Wednesday, September 27, 2023
Headlines Daily Digest
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FCC Chairwoman Rosenworcel Proposes to Restore Net Neutrality Rules
Commissioner Anna Gomez on Being Sworn in as Commissioner of the FCC
FTC Sues Amazon, Alleging Illegal Online-Marketplace Monopoly
Network Neutrality





Digital Equity

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Net Neutrality

Today, there is no expert agency ensuring that the internet is fast, open, and fair. Since the birth of the modern internet, the Federal Communications Commission had played that role. It makes sense. These are principles that have deep origins in communications law and history. After all, back in the era when communications meant telephony, every call went through, and your phone company could not cut off your call or edit the content of your conversation. But as a result of the previous FCC’s decision to abdicate authority, the agency charged with overseeing communications has limited ability to oversee these indispensable networks and make sure that for every consumer internet access is fast, open, and fair. That’s not right. I believe this repeal of net neutrality put the agency on the wrong side of history, the wrong side of the law, and the wrong side of the public. It was not good then, but it makes even less sense now. It determined that this infrastructure—which the pandemic proved so essential for modern life—needs no oversight. I think that’s wrong. So today we begin a process to make this right. This afternoon, I am sharing with my colleagues a rulemaking that proposes to restore net neutrality.
FCC Chairwoman Rosenworcel Proposes to Restore Net Neutrality Rules to Re-Establish the FCC's Authority Over Broadband Providers Under Title II

Federal Communications Commission Chairwoman Jessica Rosenworcel proposed that the FCC take the first procedural steps toward reaffirming rules that would treat broadband internet service as an essential service for American life. As work, healthcare, education, commerce, and so much more have moved online, no American household or business should need to function without reliable internet service. This was especially true during the pandemic. Such rules would affirm—under Title II of the Communications Act—that broadband service is on par with water, power, and phone service; that is: essential. The proposed rules would return fixed and mobile broadband service to its status as an essential “telecommunications” service. The proposal will be made public and will allow for public input. The proposal seeks to largely return to the successful rules the FCC adopted in 2015. The Chairwoman shared with her colleagues a Notice of Proposed Rulemaking. If adopted by a vote of the full FCC at its monthly meeting on October 19, 2023, the agency will begin a new rulemaking to take public comment and reply comments on the proposal. Any person or organization can file comments and see others’ comments at https://www.fcc.gov/ecfs. After a review of that public record, the Chairwoman can decide whether and how to proceed, including adopting final rules which would also require a majority vote of the bipartisan FCC.
Digital Equity
300 Mbps internet service is now available for Affordable Connectivity Program participants at no cost

Google Fiber is now offering 300 Mbps for $30 a month to customers who are participating in the Federal Communication Commission's Affordable Connectivity Program (ACP) program. With the $30 subsidy, this plan is available at no cost to Google's ACP customers. It provides symmetrical uploads and downloads of up to 300 Mbps and include a Google Wi-Fi device, along with no data caps, no annual contract, and Google Fiber's dedicated customer service. In order to participate, Google Fiber customers must qualify through the FCC and then fill out the Google Fiber ACP Subsidy form and select 300 Mbps as their service plan.
State/Local
Governor Kelly Announces Launch of $200 Million Build Kansas Fund to Accelerate Transformative Community Infrastructure Projects

Governor Laura Kelly (D-KS) alongside the Kansas Infrastructure Hub (KIH), launched the Build Kansas Fund, which provides state matching dollars to Kansas communities for infrastructure projects approved under the Infrastructure Investment and Jobs Act (IIJA). The Build Kansas Fund will invest $200 million directly into Kansas communities to support projects that include broadband, water, transportation, energy, and cybersecurity through Fiscal Year 2027. Eligible entities include Kansas state agencies, counties, municipalities, special districts, community organizations, nonprofits, and federally recognized tribes that have or intend to apply for a federal IIJA program requiring a non-federal match.
Overwhelming Support For Public Solutions That Create Affordable And Reliable Internet Access In LA County

The results from a recent survey of 1,205 Los Angeles County likely voters demonstrate public demand for public solutions that ensure affordable, reliable, and fast internet service is available for everyone. The survey found that internet access is considered a necessity for functioning and participating in society, and there is strong support for government involvement in ensuring these needs are met. While public support for addressing digital equity has been consistently high, this poll brings to the forefront overwhelming support from voters for government involvement in developing public solutions to the challenge of the digital divide. The survey shows that LA County likely voters strongly support robust government involvement in the provision and regulation of high-speed internet service. A large majority (85%) of likely voters support the local government guaranteeing that everyone has access to reliable, fast, and affordable internet service. This support is even higher among Black voters (93%) and Hispanic voters (89%). Additionally, 84% of likely voters support local government initiatives such as offering free Wi-Fi access throughout the community, with Black and Hispanic voters showing even stronger support at 89% and 88%, respectively.

