic resilience. However, short- and long-term investments are critical to improving our current state of work and internet access, both through broadband and increased affordability. Below are some suggestions.
Short-term responses
- Expand access via hotspot accessibility. Turn cellular data plans into permanent hotspots to increase household access to the internet.
- Create partnerships with school systems and business community to loan out tech equipment like laptops, desktops, tablets, and other devices to help communities and households that are largely dependent upon cell data for access get internet access.
Long-term investments
- Invest further in broadband access at the national and state levels. This investment could be in the form of public employment, changes to legislation to allow for easier installation of broadband in regions of need, and continued and enhanced Community Reinvestment Act incentives to financially support tech infrastructure in communities.
- Offer formula stipends for internet service subscriptions. This calculation could look similar to determining the free and reduced lunch rate for lower economic status students.
The lack of broadband and internet access in many communities was a problem that existed before the COVID-19 pandemic. The deficit will continue to exacerbate the digital divide and the nation’s ability to have an inclusive economic recover in the emerging work-from-home environment. The approaches this article suggests could help limit the prevalence of remote work deserts and address technological disadvantages for rural and lower socioeconomic populations. The nation’s response to the pandemic has shed a bright light on the need for improved technology and access. Ensuring that we have a system that provides widespread broadband services and lowers barriers to internet access is critical for our economic recovery and the mobility of our workforce.
As the coronavirus pandemic keeps many schools at least partially online, educators are scrambling to ensure both students and teachers can connect to the Internet. But so far the two parties can't agree on how to make that happen, potentially leaving more than 15 million children without a way to learn this fall.
Educators hope the next coronavirus relief package, which is still mired in partisan sniping, will provide funding specifically earmarked for helping students and teachers get online. Democratic lawmakers want to include $4 billion in funding specifically dedicated to virtual learning needs. Funds in their plan would be distributed through the Federal Communications Commission's E-Rate program that helps schools and libraries obtain affordable broadband access. The House version of the next relief package was approved with $1.5 billion in funding for WiFi hotspots, connected devices and other telecommunications services to schools and libraries.
Republican lawmakers have proposed $70 billion in overall funding for K-12 education, a pot of money they say recipients could also use for virtual learning. “However, the bill misses the mark and falls far short of the needs facing our nation's schools,” 16 education groups including the School Superintendents Association and National Education Association wrote in a letter to Senate leadership on July 30. The groups also expressed concern with GOP plans to tie that funding to the physical reopening of schools, which some educators have pushed back against as cases of the virus spike across the country.
How can Congress design an infrastructure stimulus that responds to today’s recession while still making forward-looking investments? This brief uses historical data and the earliest indicators from the COVID-19 downturn to make the case for a people-first approach to federal infrastructure stimulus. We specifically recommend that Congress:
- Launch a Boost Program (and associated Boost Card) to help cover the cost of essential transportation, water, energy, and broadband services for over 50 million households
- Pass a Keep America Moving grant program to protect state-of-good-repair initiatives and labor markets by expanding direct grants to state and local governments with requirements to spend on short-term maintenance projects
- Launch an InfraCorps Program to create and strengthen infrastructure career pathways for underrepresented and disadvantaged groups by securing multiyear funding for workforce development in the skilled trades and, potentially, full-time wages for 3 million apprenticeships
- Launch an ASCEND Program to promote long-run economic competitiveness by launching four public competitions and four private research investment programs that modernize water infrastructure, accelerate clean energy adoption, expand broadband networks and skills development, and address transportation and land use environmental injustices.
The total cost of these programs would range from $167 billion to $327 billion.
Wireless/Spectrum
FCC Announces New Version Of FCC Speed Test App And Release Of Updated Mobile Raw Data
The Federal Communications Commission released an updated version of its FCC Speed Test app to evaluate how well customers' mobile broadband connections are performing. This app, available from the Apple App Store and Google Play, has been updated to work the with latest versions of the iOS and Android operating systems. Like its predecessor, the updated app allows users to test their cellular and Wi-Fi network performance for download and upload speed, latency, jitter, and packet loss. Consistent with the FCC’s commitment to maintaining user privacy, the app collects no personal or uniquely identifiable information.
