Daily Digest 11/30/2023 (Heinz Alfred Kissinger)

Benton Institute for Broadband & Society
Table of Contents

Broadband Funding

How ACP negotiations might shake out  |  Read below  |  Nicole Ferraro  |  Light Reading
US Affordable Connectivity Program is Closing the Digital Divide  |  Read below  |  John Horrigan  |  Op-Ed  |  Tech Policy Press
FCC Provides Guidance to High-Cost Support Recipients Regarding Engagement with States and Tribal Governments  |  Read below  |  Public Notice  |  Federal Communications Commission

Digital Discrimination

Big ISPs Hate the Federal Communications Commission’s Digital Discrimination Rules  |  Read below  |  Doug Dawson  |  Analysis  |  CCG Consulting

Equity

How generous are each state’s safety net programs? An introduction to the state safety net index  |  Brookings Institute

Data & Mapping

Chairwoman Rosenworcel's Response to Members of Congress Regarding Broadband Data Collection  |  Read below  |  FCC Chairwoman Jessica Rosenworcel  |  Letter  |  Federal Communications Commission

Net Neutrality

Chairwoman Rosenworcel's Response to Rep. Walberg Regarding the Safeguarding and Securing the Open Internet Proceeding  |  Read below  |  FCC Chairwoman Jessica Rosenworcel  |  Letter  |  Federal Communications Commission

Spectrum

Notice of National Spectrum Strategy Implementation Plan  |  Read below  |  Public Notice  |  National Telecommunications and Information Administration

Labor

Justin Hughes | Can Hollywood’s new SAG-AFTRA contract hold AI at bay?  |  Los Angeles Times
Remote Work Is Here to Stay  |  Read below  |  Deja Thomas  |  Analysis  |  Public Policy Institute of California

Advertising

Advertising Watchdog Tells Charter to Soften Claims About T-Mobile Home Internet  |  Read below  |  Carl Weinschenk  |  telecompetitor

Devices

Apple Is Doing Its Part to End Green Bubble Shaming. It’s Our Turn.  |  New York Times
Nvidia CEO Says US Will Take Years to Achieve Chip Independence  |  Bloomberg
Why Amazon and Nvidia Need Each Other  |  Wall Street Journal

Platforms/Social Media

Elon Musk targets advertisers who boycott X with expletive-filled rant  |  Washington Post

Industry/Company News

New report highlights AT&T's dominance in Q3 fiber expansion  |  Read below  |  Julia King  |  Fierce
Verizon’s Joe Russo talks about capacity planning for fixed wireless access  |  Read below  |  Linda Hardesty  |  Fierce
Ciena Invests in U.S. Manufacturing with Flex to Support BEAD-funded Projects, Strengthen Domestic Supply Chain and Add High-Tech Jobs  |  Summary at Benton.org  |  Press Release  |  Ciena
DigitalBridge Announces Total Commitments of $1.1 Billion for Digital Infrastructure Credit Strategy  |  DigitalBridge
Ubiquity secures green loan to expand open access fiber across four states  |  Fierce
OpenAI’s New Board Takes Over and Says Microsoft Will Have Observer Role  |  Wall Street Journal

Stories From Abroad

Measuring Global Digital Development: Facts and Figures 2023  |  Read below  |  Research  |  International Telecommunication Union
Google, Canada Reach Settlement Over News Payments  |  Wall Street Journal
Today's Top Stories

Broadband Funding

How ACP negotiations might shake out

Nicole Ferraro  |  Light Reading

The looming lapse of funding for the Affordable Connectivity Program (ACP) threatens to widen the affordability and adoption gap just as the access gap is closing. The ACP, which currently provides a monthly broadband subsidy of $30 for roughly 22 million households, is projected to run out of funding by April 2024 without action from Congress. And, despite a recent push from President Biden to fund the program with $6 billion through 2024, industry stakeholders are increasingly pessimistic that will happen in 2023. The ACP has broad support in the telecommunications industry, as well as with consumer advocates, making it an easy win for politicians who don't always get to score points with both groups on a single issue, not to mention with their own constituents. "The House is the number-one issue mainly because it's operating on what's called a 'CUTGO' type of framework, meaning that you're gonna have to find places to cut if you want to move forward on the other spending packages and spending programs," said Joel Thayer, president of the Digital Progress Institute. ("CUTGO" is cool congressional lingo for "cut-as-you-go.") Thayer said that while a request for ACP funding from the White House was positive and necessary, couching it in a broader request for billions of dollars in aid for international wars and domestic border security allowed the ACP funding request to serve "more as a sacrificial lamb in order to create a negotiation on these other priorities." Notably, with the Republican House operating on a "CUTGO" approach, some industry stakeholders argue that continuing the ACP will save the government money. Thayer expects an FCC reform package around the Universal Service Fund (USF), or a light infrastructure package that addresses some Republican concerns with the BEAD program, to be negotiated early in 2024. Most likely, Republicans would seek to tighten certain aspects of the ACP, such as eligibility requirements. Whether it's possible to pass such a package before ACP runs dry, without an interim extension of the funds, is unclear.

