Monday, March 20, 2023
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US Spectrum Allocation Needs Reform: Lessons From the C-Band Controversy
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NTIA chief says states have ‘homework assignments’ on broadband permits
RUS Accepting Community Connect Grant Applications
FCC Extends Preventing Digital Discrimination NPRM Reply Comment Date
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The Federal Communications Commission's Wireline Competition Bureau granted an unopposed motion filed by Public Knowledge, The Benton Institute for Broadband & Society, Center for Accessible Technology, Common Cause, Common Sense Media, Communications Workers of America, Electronic Frontier Foundation, Free Press, The Greenlining Institute, the Lawyers’ Committee for Civil Rights Under Law, MediaJustice, National Urban League, Next Century Cities, National Digital Inclusion Alliance, and TURN—The Utility Reform Network seeking a 30-day extension of time for filing reply comments in the above-captioned proceeding from March 21, 2023 to April 20, 2023. On March 16, 2022, the FCC adopted a Notice of Inquiry to commence a proceeding “to ensure that all people of the United States benefit from equal access to broadband internet access service,” with the intention of preventing and identifying steps the Commission should take to eliminate “digital discrimination of access based on income level, race, ethnicity, color, religion, or national origin,” consistent with Congress’s directive in section 60506 of the Infrastructure Investment and Jobs Act (IIJA).

The Rural Utilities Service, a Rural Development agency of the United States Department of Agriculture (USDA), is accepting applications under the Community Connect Grant (CCG) program for Fiscal Year 2023. RUS has approximately $79 million for FY 2023. These grant funds will be made available to eligible applicants to construct broadband networks that provide service on a community-oriented connectivity basis in rural areas. All applicants are responsible for any expenses incurred in developing their applications. Applications are due June 20, 2023. RUS encourages applicants to consider projects that will advance the following key priorities:
- Assisting rural communities to recover economically through more and better market opportunities and through improved infrastructure.
- Ensuring all rural residents have equitable access to Rural Development programs and benefits from RD-funded projects.
- Reducing climate pollution and increasing resilience to the impacts of climate change through economic support to rural communities.

Internet service providers will need to secure multiple permits to build broadband infrastructure — a process that is currently so time-consuming it could significantly hinder efforts to close the digital divide, internet policy experts said. At the federal level, discussions about broadband permitting reform are underway, but state and local governments should also take this issue seriously to ensure federal broadband grants are spent effectively, said Alan Davidson, the head of the National Telecommunications and Information Administration (NTIA). The NTIA is expected to announce in June 2023 how much funding each state will receive from its $42.5 billion Broadband, Equity, Access, and Deployment (BEAD) grant program. But states need to think ahead to get “shovels in the ground” quickly, Davidson said. The NTIA is working with other federal agencies, including the Bureau of Indian Affairs, to streamline permit approval processes, but the agency is concerned that permitting at the state level could potentially be a “bigger issue,” Davidson said. As a steward for billions of dollars in federal funding to move the needle on broadband access and adoption, the NTIA “needs all hands on deck to make this work,” Davidson said.
Sens. Wicker, Luján, Young, Kelly Reintroduce Bill to Explore Collecting USF Contributions from Big Tech

US Senators Roger Wicker (R-MS), Ben Ray Luján (D-NM), Todd Young (R-IN), and Mark Kelly (D-AZ), reintroduced the Funding Affordable Internet with Reliable (FAIR) Contributions Act (S.856). The legislation would direct the Federal Communications Commission to conduct a study into the feasibility of collecting Universal Service Fund (USF) contributions from internet edge providers. Among other provisions, The FAIR Contributions Act would:
- Direct the FCC to issue a Notice of Inquiry seeking public comment on the feasibility of collecting USF contributions from internet edge providers, and issue a final report on the matter within 180 days
- Require the FCC to consider
- Possible sources of Big Tech revenue, such as digital advertising and user fees;
- The fairness of the current system and a system under which contributions could be assessed on Big Tech firms;
- The feasibility of assessing contributions on such a broad category of firms that do not currently register with the FCC;
- The effects such a change would have on Tribal, low-income, and elderly consumers; and
- The changes to current law necessary to implement this system.

North Carolina will get $500,000 to help more low-income households afford monthly high-speed internet service. The Federal Communications Commission has awarded the North Carolina Department of Information Technology (NCDIT) Division of Broadband and Digital Equity an Affordable Connectivity Program Outreach Grant to help the state reach its goal of enrolling 1 million North Carolina households in the Affordable Connectivity Program by the end of 2024. More than 690,000 North Carolina households are currently participating in the program. Three other North Carolina organizations also received ACP Outreach Grant awards:
- Kramden Institute, Inc. (Durham): $200,000
- Goler Depot Street Renaissance Corporation (Winston-Salem): $300,000
- United Way of Forsyth County (Winston-Salem): $200,000

At the beginning of Mayor Eric Adams’ term, New York City Chief Technology Officer Matt Fraser stepped in to head up the city’s new Office of Technology and Innovation, a reorganization of the city’s technology and IT offices into one central authority. In relation to New York's "Big Apple Connect," and "Internet Master Plan," Fraser said any plan that has a tangible item that's supposed to be delivered within a two-year timeframe, but you get two years in, and there's not a single contract issued – that’s not a plan, it’s an idea. Fraser continued, saying, "We brought in our big cable providers. We brought in the folks at Charter Communications, we brought in the folks at Altice, and we brought in the folks at Verizon. We want to make sure that we get these communities access as quickly as possible. We started with public housing, but we're not going to stop at public housing. We're going to extend that to those that have other housing subsidies from the city and try to extend these programs to them as well."