On May 12, 2020, Reps Randy Weber (R-TX), Brian Babin (R-TX), Vicente Gonzalez (D-TX), Henry Cuellar (D-TX), Roger Williams (R-TX), Lizzie Fletcher (D-TX), and Dan Crenshaw (R-TX) wrote to Federal Communications Commission Chairman Ajit Pai to express concerns about the FCC report and order "Transitioning the 900 MHz BAnd to Enable Broadband Deployment" and its potential impacts on the US' refining and petrochemical industries. The Reps listed different effects the draft order would have, including transferring key narrowband spectrum that is currently used by refinery workers for their radio lifelines.
On July 21, Chairman Pai responded by saying the FCC approved the order, and that the agency took seriously the concerns of current narrowband users. "Consequently, the Report and Order struck a balance between the goals of expanding access to broadband wireless communications services and maintaining access to sufficient spectrum for existing narrowband services." The FCC also announced a partial lifting of the 900 MHz band application freeze to permit existing licensees to file applications to relocate their narrowband operations as part of a transition plan.
On June 1, 2020, Republican Members of the House Commerce Committee wrote to Federal Communications Commission Chairman Ajit Pai in support of the "5G Upgrade Order" which the FCC considered at the June 9, 2020 meeting. "Reducing unnecessary regulatory burdens to promote broadband deployment is a top priority for Congress, and we urge the Commission to approve this Order at your June Open Meeting," the Reps wrote.
On July 24, 2020, Chairman Pai wrote that the FCC adopted the Declaratory Ruling on June 9. "Our action should expedite equipment upgrades to support next-generation networks, which are critical to wireless innovation, investment, jobs, and economic growth." He added that the FCC also adopted a Notice of Proposed Rulemaking that seeks comment on proposed rule changes regarding excavation or deployment outside the boundaries of an existing tower site and the effects of such activities on eligibility for streamline review.
Starry announced its “Fresh Start” debt forgiveness program for broadband subscribers who were unable to pay their broadband subscription fee due to the impacts of the COVID-19 health crisis. The Fresh Start program will wipe away any debt owed to Starry through July 31, 2020 and enable subscribers to start with a zero dollar balance beginning August 1. The Fresh Start program applies to subscribers who opted into Starry’s COVID-19 relief program during the Federal Communications Commission's “Keep Americans Connected” pledge period and includes subscribers who requested partial and full relief during the pledge period.
President Donald Trump signed a new Executive Order to further expand access to telehealth services during the COVID-19 pandemic, especially in rural communities.
Sec 2. Launching an Innovative Payment Model to Enable Rural Healthcare Transformation. Within 30 days of the date of this order, the Secretary of Health & Human Services will announce a new model, pursuant to section 1115A of the Social Security Act (42 U.S.C. 1315a), to test innovative payment mechanisms in order to ensure that rural healthcare providers are able to provide the necessary level and quality of care. This model should give rural providers flexibilities from existing Medicare rules, establish predictable financial payments, and encourage the movement into high-quality, value-based care.
Sec. 3. Investments in Physical and Communications Infrastructure. Within 30 days of the date of this order, the Secretary and the Secretary of Agriculture shall, consistent with applicable law and subject to the availability of appropriations, and in coordination with the Federal Communications Commission and other executive departments and agencies, as appropriate, develop and implement a strategy to improve rural health by improving the physical and communications healthcare infrastructure available to rural Americans.
