Daily Digest 7/13/2023 (FCC Agenda and More)

Benton Institute for Broadband & Society
Table of Contents

Agenda

FCC Announces Tentative Agenda for August 2023 Open Meeting  |  Read below  |  Press Release  |  Federal Communications Commission

Digital Equity

Free Apartment Wi-Fi: How States Can Close the Digital Divide in Affordable Multi-Dwelling Units  |  Read below  |  Analysis  |  EducationSuperHighway
ACP Consumer Outreach Toolkit  |  Federal Communications Commission

Infrastructure

FCC still hasn’t ruled on pole attachments, presenting a hiccup to aerial fiber  |  Read below  |  Linda Hardesty  |  Fierce

Broadband Funding

What’s the big IDEA? A $25 million fund to connect Appalachia  |  Read below  |  Brian Vo  |  Press Release  |  Connect Humanity
The Fiber Land-Grab  |  Read below  |  Doug Dawson  |  Analysis  |  CCG Consulting

Management Alert: NTIA’s Reliance on Self-Certifications Increased Fraud Risk for Tribal Program  |  Department of Commerce

State/Local Initiatives

Benton Foundation
New Jersey Relying on Federal Broadband Investments to Make State More Equitable  |  Read below  |  Kevin Taglang  |  Analysis  |  Benton Institute for Broadband & Society
Governor Shapiro (PA) Highlights Administration’s Plans to Bring High-Speed, Affordable Broadband to Every Pennsylvania Community  |  Read below  |  Press Release  |  Pennsylvania Department of Community and Economic Development
White House commends Lumos for North Carolina fiber deployment  |  Read below  |  Masha Abarinova  |  Fierce
9,000 houses, 535 businesses: Huge Louisiana high-speed internet project gets underway  |  Read below  |  James Finn  |  Times-Picayune

Security

National Cybersecurity Strategy Implementation Plan  |  Summary at Benton.org  |  Public Notice  |  White House
Microsoft Email Hack Shows Greater Sophistication, Skill of China’s Cyberspies  |  Wall Street Journal

AI

FCC Chairwoman Rosenworcel Remarks to AI Workshop  |  Read below  |  FCC Chairwoman Jessica Rosenworcel  |  Speech  |  Federal Communications Commission
FCC Commissioner Simington Remarks to AI Workshop  |  Read below  |  FCC Commissioner Nathan Simington  |  Speech  |  Federal Communications Commission
Rising Data Center Costs Linked to AI Demands  |  Wall Street Journal

Antitrust/Ownership

FTC Chair Faces Criticism in Congressional Hearing  |  Read below  |  Cecilia Kang  |  New York Times, Washington Post
FTC’s Bid to Temporarily Block Microsoft Deal Rejected by Judge  |  Bloomberg
Elon Musk’s Twitter Asks Court to Terminate FTC Settlement  |  Wall Street Journal
Vyve Broadband scoops up Oklahoma cable company to widen rural footprint  |  Read below  |  Masha Abarinova  |  Fierce

Platforms/Social Media

Meta is done moderating. On Threads, users decide what they see.  |  Washington Post
Far-right Twitter influencers first on Elon Musk’s monetization scheme  |  Washington Post
Op-ed: The Future of Online Speech Shouldn’t Belong to One Trump-Appointed Judge in Louisiana  |  New York Times
Texas TikTok Ban Challenged for Threatening ‘Academic Freedom’  |  New York Times
Opinion: How I looked past Twitter and learned to like social media again  |  Los Angeles Times

TV

"Orange is the New Black" Signalled the Rot Inside the Streaming Economy  |  New Yorker

Bob Iger Says ABC, Stations May Not Be ‘Core’ for Disney  |  Next TV

Today's Top Stories

Agenda

FCC Announces Tentative Agenda for August 2023 Open Meeting

Press Release  |  Federal Communications Commission

Federal Communications Commission Chairwoman Jessica Rosenworcel announced that the items below are tentatively on the agenda for the 2023 August Open Commission Meeting scheduled for Thursday, August 3, 2023:

  • Advancing Understanding of Non-Federal Spectrum Usage: The FCC will consider a Notice of Inquiry that would initiate a technical inquiry into how to obtain more sophisticated knowledge of real-time non-Federal spectrum usage—and how the FCC could take advantage of modern capabilities for doing so in a cost-effective, accurate, scalable, and actionable manner.
  • Updating Digital FM Radio Service: The FCC will consider an Order and Notice of Proposed Rulemaking seeking comment on proposed changes to the methodology used to determine maximum power levels for digital FM broadcast stations and to the process for authorizing digital transmissions at different power levels on the upper and lower digital sidebands.
  • Affordable Connectivity Program High-Cost Benefit: The FCC will consider a Sixth Report and Order which would implement the Affordable Connectivity Program (ACP) high-cost area benefit, providing a discount of up to $75 per month for broadband services provided in qualifying high-cost areas, by participating ACP providers.
  • Enforcement Bureau Action: The FCC will consider an enforcement action.

Equity

Free Apartment Wi-Fi: How States Can Close the Digital Divide in Affordable Multi-Dwelling Units

Analysis  |  EducationSuperHighway

Free Apartment Wi-Fi networks are the most cost-effective strategy for states to close the digital divide. Twenty to twenty-five percent of the digital divide is concentrated in affordable multi-dwelling units (MDU). By allocating less than 18% of their Broadband Equity, Access, and Deployment (BEAD) funds to deploy hotel-style Wi-Fi networks in these buildings, states can quickly and cost effectively impact the digital divide for millions of unconnected households. Congress has designated Free Apartment Wi-Fi networks as priority use of Infrastructure Investment and Jobs Act (IIJA) funds. The IIJA designates the installation of Free Apartment Wi-Fi networks in substantially unserved affordable multifamily housing as a priority broadband deployment. This creates an unprecedented opportunity to bring affordable high-speed internet to historically marginalized communities and those living on lower incomes. Additionally, several states, including Nevada, New York, Maryland, and Massachusetts, are using Capital Project Funds (CPF) to install Free Apartment Wi-Fi networks in MDUs. BEAD requires states to connect the 9,417 MDUs that the Federal Communications Commission's National Broadband Map identified as unserved and underserved. Free Apartment Wi-Fi is the most cost-effective way to meet this requirement. A state action plan for deploying Free Apartment Wi-Fi includes the following steps: 1) Commit BEAD and Digital Equity Act (DEA) funding to deploy Free Apartment Wi-Fi programs; 2) Include all Free Apartment Wi-Fi eligible MDUs in BEAD initial proposals; 3) Follow NTIA guidance to go beyond the FCC's Broadband Map and determine the connectivity status of MDUs; 4) Work with EducationSuperHighway to identify priority buildings, estimate budgets and develop a statewide implantation plan.

Infrastructure

FCC still hasn’t ruled on pole attachments, presenting a hiccup to aerial fiber

Linda Hardesty  |  Fierce

It’s been more than a year since the Federal Communications Commission sought comments regarding pole attachment rules. The FCC wanted to hear from telecoms and utility companies about how the cost of pole replacements should be allocated between the pole owner and the attachers, and what would be the best process to add more attachments to existing poles, among other issues. The FCC definitely got an earful. It’s received 4,180 comments to date. But the FCC has yet to issue new rules on pole attachments. An FCC spokesperson said, “Right now, FCC staff is reviewing the record that’s developed on our pole attachment rulemaking in order to strike a balance between the local authority of pole owners and internet service providers. Currently, 23 states already have pole attachment rules and policies, and we are working to provide clarity for the remainder.”

Funding

What’s the big IDEA? A $25 million fund to connect Appalachia

Brian Vo  |  Press Release  |  Connect Humanity

Connect Humanity is excited to announce that Connect Humanity and Appalachian Community Capital are partnering to raise a $25 million fund Investing in Digital Equity in Appalachia (IDEA). The fund will make investments to help bridge the digital divide across the Appalachian region, one of the least connected parts of the US. Through this partnership, Appalachian Community Capital and Connect Humanity will also be focusing on developing opportunities and the capacity for local capital to invest in local infrastructure, including supporting a community of local Community Development Financial Institutions (CDFIs), banks, impact investors, and foundations investing to achieve digital equity across Appalachia. The first phase of the partnership will focus on raising and deploying the $25 million IDEA Fund to help finance new broadband networks in unconnected and underserved areas in Appalachia, primarily in communities participating in the Appalachia Digital Accelerator. CDFIs and other investors will have the opportunity to participate directly in IDEA Fund or as capital partners on individual projects. 