US Affordable Connectivity Program is Closing the Digital Divide

John Horrigan  |  Op-Ed  |  Tech Policy Press

In the wake of the Biden Administration’s request for a $6 billion extension of the Affordable Connectivity Program (ACP), some in Congress question the program’s true impact on bringing broadband access to new users. Critics have pointed to a lack of data confirming whether the program’s impressive enrollment figures translate into a meaningful increase in internet access for previously disconnected individuals. Admittedly, the data was sparse until now. As policymakers consider the future of the ACP program, my new analysis of program enrollment and broadband adoption data demonstrates that the program effectively meets its primary mission: closing the digital divide. ACP enrollment rates have been robust since the program’s inception at the beginning of 2022. Through October of 2023, 21.5 million households have enrolled in the program, which means that approximately 18% of US households with broadband subscriptions rely on the subsidy. ACP sign-ups have been particularly strong in places where poverty rates are high, and are notably the same in urban and rural areas. Enrollment is also higher than expected in areas with households headed by Black people and Latinos, and in places with high unemployment. Overall, ACP enrollment is growing in the places and among the people that the program targets, and not only that, but it is also helping people who did not previously have access to get online. In other words, the answer to the question of whether the ACP is closing the digital divide is a clear yes. This makes maintaining the ACP more crucial than ever. Subscription vulnerability – the challenge of maintaining broadband subscriptions for low-income households – will endure. That means the need for service subsidies will, too. Thus far, the Affordable Connectivity Program has shown itself to be an effective tool for helping people get and stay online.

FCC Provides Guidance to High-Cost Support Recipients Regarding Engagement with States and Tribal Governments

Public Notice  |  Federal Communications Commission

The Federal Communications Commission's Wireline Competition Bureau provided guidance to Enhanced Alternative Connect America Cost Model (Enhanced A-CAM), Rural Digital Opportunity Fund (RDOF), Connect America Fund (CAF) Phase II auction, Bringing Puerto Rico Together Fund, and Connect USVI Fund support recipients (collectively, high-cost support recipients or service providers) regarding their coordination with state broadband offices and Tribal entities to determine the eligibility of locations for the Broadband Equity, Access, and Deployment Program (BEAD Program), and to avoid duplicative broadband network funding.  Differing timelines, deployment commitments, and technologies across federal funding programs require a collaborative effort not just between federal agencies, but also among states, Tribal governments, and service providers to avoid unnecessary duplication and to maximize the deployment of high-quality broadband service across the United States. 

  • High-Cost Support Recipients Should Engage Directly with State Broadband Offices and Provide Detailed Information on the Technologies That Will Be Used for Deployment
  • High-Cost Support Recipients Should Engage With Each Relevant Tribal Government Every Year Even if the High-Cost Support Recipient Has Not Begun Deployment

Digital Discrimination

Big ISPs Hate the Federal Communications Commission’s Digital Discrimination Rules

Doug Dawson  |  Analysis  |  CCG Consulting

The big ISPs certainly have their knickers in a knot over the adoption of digital discrimination rules by the Federal Communications Commission (FCC). The FCC was required to adopt some version of digital discrimination rules by language included in the Infrastructure Investment and Jobs Act (IIJA). The IIJA says that the FCC needs to prevent discrimination based on income level, race, ethnicity, color, religion, or national origin. The ISPs wanted discrimination to be defined as intentional discrimination where an ISP purposefully decides not to serve somebody. The FCC adopted the intentional discrimination definition, but also adopted what it calls disparate market impacts, which means the agency can consider discrimination that is obvious in the market without having to prove an ISP’s intent. The big ISPs are particularly distraught over the idea of the FCC monitoring digital discrimination since it is coupled with a likely vote to reintroduce Title II regulation of broadband. They are worried that the combination of the two sets of regulations will mean they won’t be free to do anything they like in the market. That’s what regulation is supposed to do. A handful of large ISPs have near-monopoly power in the broadband market, and the job of regulators is to balance that power by making sure that the general public still gets a fair shake. You’ll not hear the big ISPs talking about that.