Currently, there are 14 million people living in urban communities in the U.S. who cannot access telehealth service, yet the Federal Communications Commission and USDA will spend $5 billion this year to get telehealth and broadband to 4 million rural households. At the same time, the FCC’s spending for its $9.25 monthly urban subsidy program, Lifeline, has dropped from $2.2 billion to less than $1 billion. In a time when COVID-19 is disproportionally killing Black Americans, urban communities need high-quality affordable broadband services and infrastructure, and not subsidies that go toward poor infrastructure that often is unable to run telehealth apps. The House of Representatives has a $100 billion broadband infrastructure bill on the table, hopefully with stated urban/rural funding parity goals. What they really need, however, is a companion bill that mandates strict accountability and deep audits that hold grant recipients’ feet to the fire. It doesn’t help to give away billions if there is neither incentive nor punishment to funding recipients for finishing the job correctly.
Alabama Gov. Kay Ivey (R) has allocated $100 million in federal CARES Act funding to increase access to internet for K-12 students who will be doing virtual learning when school starts. “Despite the upheavals in our lives during the past few months and at least into the near future, children must be able to continue their classroom instruction,” said Gov Ivey. “This funding will expand internet access to allow more students to access distance learning while creating smaller classes in schools that provide those options and will also ensure their safety during the pandemic. While I respect those districts that have elected to use remote learning, I fear that a slide will come by keeping our kids at home,” she continued. “These funds will bridge the gap until all students can get back into the classroom as soon as possible."
The program, called Alabama Broadband Connectivity (ABC) for Students, will provide vouchers for families of students currently eligible for free and reduced-price school meals, or other income criteria. The vouchers will help cover equipment and service costs for high-speed internet service from the fall through Dec. 31. Families with children who receive free or reduced school lunch will be mailed a letter in August to explain how to access the program.
At least 18 school systems across Alabama are waiting on more than 33,000 new laptops, currently languishing in customs. Ryan Hollingsworth is director of the School Superintendents of Alabama, the organization representing the superintendents of all of Alabama’s 138 school districts. He said the laptops are being held as part of a human rights dispute. It is unclear what specific human rights dispute is holding up the equipment. The US Commerce Department has taken action over the last few months chiefly against imports made with suspected forced labor. In July, the department added 11 Chinese companies to a list of those suspected of using forced labor.
The Federal Communications Commission's Consumer and Governmental Affairs Bureau will invite public input on the Petition for Rulemaking recently filed by the Department of Commerce regarding Section 230 of the Communications Decency Act of 1996. Longstanding rules require the agency to put such petitions out for public comment ‘promptly,’ and we will follow that requirement here. I strongly disagree with those who demand that we ignore the law and deny the public and all stakeholders the opportunity to weigh in on this important issue. We should welcome vigorous debate—not foreclose it. The American people deserve to have a say, and we will give them that chance. Their feedback over the next 45 days will help us as we carefully review this petition.
In the last few years, a number of pundits, advocates, and journalists have argued that market concentration has grown in the United States and that this has caused a precipitous decline in the number of business start-ups. In this narrative, “monopoly” is a sclerotic scourge, robbing the economy of its traditional dynamism and leading to a host of problems, including less innovation and slower job growth. But there is no statistical relationship between start-up creation and change in concentration by industry; high-growth start-up activity is healthy.
Emergency Communications
Chairman Pai's Response to Members of Congress Re: GAO Report on Emergency Alerts
On July 21, 2020, Federal Communications Commission Chairman Ajit Pai responded to several Members of Congress regarding a Government Accountability Office (GAO) report entitled "Emergency Alerting: Agencies Need to Address Pending Applications and Monitory Industry Progress on System Improvements". The Report makes three recommendations for executive action — two addressed to the Federal Emergency Management Agency and one addressed to the FCC. With respect to the FCC, the Report recommends that 1) The Chairman should develop specific, measurable goals and performance measures for FCC efforts to monitor the performance of new Wireless Emergency Alerts (WEA) capabilities, such as enhanced geo-targeting and expanded alert message length.