The City of Cambridge's (MA) comprehensive year-long municipal broadband feasibility study. The report examines the feasibility of the City of Cambridge implementing a municipal fiber-to-the-premises (FTTP) service, providing a detailed FTTP design and cost estimate, and a range of business and financial models for building, operating and providing service to all premises in Cambridge. The City of Cambridge partnered with nationally recognized firms, CTC Technology & Energy (CTC) and Rebel Group (Rebel), to conduct the study. The Municipal Broadband in Cambridge report explores several key findings, including:
- Constructing an FTTP network to reach all 52,300 residences and businesses in Cambridge would cost an estimated $124 million to $161 million in 2022 dollars or $149 million to $194 million when considering inflation.
- A citywide FTTP network would likely require a significant capital contribution to be financially feasible, including a $150 million upfront City contribution, based on relatively conservative assumptions, including that 40 percent of premises subscribe.
- There are several business models that the City could explore, each impacting Cambridge’s contribution differently depending on the type of partnership and a variety of business factors.
- Once the City reaches a decision to move forward on exploring a specific option, there are 18 to 24 months of key activities and decision points before the City would formally decide to execute a specific implementation project.

On March 20, US District Judge John Koeltl in Manhattan will weigh pleas by four major book publishers to stop an online lending library from freely offering digital copies of books, in a case that raises novel questions about digital-library rights and the reach of copyright law that protects the work of writers and publishers. Nonprofit organization Internet Archive created the digital books, building its collection by scanning physical book copies in its possession. It lends the digital versions to readers worldwide, with more than three million digitized books on offer. The archive expanded its digital lending during the Covid-19 pandemic, temporarily lifting limits on how many people could check out a book at one time. The move helped prompt the publishers’ copyright infringement lawsuit in 2020. The plaintiffs are Lagardère SCA’s Hachette Book Group, John Wiley & Sons, Bertelsmann SE’s Penguin Random House, and HarperCollins Publishers, which like The Wall Street Journal is owned by News Corp. They argue the Internet Archive book platform “constitutes willful digital piracy on an industrial scale” and hurts writers and publishers who rely on consumers buying their products. William Adams, general counsel for HarperCollins Publishers, said the archive’s approach has no basis in law. “What they’re doing is supplanting what authors and publishers do with libraries and have been doing for a long time,” he said. The Internet Archive says its lending practices are a fair and legal use of the books, in the same way that traditional bricks-and-mortar libraries have a right to share their collections with the public.
The images appeared on Twitter in late 2016 just as the presidential campaign was entering its final stretch. Some featured the message “vote for Hillary” and the phrases “avoid the line” and “vote from home.” Aimed at Democratic voters, and sometimes singling out Black people, the messages were actually intended to help Donald Trump, not Hillary Clinton. The goal, federal prosecutors said, was to suppress votes for Clinton by persuading her supporters to falsely believe they could cast presidential ballots by text message. The misinformation campaign was carried out by a group of conspirators, prosecutors said, including a man in his 20s who called himself Ricky Vaughn. He will go on trial in Federal District Court in Brooklyn under his real name, Douglass Mackey, after being charged with conspiring to spread misinformation designed to deprive others of their right to vote.

Residents of Morgantown (PA) became the latest to tap into Windstream’s Kinetic fiber network. But according to Jeff Small, President of Kinetic, Morgantown is just the beginning of Windstream’s plans for 2023. The newest passings in Pennsylvania are a part of Windstream’s national rollout to overbuild fiber on top of its historic DSL footprint. “We’re building 300,000 fiber passings a year,” explained Small. “When you look at the end of 2021, we had 164,000 fiber customers. [At the] end of last year, [we’re] up to 289,000.” That means that at the close of 2022, Kinetic had snagged another close to 125,000 new fiber subscribers. In 2022, Windstream won more than $202 million in broadband grants in Georgia, Iowa, North Carolina, Ohio, Pennsylvania, and Texas. Thus far in 2023, it’s scored another $34.9 million in Georgia and has applied for several grants in Nebraska. It also secured $523 million in support covering 18 states from the Federal Communications Commission’s Rural Digital Opportunity Fund (RDOF) auction, which will be distributed over the course of 10 years. As Kinetic’s fiber offerings roll out, some customers are naturally migrating from DSL services over to fiber. In competitive areas, Small estimates market penetration to shake out to about 30 percent. For non-competitive areas, though, expectations tick up to 40 percent. Even though some states are larger with potentially more customers – like Kentucky, Georgia, and Texas – Small was adamant that the size of a state or a market isn’t going to sway how resources and time are allocated to Kinetic’s upgrades. And with $42.5 billion in Broadband Equity, Access, and Deployment (BEAD) funding getting ready to be allocated later this year, Small is cautiously optimistic.

Texas-based broadband provider Element8 is looking to make a name for itself in rural America. The company snagged a $200 million infusion of cash from private equity firm Digital Alpha to push its fixed wireless access and fiber services deeper into the central US. Founded in 2020, Element8 has focused on serving broadband in its home state primarily using fixed wireless access technology and a sprinkle of fiber. Element8’s head of Business Development and Innovation Jonathan Van said it is “focusing expansion [activity] in the heartland.” Van said Element8’s approach is technology agnostic, meaning it’s open to choosing the right tool for the right job. But he acknowledged that in the rural areas, it’s targeting, which often means using fixed wireless access. Element8 is notably using Tarana’s high-speed fixed wireless technology, which is capable of delivering speeds up to 1 Gbps. Van said Element8 is using a mix of license-exempt and licensed spectrum for its deployments. It will also strategically deploy fiber, he added.
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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