A $580,000 Windstream public–private partnership in Throckmorton (TX) has the provider’s Kinetic gigabit fiber broadband service available to public schools and 650 homes and businesses in the small city. The bulk of the financing—$420,000—is being provided by Windstream. The balance is coming from the Throckmorton Collegiate Independent School District’s operating budget ($20,000), the City of Throckmorton ($70,000) and Throckmorton County ($70,000). The city and county contributions are from the federal Coronavirus State and Local Fiscal Recovery Funds program (SLFRF). The project features more than 60,000 feet of fiber that will link optical equipment to the school district, and local homes and businesses.

Mediacom has completed a fiber-optic network expansion in rural Truesdale (IA), delivering phone plans and download speeds of up to 2 Gbps with a focus on low-cost accessibility. Truesdale is the tenth community that Mediacom, the fifth largest cable operator in the US, has constructed through collaboration with the Empower Iowa Rural Broadband Grant Program. The operator has expanded its fiber network to over 1,400 locations in rural Iowa through that public-private partnership. Mediacom will offer Connect2Compete-Plus in Truesdale, which delivers 100 Mbps download speeds for $30 per month to eligible community members. It also participates in the federal Affordable Connectivity Program (ACP) that can provide $30 per month for internet connectivity, so eligible low-income households will be able to access service for no cost.

The Federal Trade Commission and 17 states sued Amazon, alleging the online retailer illegally wields monopoly power that keeps prices artificially high, locks sellers into its platform, and harms its rivals. The FTC and states alleged that Amazon violated antitrust laws by using anti-discounting measures that punished merchants for offering lower prices elsewhere. The government also said sellers on Amazon were compelled to use its logistics service if they want their goods to appear in Amazon Prime, the subscription program whose perks include faster shipping times. The FTC said it is “seeking a permanent injunction in federal court that would prohibit Amazon from engaging in its unlawful conduct and pry loose Amazon’s monopolistic control to restore competition.”

Former President Donald Trump questioned who was paying for the phones of illegal aliens, suggesting that the federal government is handing out high-quality cellphones to migrants as part of its purported efforts to flood the country with immigrants. This is the latest iteration of the political right’s frustration with the idea that the government (and, particularly, an incumbent Democratic president) is spending money on frivolous giveaways (in their estimation) to poor people of color. The government does have a program in which people seeking asylum are given mobile devices. However, the “cellphones” serve more as functional replacements for the ankle monitors that immigration officials used to use to track people awaiting legal hearings. The devices, made by BI Incorporated, have limited applications that asylum seekers can only use to track documents related to their cases, receive updates on hearings, and check in with government officials. Some asylum seekers do have their own phones, of course, or get phones at some point after making their asylum claims. They can turn in their limited-functionality BI devices and install an application (also from BI) called SmartLINK, which has the same functionality as the BI devices. Ultimately, the BI devices are basically vehicles for the app and nothing else. It’s worth noting that the distribution of devices began in 2018—during Trump’s own presidential administration.

Former President Donald Trump said that if he's reelected, Comcast will be "thoroughly scrutinized" for the "one-side [sic] viscous coverage" of its NBC News unit, "particular [sic] MSNBC, often and correctly referred to as MSDNC (Democrat National Committee)." Further, Trump said MSNBC should be investigated for "Country-Threatening Treason," and also threatened to pull its broadcast license.

The Federal Communication Commission invites the general public to comment on the Commission’s rules to be reviewed pursuant to the Regulatory Flexibility Act of 1980. The purpose of the review is to determine whether rules that the FCC adopted in calendar years 2007–2012 should be continued without change, amended, or rescinded in order to minimize any significant impact the rule(s) may have on a substantial number of small entities. Upon receiving comments from the public, the FCC will evaluate those comments and consider whether action should be taken to rescind or amend the relevant rule(s), or retain the rule(s) without modification. Comments may be filed on or before November 27, 2023. CB Docket No. 23–283

I am humbled and honored that President Biden and the United States Senate have entrusted me with the privilege to serve the people of the United States as a Commissioner of the Federal Communications Commission. As the first Latina to serve in this position in over two decades, it is especially meaningful to be sworn in as we celebrate Hispanic Heritage Month. I look forward to working with Congress, Chairwoman Rosenworcel, my fellow Commissioners, and the talented and dedicated FCC staff to ensure that every person in every community, of every geography and income, has access to modern telecommunications services. I am eager to hear from all and to bring my experience in domestic and international telecommunications to serve the American people.

