Daily Digest 5/2/2023 (Gordon Meredith Lightfoot Jr)

Benton Institute for Broadband & Society
Table of Contents

Digital Equity

Benton Foundation
The Benton Institute ACP Performance Tool  |  Read below  |  John Horrigan, Brian Whitacre, Hernan Galperin  |  Research  |  Benton Institute for Broadband & Society
The Digital Inclusion Outlook: What It Looks Like and Where It’s Lacking  |  Read below  |  Jessica Dine  |  Analysis  |  Information Technology & Innovation Foundation
Reply Comments to the FCC About Implementing the Infrastructure Investment and Jobs Act: Prevention and Elimination of Digital D  |  Information Technology & Innovation Foundation

Broadband Funding

FCC Proposes More than $8 Million in Fines Against 22 Rural Digital Opportunity Fund Applicants for Defaulting on Auction 904 Obligations  |  Read below  |  Press Release  |  Federal Communications Commission
TIA CEO: BEAD hinges on workforce and waivers  |  Read below  |  Diana Goovaerts  |  telecompetitor

Spectrum/Wireless

An Analysis of Aggregate CBRS SAS Data from April 2021 to January 2023  |  Read below  |  Douglas Boulware, Anthony Romaniello, Rebecca Dorch, Michael Cotton  |  Analysis  |  National Telecommunications and Information Administration
The innovative spectrum sharing framework connecting Americans across the country  |  Read below  |  Press Release  |  National Telecommunications and Information Administration
Billionaire Vs. Billionaire Saga Set to End: Here’s What’s in the 12 GHz Drafts  |  Read below  |  Joan Engebretson  |  telecompetitor
T-Mobile tackles the hard part about 5G mid-band build  |  Read below  |  Monica Alleven  |  Fierce
Shutting Down Obsolete Technologies  |  Read below  |  Doug Dawson  |  Analysis  |  CCG Consulting

Ownership

Former Sprint Wireline Network Now in Cogent’s Hands with Close of T-Mobile Deal  |  Read below  |  Phil Britt  |  telecompetitor
FCC Judge Suspends Standard General-Tegna Review  |  Next TV
Why Microsoft’s mega-merger with Activision Blizzard is stalling  |  Guardian, The

Environment

The FCC Is Supposed to Protect the Environment. It Doesn’t.  |  Read below  |  Peter Elkind  |  ProPublica

Journalism

The Internet Isn’t Destroying Journalism; It’s Restructuring the News Business  |  Read below  |  David Moschella  |  Analysis  |  Information Technology & Innovation Foundation

Kids & Media

Echoes of History in New National Push to Shield Children Online  |  Read below  |  Kashmir Hill, Natasha Singer  |  New York Times

Labor

Hollywood Writers Go on Strike, Halting Production  |  New York Times
Companies Are Colluding to Cheat H-1B Visa Lottery, US Citizenship and Immigration Services Says  |  Wall Street Journal

Policymakers

Gov. Jay Inslee (D) of Washington, Climate Champion, Won’t Seek Re-Election  |  New York Times
Senator Ben Cardin (D-MD)Will Retire, Teeing Up Competitive Primaries in Maryland  |  New York Times
Supreme Court to consider overruling Chevron doctrine  |  Hill, The
‘The Godfather of A.I.’ Leaves Google and Warns of Danger Ahead  |  New York Times

Stories From Abroad

Google, Netflix and Amazon have cried foul over a new proposal from European telecommunications companies  |  Read below  |  Vittorio Colao  |  Op-Ed  |  Financial Times

Company News

Shentel reached 165,000 fiber passings in Q1  |  Fierce
Today's Top Stories

Digital Equity

The Benton Institute ACP Performance Tool

John Horrigan, Brian Whitacre, Hernan Galperin  |  Research  |  Benton Institute for Broadband & Society

The Affordable Connectivity Program (ACP) is at an inflection point. Launched in early 2022, ACP provides 17 million households up to $30/month in subsidies to offset the cost of broadband. But the program faces two critical challenges. First, less than a third of eligible households currently participate in the program—mainly because the people who could benefit most from the subsidy are unaware that it exists. The Federal Communications Commission (FCC), local governments, and digital equity groups are stepping up efforts to improve ACP awareness and participation. Targeted outreach is needed to inform these households about the ACP and could benefit from analysis of the patterns of ACP enrollment. Second, as successful as the program has been, ACP subsidies are at risk without Congressional action in the coming months.  The initial ACP investment is dwindling which could mean the program will have to sunset in the next year. Analysis of enrollment patterns will show policymakers and advocates which places may suffer most from the program’s termination. The Benton Institute’s ACP Performance Tool is a resource for any community that wants to answer the question: “How are ACP sign-ups going?” To answer, search a 5-digit zip code on the tool’s website. The ACP Performance Tool returns results that show two important numbers for the zip code area: 1) how many households have signed up for ACP (from government data) and 2) the expected number of households enrolled.