In his letter, Chairman Pai notes that the FCC has adopted various requirements to improve the value of WEA messaging, such as "geo-targeting" rules, which require that alerts be tailored more precisely to those geographic areas in which the alert is most relevant. He also writes that the FCC has a pending rulemaking proceeding that specifically seeks comment on whether the FCC should adopt performance metrics, such as benchmarks regarding the extent to which these alerts have been received. He provided further update to the rulemaking proceeding.
A Biden presidency would put the tech industry on stabler ground than it's had with President Trump. Although Biden is unlikely to rein in those Democrats who are itching to regulate the big platforms, he'll almost certainly have other, bigger priorities. Democrats familiar with the Biden campaign's work on tech made these predictions:
- Any early tech policy initiatives will be wrapped up in crisis response.
- Don't expect an aggressive tech policy agenda.
- Once in office, Biden would take cues from the party, even if it means getting more aggressive on tech.
One person to watch: Mignon Clyburn. The Obama administration veteran is the only Black woman to ever run the Federal Communications Commission, during a roughly six-month stint as acting chair in 2013. She also has a strong relationship with many in the Biden campaign orbit and is the daughter of Rep. Jim Clyburn (D-SC), a close Biden ally widely credited with helping Biden secure the Democratic nomination. Observers say she'd land a choice job in a Biden administration and is favored to be his FCC chair unless she turns it down.
The Federal Communications Commission announces the opening of the nomination period for the Ninth Chairman’s Awards for Advancement in Accessibility (“Chairman’s AAA”). The nomination period opens on Aug 3, 2020 and continues through 11:59 p.m. EDT on Sept 4, 2020.
In recognition of 2020’s 30th anniversary of the Americans with Disabilities Act (ADA) and the 10th anniversary of the Twenty-First Century Communications and Video Accessibility Act (CVAA), the FCC is soliciting nominations for individuals who have made lasting and impactful contributions to the advancement of accessible communications technologies and services in the fields of policy, advocacy, research, and design. While in previous years, the Chairman’s AAA has honored emerging and innovative technologies, this year’s awards will recognize the contributions made by those committed to making “rapid, efficient nationwide communication service” available to all individuals.
Please send all nominations to: ChairmansAAA@fcc.gov by 11:59 p.m. EDT, Sept 4, 2020. Award winners will be recognized at a ceremony to be held in Oct 2020.
The White House withdrew the nomination of Federal Communications Commissioner Mike O'Rielly to serve another term, a surprising development that came after his nomination was approved by the Senate Commerce Committee in July. The announcement came less than a week after Senate Armed Services Committee Chairman Jim Inhofe (R-OK) said he would block O'Rielly's nomination over the five-member FCC's unanimous decision to allow Ligado Networks to deploy a low-power nationwide mobile broadband network.
The withdrawal also came after President Donald Trump in May demanded the Commerce Department petition the FCC to consider new regulations on social media moderation practices. Commissioner O’Rielly has expressed some skepticism about whether the FCC has authority to issue new regulations covering social media companies. Commissioner O'Rielly made comments in late July that drew attention of some White House and industry officials. He said, "the First Amendment protects us from limits on speech imposed by the government - not private actors - and we should all reject demands, in the name of the First Amendment, for private actors to curate or publish speech in a certain way." He added that "like it or not, the First Amendment’s protections apply to corporate entities, especially when they engage in editorial decision making. It is time to stop allowing purveyors of First Amendment gibberish to claim they support more speech, when their actions make clear that they would actually curtail it through government 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.
© Benton Institute for Broadband & Society 2020. Redistribution of this email publication — both internally and externally — is encouraged if it includes this message. For subscribe/unsubscribe info email: headlines AT benton DOT org
Kevin Taglang
Executive Editor, Communications-related Headlines
Benton Institute
for Broadband & Society
727 Chicago Avenue
Evanston, IL 60202
847-328-3049
headlines AT benton DOT org
The Benton Institute for Broadband & Society All Rights Reserved © 2019