The Fiber Land-Grab

Doug Dawson  |  Analysis  |  CCG Consulting

It’s becoming clear that we are now deep into a fiber land-grab. By that, I mean that companies that overbuild fiber are moving as quickly as possible into markets to build fiber. The biggest broadband providers have publicly discussed their plans for building a lot of fiber in 2023. I call it a land grab because these providers are all hoping to get to towns and neighborhoods first in order to dissuade anybody else from building fiber there. Since most places getting fiber are already served by a cable company, most of this land grab is not going to create monopolies—but these fiber builders all think they can win a significant share of the market away from the cable competitor. It doesn’t always work out the way that the fiber overbuilders hope.

State/Local

New Jersey Relying on Federal Broadband Investments to Make State More Equitable

Kevin Taglang  |  Analysis  |  Benton Institute for Broadband & Society

Even before he took office Governor Phil Murphy (D-NJ) realized that access to high-speed internet is now a prerequisite for participation in our increasingly connected economy. One of the Murphy administration's first priorities was to create a middle-mile, fiber-optic cable network to connect New Jersey’s rural and urban communities to high-speed internet. In New Jersey, as elsewhere, the COVID-19 pandemic shined a spotlight on technology and connectivity gaps. Schools closed and moved to fully virtual learning environments. "But without equity of access, no amount of innovative program[ming] can boost student learning," said New Jersey Department of Education Commissioner Dr. Lamont Repollet at a June 2020 briefing with Governor Phil Murphy (D-NJ). The state stepped up efforts to close the digital divide.

Governor Shapiro (PA) Highlights Administration’s Plans to Bring High-Speed, Affordable Broadband to Every Pennsylvania Community

Governor Josh Shapiro (D-PA) and Pennsylvania Broadband Development Authority (PBDA) Executive Director Brandon Carson highlighted the Shapiro Administration’s plans to expand broadband access across the Commonwealth using more than $1.16 billion in funding through the federal Broadband Equity, Access, and Deployment (BEAD) Program and outlined plans to ensure every Pennsylvanian can access the internet. The Commonwealth will receive $1.16 billion to expand broadband infrastructure to communities that currently lack reliable, affordable, high-speed internet access. Across Luzerne County, residents have varying access to broadband services, and more than 7,000 locations are currently unserved or underserved. The Shapiro Administration is working to change that so every Luzerne County resident can access reliable, affordable, high-speed internet, which will lead to better health outcomes, better education outcomes, and better economic outcomes. The $1.16 billion in BEAD funding to the Commonwealth will be administered by the PBDA – an independent, bipartisan agency created by law in December 2021. The PBDA is in the process of creating a five-year action plan that will put broadband in every community across Pennsylvania. Pennsylvanians are encouraged to participate in the community engagement events taking place around the Commonwealth throughout the summer of 2023. The feedback collected from these events and through an online survey will be used to help shape broadband programs – including Pennsylvania’s five-year BEAD action plan.

White House commends Lumos for North Carolina fiber deployment

Masha Abarinova  |  Fierce

Mid-Atlantic provider Lumos turned up service in Burlington (NC), claiming it will be the first fiber provider for many of the city’s residents. Asad Ramzanali, Chief of Staff for the White House’s Office of Science and Technology Policy, commended Lumos for its expansion across the state. For Lumos’ part, CEO Brian Stading stated the Burlington launch “represents our ongoing commitment to bridge the digital divide” and the operator will look forward “to working with our federal, state, and local partners to continue this expansion in the months and years to come.” Lumos serves more than 225,000 locations across NC and Virginia. It’s also undertaking fiber builds in South Carolina (Columbia and Spartanburg County). Lumos scored three grants to expand in NC’s Durham, Guilford and Wayne counties. Lumos’ awards were part of the state’s new $80 million funding round.