The Digital Inclusion Outlook: What It Looks Like and Where It’s Lacking

Jessica Dine  |  Analysis  |  Information Technology & Innovation Foundation

Digital inclusion efforts need to target the reasons people remain offline, and at this point, the digital divide is more of a problem of adoption than deployment. Successful digital inclusion efforts have a few key things in common: They are flexible and individualized, adhere to consistent high-level standards, and share best practices to minimize waste while adapting programs to meet local needs. Digital inclusion efforts include any of the various attempts to get people online. Low digital literacy rates among the US population and a lack of proper digital-skills institutions make advancing digital literacy a key component of getting people online. At the other end of the scale, digital navigators can help people sign up for low-cost plans or figure out how to navigate an Internet connection. The remaining barriers involve a lack of funding, scale, and reliable data that adheres to high-level standards. Digital inclusion, digital literacy rates, and awareness of low-cost plans are highly interrelated, and gaps fall largely around marginalized groups. Getting people online requires addressing all the sources of the problem individually.

Funding

FCC Proposes More than $8 Million in Fines Against 22 Rural Digital Opportunity Fund Applicants for Defaulting on Auction 904 Obligations

Press Release  |  Federal Communications Commission

The Federal Communications Commission proposed $8,778,527.39 in fines against 22 applicants in the Rural Digital Opportunity Fund (RDOF) Phase I Auction (Auction 904) for apparently violating Commission requirements by defaulting on their bids between May 3, 2022, and December 16, 2022. Two applicants also failed to submit their audited financial paperwork, resulting in an additional monetary liability. The FCC provided clear guidance in its rules and notices on the monetary forfeitures associated with defaults in Auction 904. The bid defaults prevented 2,994 census block groups in 31 states and an estimated 293,128 locations from receiving new investments in broadband infrastructure. The proposed action, formally called a Notice of Apparent Liability for Forfeiture, or NAL, advises parties that they apparently violation the FCC’s rules and proposes a monetary penalty for violations.

TIA CEO: BEAD hinges on workforce and waivers

Diana Goovaerts  |  telecompetitor

Workforce and waivers. Those were two of the key themes and indeed the potential stumbling blocks for Broadband Equity, Access, and Deployment (BEAD) Program deployments, said TIA CEO Dave Stehlin. Now that the US government has issued a waiver for its Middle Mile grant program, the prospect of forthcoming relief for the BEAD program seems more promising. The waivers in question relate to Buy American requirements associated with the Middle Mile and BEAD programs. These specify that materials used for grant-funded projects contain at least 55% domestic content. The National Telecommunications and Information Administration (NTIA), asked the Department of Commerce (DoC) to waive these requirements for the Middle Mile program in September 2022. That request was granted in April of 2023. The waiver will apply to Middle Mile grant awards made between March 1, 2023, and March 1, 2024, and be effective “for the period of performance” specified by those awards. Equipment covered includes broadband routing gear, access and aggregation switching kit, microwave backhaul equipment, fiber transport materials and optical line terminals, undersea cable gear, and telemetry switches and routers. 

Spectrum/Wireless

An Analysis of Aggregate CBRS SAS Data from April 2021 to January 2023

Douglas Boulware, Anthony Romaniello, Rebecca Dorch, Michael Cotton  |  Analysis  |  National Telecommunications and Information Administration

The Citizens Broadband Radio Service (CBRS) band at 3550–3700 MHz was authorized for shared commercial use in the US (established June 23, 2015) through the efforts of the Federal Communications Commission, Department of Defense (DoD), and the National Telecommunications and Information Administration (NTIA). The goals of CBRS were to facilitate growth in wireless broadband devices, provide cost-effective wireless broadband access for rural communities, enhance economic competitiveness by creating new jobs and new businesses, increase productivity, spur innovation, and improve public safety. To quantify progress towards meeting these goals, the NTIA’s Institute for Telecommunication Sciences (ITS) obtained operational data from the SAS administrators on a quarterly basis to facilitate longitudinal analyses. The report provides a presentation and analysis of the data acquired for the period from April 1, 2021, to January 1, 2023. The following are key findings from this analysis:

  • CBRS deployments grew at a steady rate with a mean quarterly increase of 12.0% and a total increase of 121% over the 21-month analysis period;
  • On January 1, 2023, there were 128,351 active Citizens Broadband Radio Service Devices (CBSDs) in DPA-impacted counties with a total population of 232,348,897 residents;
  • The number of CBSDs with Priority Access License (PAL) grants grew consistently with a mean increase of 17% per quarter, but General Authorized Access (GAA) CBSDs dominated deployments. On January 1, 2023, four out of five active CBSDs were GAA-only, 85% of the active grants were GAA, and two-thirds of active CBSDs with a PAL grant had at least one active GAA grant;
  • More than 70% of all active CBSDs were deployed in rural census blocks on January 1, 2023.