Data and Mapping

Chairwoman Rosenworcel's Response to Members of Congress Regarding Broadband Data Collection

FCC Chairwoman Jessica Rosenworcel  |  Letter  |  Federal Communications Commission

On May 10, 2023, 19 House Members wrote to Federal Communications Commission Chairwoman Jessica Rosenworcel to express concerns about the Federal Communications Commission’s (FCC) Broadband Data Collection and asking the FCC to 1) Strengthen outreach to state and local governments on technical assistance to those interested in verifying availability and location data within their jurisdiction on a consistent basis; 2) Elevate public outreach and education opportunities for members of the public who would like to participate in the individual challenge process contained within the Broadband Data Collection process; and 3) Clarify that enforcement action is possible against broadband providers that knowingly misrepresent their service or service areas. In her November 20 reply, Chairwoman Rosenworcel assured the Members that the FCC will continue using all tools available to update and improve the National Broadband Map, including: improvements to the underlying data used to identify broadband serviceable locations, collecting updated broadband availability data every six months, processing challenges to the data shown on the map and validating the data providers are filing. "Given the importance of the challenge process in refining the data depicted on the map and ensuring that the map is as accurate as possible, we have conducted extensive outreach to state, local, and Tribal governmental entities, service providers, and others to inform stakeholders about how they can participate in the process."

Net Neutrality

Chairwoman Rosenworcel's Response to Rep. Walberg Regarding the Safeguarding and Securing the Open Internet Proceeding

FCC Chairwoman Jessica Rosenworcel  |  Letter  |  Federal Communications Commission

On October 6, 2023, Rep Tim Walberg (R-MI) wrote to Federal Communications Commission Chairwoman Jessica Rosenworcel to express concerns that she "misled the public and [was] not truthful" in Congressional testimony and has proposed broadband rate regulation. In her November 14 reply to Rep Walberg, Chairwoman Rosenworcel said, "I have no interest in pursuing regulation of broadband rates." She included a paragraph from the net neutrality/Title II proposal which reads:

We propose to forbear from all provisions of Title II that would permit [FCC] regulation of [broadband internet access service] BIAS rates. We believe that [FCC] rate regulation is unnecessary because the tailored approach we adopt here will enable the [FCC] to promote broadband deployment and competition, and because we will be able to rely on sections 201 and 202 to address non-rate related issues. Therefore, while we do not propose to forbear from sections 201 and 202 of the Act as a general matter, we ‘do not and cannot envision adopting new ex ante rate regulation’ or ex post rate regulation of BIAS, and we therefore propose to forbear from applying sections 201 and 202 to BIAS insofar as they would support adoption of rate regulations for BIAS. We seek comment on this proposal

Spectrum

Notice of National Spectrum Strategy Implementation Plan

The White House released a Presidential Memorandum (PM), Modernizing United States Spectrum Policy and Establishing a National Spectrum Strategy, and the National Spectrum Strategy (Strategy), on November 13, 2023. The PM tasks the Secretary of Commerce, through the National Telecommunications and Information Administration (NTIA), with publishing an Implementation Plan for the Strategy within 120 days after its release. NTIA welcomes public input on the implementation of the Strategy and is providing the opportunity to submit written comments and/or request meetings with NTIA staff regarding the implementation plan. Parties should submit written comments no later than January 2, 2024. Parties requesting meetings should do so as soon as practicable. All written inputs and any requests for meetings should be sent to NSSimplementationplan@ntia.gov

Labor

Remote Work Is Here to Stay

Deja Thomas  |  Analysis  |  Public Policy Institute of California

More than three years after pandemic shutdowns forced employers and employees to shift toward remote work if they could, it seems that for a portion of working Californians, remote and hybrid work is here to stay. According to the November 2023 Public Policy Institute of California Statewide Survey, 14 percent of Californians say they work remotely all of the time, 21 percent are working in a mix of some work from home and some outside the home at the workplace, and 61 percent say they are working exclusively in person at the workplace. These shares have not changed much since November 2021—about 18 months into the pandemic. Today, two in three Californians who work remotely at least part of the time say they started working at home due to the COVID-19 pandemic. While it is impossible to say whether or not organizations and employers will change their remote and hybrid work policies in the future, current levels of flexibility probably contribute to many Californians’ positive opinions about their jobs.