9,000 houses, 535 businesses: Huge Louisiana high-speed internet project gets underway

James Finn  |  Times-Picayune

Louisiana's effort to expand broadband access in rural areas advanced with the groundbreaking of the state's biggest high-speed internet project yet. The project will bring cable internet to 9,140 households and 535 small businesses in Avoyelles Parish—the largest investment to date under the state's Granting Unserved Municipalities Broadband Opportunities program, dubbed GUMBO. Set for completion in the summer 2024, the Avoyelles project will cost just over $20 million. Federal Treasury Department grants will fund about $9.7 million of that cost, while the rest will be covered by Swyft Telecom, the cable internet provider that is completing the work, said Veneeth Iyengar, executive director for the state's broadband growth effort.

Artificial Intelligence

FCC Chairwoman Rosenworcel Remarks to AI Workshop

FCC Chairwoman Jessica Rosenworcel  |  Speech  |  Federal Communications Commission

From my perch as the head of our Nation’s expert agency on communications, I can’t help but be an optimist about the future of AI. Every day I see how communications networks power our world. I know how their expansion and evolution can change commercial and civic life. I also know the power of those communications networks can grow exponentially when we can use AI to understand how to increase the efficiency and effectiveness of our networks. Because the day is not far off when we will be able to use this technology to help self-configure, self-optimize, and self-heal facilities. It provides a level of insight and precision that can increase network trust and help turn communications scarcity into abundance. So those are three reasons to be optimistic about AI in communications—spectrum efficiency, network resiliency, and tools to protect consumers.

FCC Commissioner Simington Remarks to AI Workshop

FCC Commissioner Nathan Simington  |  Speech  |  Federal Communications Commission

What I won’t do is reflexively say that no regulation of artificial intelligence is a sine qua non for innovation. Instead, the throughline I think you can trace is that, where the United States has succeeded in technological development, it has done so through a mindful attempt to cultivate and potentiate innovation. Whether rattling an antitrust saber at AT&T in the 1950s or stepping back and letting Larry and Sergey figure it out in the 1990s, the American success stories contrast with the stories of Soviet, and more recently European, technological stagnation in the animating principles, and efficient mechanisms, of government action. In every success cited, people of goodwill in the United States government sought to make new things work.  An American GDPR for A.I. is not what we need. It is not what the American consumer needs. And it would be devastating for America’s leading position in the global order. Let us not cast about for regulatory solutions to problems that do not exist; remedies that may, as yet, be worse than the disease.

Antitrust/Ownership

FTC Chair Faces Criticism in Congressional Hearing

Cecilia Kang  |  New York Times, Washington Post

Lina Khan, the chair of the Federal Trade Commission, faced more than three hours of criticism and ridicule from Republicans in a House hearing, as emboldened critics increasingly put pressure on the agency for its crackdown on the growing power of tech giants. During the highly partisan hearing, Republicans accused Chair Khan, who has carried out an aggressive agenda of lawsuits and investigations against tech companies, of “harassing” businesses. The lawmakers, who repeatedly cut off Chair Khan midsentence, also ridiculed her for the FTC’s recent losses in antitrust cases and for wasting government resources. But Chair Khan appeared unruffled. She highlighted the F.T.C.’s challenges to mergers in pharmaceutical, semiconductor, defense and energy markets. Many of those challenges did not go to court. She said she didn’t bring cases that she thought would lose but, without referring to the Microsoft case, acknowledged the risks of her strategy. House Judiciary Committee Jim Jordan (R-OH) accused the agency of “harassing” Twitter in its investigation of the company’s security practices. Chairman Jordan, who has accused Democrats of censoring Republican views, has praised Twitter’s owner, Elon Musk, for loosening restrictions on speech.

Vyve Broadband scoops up Oklahoma cable company to widen rural footprint

Masha Abarinova  |  Fierce

Vyve Broadband, a cable and fiber provider operating in 16 states, recently unveiled plans to purchase Oklahoma-based Community Cable & Broadband (CCB)—a move Chief Operating Officer Andy Parrott called a “tuck-in acquisition.” Parrot said Oklahoma is a key market for Vyve, as it has support and infrastructure that goes throughout the state. CCB, headquartered in Skiatook (OK), serves eight “bedroom communities” around Tulsa, and Vyve serves “a lot of areas nearby.” Vyve serves over 240,000 residential customers and around 18,000 commercial customers.

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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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