The innovative spectrum sharing framework connecting Americans across the country

Americans increasingly rely on the radio spectrum for much of their daily lives. From texting friends to car navigation these airwaves play an invisible but central role. Much like other important resources, spectrum access is finite. Demand continues to grow. Federal spectrum policy experts recognize this – and have come up with creative new ways to allow greater spectrum access by sharing this vital resource. One innovative approach is the Citizens Broadband Radio Service (CBRS), which allows for dynamic spectrum sharing between the Department of Defense (DoD)and commercial spectrum users.  The DoD users have protected, and prioritized use of the spectrum. When the government isn’t using the airwaves, companies and the public can gain access through a tiered licensing arrangement. This means the DoD can use the same spectrum for its critical missions while companies can use it for 5G and high-speed Internet deployment. Research from the Institute for Telecommunication Sciences (ITS) finds the following about CBRS deployments:

  • About 45 percent of all active devices were deployed in counties where use of the spectrum is shared with DoD, known as Dynamic Protection Areas (DPA). By the end of the reporting period, there were 128,351 active devices in DPA-impacted counties with a total population of 232,348,897 residents;
  • Use of the General Authorized Access (GAA) tier, which provides lower-costs to the spectrum, dominates the band. Four out of five active devices were GAA-only, which is the license tier that must accept interference from licensed and federal users;
  • More than 70 percent of all active devices are deployed in rural census blocks, showing the band is playing a significant role in expanding rural wireless connectivity.

Billionaire Vs. Billionaire Saga Set to End: Here’s What’s in the 12 GHz Drafts

Joan Engebretson  |  telecompetitor

The Federal Communications Commission is poised to reject a proposal it has been considering for several years that would have made spectrum between 12.2-12.7 GHz available for mobile use. But the commission is also taking steps to make spectrum in the adjacent 12.7-13.25 GHz band available for mobile or other new uses. The proposal that the FCC is getting set to reject would have allowed two-way mobile operations in the 12.2-12.7 GHz band. Currently the spectrum is restricted to one-way communications and is used by satellite providers, including Dish. The FCC plans to vote later in May 2023 on an order confirming the rejection of the mobile use proposal for the lower portion of the band. The commission will also vote on two notices of proposed rulemaking (NPRM) detailing plans the FCC is considering for the lower and upper portions of the band – plans that could offer opportunities for fixed and mobile providers. According to drafts of the notices, the FCC plans to invite comment on whether to allow two-way fixed wireless communications in the 12.2-12.7 GHz band. In addition, the commission is considering making spectrum in the 12.7-13.25 GHz band available on a licensed basis to mobile network operators.

T-Mobile tackles the hard part about 5G mid-band build

Monica Alleven  |  Fierce

With T-Mobile’s mid-band 5G buildout at 275 million points of presence (POPs) and a year-end target of 300 million POPs, the question is: How easy or difficult is it to cover that last 25 million people? “It gets harder and harder. And as a rule of thumb, I would say that it’s about 3 times harder for every 10 million that you add. So that’s about how hard it gets,” said T-Mobile President of Technology Ulf Ewaldsson. The geography of the US is what makes it tricky. Wireless operators tend to focus on the most populated and dense areas of the country when they roll out a new generation of technology. Then they pan out to the less populated suburban and rural areas. That’s the stage at which T-Mobile finds itself. Even without that last 25 million POPs covered with 2.5 GHz spectrum, T-Mobile is making a concerted effort to grow market share in smaller markets and more rural areas. T-Mobile is still waiting for the government to release the 2.5 GHz licenses it won in 2022's Federal Communications Commission auction, and many of those cover rural areas of the country. 

Shutting Down Obsolete Technologies

Doug Dawson  |  Analysis  |  CCG Consulting

Verizon admitted that shutting down the 3G cellular networks cost it about 1.1 million retail cellular customers along with the corresponding revenues. This was long expected because there are still a lot of places where 3G technology was the only cellular signal available to rural customers living in remote areas, and a lot of people were still happy with 3G flip phones even where 4G was available. Verizon has been trying to shut down the 3G network for at least five years, but its original plans got delayed due to discussions with the Federal Communications Commission and then got further delayed because of the pandemic – it didn’t seem like a good idea to cut folks dead when cellular stores were shuttered. All of the technologies used for broadband and telecom eventually become obsolete. Most transitions to new technologies are phased in over time. But some upgrades are painful. There were folks who lost cellular coverage when 3G was cut dead since they lived in a place that might not be able to receive the 4G replacement. A 3G phone needed only a tiny amount of bandwidth to operate – at levels, newer phones would perceive to be far under one service bar.