Advertising

Advertising Watchdog Tells Charter to Soften Claims About T-Mobile Home Internet

Carl Weinschenk  |  telecompetitor

Charter will comply with a series of recommendations made by The National Advertising Division (NAD) of Better Business Bureau (BBB) National Programs about certain claims the company has made about T-Mobile fixed wireless offerings, known as T-Mobile 5G Home Internet and T-Mobile Internet Lite. NAD recommends that Charter discontinue claims made in the “Game Time” and "Move Out" commercials, which suggest that T-Mobile Home Internet services provide “spotty,” “glitchy,” and unusable service, and that T-Mobile Home Internet is too slow for five people to use simultaneously. NAD determined that the claim that Charter’s own Spectrum service is typically not glitchy is supported by the evidence. Additionally, NAD made a series of recommendations that Charter discontinue or revise a number of other website claims, including modifying the “High-Speed Internet for Rural Areas” portion of its website to avoid conveying the message that T-Mobile 5G Home Internet is not available in rural areas. NAD said that claim was unsubstantiated.

Industry/Company News

New report highlights AT&T's dominance in Q3 fiber expansion

Julia King  |  Fierce

A new analysis from New Street Research revealed that the telecommunications industry collectively increased fiber locations by 1.8 million in the third quarter of 2023, with “most of the increase driven by AT&T.” A broadband trends report from analyst Jonathan Chaplin highlighted that over the past year, AT&T has passed 2.2 million new consumer locations with fiber, although he wrote that pace is “slightly below expectations based on management guidance.” AT&T added 1.1 million fiber subscribers during the past year. Despite its growth in fiber locations, AT&T's fiber subscriber adds were slightly below its pace in 2022 and 2019. Verizon's fiber penetration has remained relatively stable at 42 percent for the last two years, with growth slowing in the last six quarters. Verizon continues to build fiber at 400-500k locations per year, focusing on markets with DSL infrastructure that could be upgraded. As for other fiber players, Frontier Communications's fiber net adds have accelerated alongside the expansion of its fiber passings, adding approximately 0.3 million fiber subscribers over the past year. In contrast, Lumen has witnessed a deceleration in fiber net adds, despite increasing fiber locations.

Verizon’s Joe Russo talks about capacity planning for fixed wireless access (FWA)

Linda Hardesty  |  Fierce

Verizon President of Global Networks and Technology Joe Russo said that Verizon does manage its network capacity on a sector-by-sector basis, which has become especially important with the rollout of its fixed wireless access (FWA) service. T-Mobile has been very transparent about managing its network capacity on a sector-by-sector basis in areas where it introduces FWA, to make sure that FWA doesn’t in any way degrade the experience of T-Mobile’s regular mobile customers. But Verizon has only said that it’s always managing the capacity needs on its mobile network, without getting into specifics. Asked about its FWA plans in general, Russo reiterated that Verizon is targeting around 350,000-400,000 net adds per quarter. 

Stories From Abroad

Measuring Global Digital Development: Facts and Figures 2023

​​​​​​​​​​​​​​Steady but uneven progress in global Internet connectivity highlights the disparities of the digital divide and is leaving people in low-income countries behind. Approximately sixty-seven percent of the world's population, or 5.4 billion people, is now online. This represents a growth of 4.7 percent since 2022, an increase from the 3.5 percent recorded from 2021 to 2022. In low-income countries, 27 percent of the population uses the Internet, up from 24 percent in 2022. Affordability is a significant enabler of connectivity and Internet has become more affordable in all regions and for all income groups. However, in low-income countries, the typical price of an entry-level mobile broadband subscription is equivalent to 9 percent of average income, a share twenty times higher than in high-income countries. Internet traffic estimates reveal that fixed broadband accounts for 83 percent of the world's traffic, despite the rise of mobile broadband subscriptions and their greater affordability, and highlight the importance of investment in both fixed and mobile broadband infrastructures to meet user needs.

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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), Grace Tepper (grace AT benton DOT org), and David L. Clay II (dclay AT benton DOT org) — we welcome your comments.


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Kevin Taglang

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Executive Editor, Communications-related Headlines
Benton Institute
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