Ownership

Former Sprint Wireline Network Now in Cogent’s Hands with Close of T-Mobile Deal

Phil Britt  |  telecompetitor

Cogent Communications has completed the previously announced acquisition of T-Mobile’s Wireline Business. The price of the deal was not disclosed. The acquisition, initially announced in September 2022, calls for Cogent to buy T-Mobile’s wireline business (formerly known as Sprint GMG), which was comprised of the long-haul fiber network assets that the company acquired when it merged with Sprint. Cogent expects the T-Mobile wireline business to “complement and eventually replace Cogent’s current leased network” as well as enable Cogent to “expand its product set, including the sales of optical wave transport services to new and existing customers.”

Environment

The FCC Is Supposed to Protect the Environment. It Doesn’t.

Peter Elkind  |  ProPublica

Few people think of the Federal Communications Commission as an environmental cop. It’s known for regulating television and radio and overseeing the deployment of communications technology. But the agency also has a broad mandate to ensure that technology doesn’t damage the environment. The task includes everything from protecting wildlife and human health to preserving historic sites and even preventing aesthetic blight. This role is particularly critical now, as the FCC presides over a nationwide buildout for 5G service, which will require 800,000 new “small cell” transmitters, those perched on street poles and rooftops, often near schools, apartments and homes. But even with this massive effort underway, the FCC has refused to revise its radiation-exposure limits, which date back to the era of flip phones. In addition, the agency has cut back on the environmental reviews that it requires while also restricting local governments’ control over wireless sites. And as the satellite-fuel example reflects, the FCC’s ambit extends even into space. The agency is licensing thousands of commercial satellites at a moment when the profusion of objects circling the planet is raising concerns about collisions in space, impediments to astronomy, pollution, and debris falling back to earth.

Journalism

The Internet Isn’t Destroying Journalism; It’s Restructuring the News Business

David Moschella  |  Analysis  |  Information Technology & Innovation Foundation

The Internet is bringing restructuring to the news industry. But what, if anything, does the shift from vertically integrated newspapers to specialized information services tell us about the state of journalism? After all, the car, aerospace, and computing industries all became much bigger, more innovative, more efficient, and more global after they adopted a focused-supplier approach, and these changes greatly benefited consumers. The restructuring of the news business will likely do the same. Just as we should adopt a broad definition of “news” that encompasses its many forms, we also need to decide what we mean by “journalism.”

Kids & Media

Echoes of History in New National Push to Shield Children Online

Kashmir Hill, Natasha Singer  |  New York Times

Mounting concerns over young people’s mental health have prompted state legislatures across the country to propose a slew of age restrictions to protect minors online. Lawmakers say the rules should help shield young people from online pornography, predators and harmful social media posts. The current push for age restrictions on certain online content echoes a similar legislative drive three decades ago, when the internet was in its infancy. In 1996, Congress passed a major telecommunications bill that made it illegal to knowingly send or display “obscene or indecent” material to people under 18. That law had a longstanding precedent: federal rules dating back to the 1920s that prohibited radio and TV shows from broadcasting obscene language, to prevent a child wandering into a living room from overhearing it. The anti-pornography rules in the 1990s had strong bipartisan support. But civil liberties groups thought the prohibitions on online indecency violated the First Amendment and squelched free speech. Among other objections, they said it was too difficult and expensive for websites to verify a visitor’s age. That could have led sites to simply get rid of anything inappropriate for children, creating a Disneyfied internet. To protect Americans’ access to information that could potentially be deemed indecent under the new law — like educational material about AIDS — the American Civil Liberties Union sued the government, challenging part of the law called the Communications Decency Act.

Stories From Abroad

Google, Netflix and Amazon have cried foul over a new proposal from European telecommunications companies

Vittorio Colao  |  Op-Ed  |  Financial Times

 A rift at the heart of the telecommunications sector risks reversing decades of progress and plunging digital allies into a new phase of conflict. Europe’s telecom companies want US corporations such as Alphabet/Google, Netflix, Amazon, and Meta to pay for the increasing video traffic they generate. These US giants originate data accounting for around 50 percent of network loads. Europe’s telecoms complain they bear massive additional costs without receiving any fees or extra revenues. For their part, the US corporations argue that such cross-industry subsidies are a form of protectionism, and they see these requests as a form of expropriation of their profits, which are much larger than those of the EU telcos. As a result, member states, industry associations, and European MPs stand divided on the issue, while the EU Commission has launched a consultation on the future of the telecoms industry. 

[Vittorio Colao was previously Italy’s minister for technological innovation and digital transition and a former CEO of Vodafone Group Plc.]

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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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