The following individuals will serve in FCC Commissioner Anna Gomez's office in acting capacities:
- Deena Shetler, Acting Chief of Staff and Legal Advisor for Media and International.
- Edyael Casaperalta, Acting Legal Advisor for Wireless, Public Safety and Consumer Protection.
- Hayley Steffen, Acting Legal Advisor for Wireline and Space.
- Anna Holland, Acting Executive Assistant.
[see brief bios at the link below]

Anna Gomez is the newest, and fifth, Commissioner at the Federal Communications Commission. This may allow the FCC to pursue a Democratic agenda to tackle various issues:
- Restoring Title II Regulation: The FCC under Ajit Pai eliminated Title II regulation, which was the mechanism chosen to regulate broadband since there is no specific mandate to do so from Congress. Title II declares broadband to be a telecommunications service, meaning it can be regulated using the same authority used to regulate telephone and cellular services—the FCC.
- Tackling Broadband Discrimination: Broadband providers have long been accused of redlining—of only building broadband infrastructure to selected neighborhoods. Earlier in 2023, the FCC opened a docket to investigate digital discrimination, and it seems likely that this topic will take on more importance with a fifth Commissioner.
- Regulating Web Companies: In the last few years, the biggest web companies have seemingly gone off the deep end concerning mass misinformation and instituted policies that invite regulation. It’s probably within the FCC’s power to impose some regulations on the big platforms—or to at least try.
- Media Cross-Ownership: The FCC under Ajit Pai largely eliminated rules against the cross-ownership of print media and broadcast outlets – bringing in an unprecedented consolidation of the way that Americans get local news. However, Chairwoman Jessica Rosenworcel has shown a desire to clamp down on the worst of these practices.

Secretary of Commerce Gina Raimondo appointed Sean McDevitt, a partner with international management consulting firm Arthur D. Little (ADL), to serve on the Board of the First Responder Network Authority (FirstNet Authority). McDevitt has been a member of ADL’s telecommunications, internet, technology and private equity practice areas since 2017. He brings 30 years of private sector experience specializing in business development, business expansion, leadership, account management, and client project delivery for telecommunications and technology sectors. Prior to that, McDevitt served in a variety of executive positions in the global communications, technology and digital media industries. McDevitt will serve as one of 12 non-permanent members selected by the Department of Commerce, which oversees activities to ensure that the FirstNet Authority and AT&T—its commercial partner—develop, build, and operate a nationwide public safety broadband network that will best equip first responders to save lives and protect US communities.

President Joe Biden renewed our commitment to enhancing our partnership with the Pacific Islands, and the respective governments, to achieve our shared vision for a resilient Pacific region of peace, harmony, security, social inclusion, and prosperity, where individuals can reach their potential, the environment can thrive, and democracy can flourish. President Biden announced a new slate of activities, including plans to work with Congress to request and provide nearly $200 million in funding. The President announced plans to expand the U.S. Pacific Islands Infrastructure Initiative, working with Congress, to provide more than $28 million, and to request from Congress an additional $12 million, to support secure, sustainable, and resilient infrastructure in the Pacific Islands. The United States supports connecting the Pacific Islands to commercial, international subsea cables through efforts such as the Partnership for Global Infrastructure and Investment (PGI). Building on international commercial subsea cables under development, the United States will provide an initial investment of $3 million, subject to Congressional notification, and the Administration intends to request from Congress up to $12 million to support spurs in the region to meet the demand for additional secure ICT infrastructure investments. This announcement includes an initial investment of up to $3 million, subject to Congressional approval, for a U.S. Trade and Development Agency feasibility study for the new Central Pacific Cable, which would run from Guam to American Samoa to complete the triangle with Hawaii and could connect up to an additional 12 Pacific Island countries. The United States also intends to provide an additional $2.5 million to continue U.S. support for the East Micronesia Cable in partnership with Australia and Japan, on top of our prior $20 million commitment. The cable provides digital connectivity for Kiribati, Nauru, and the state of Kosrae in the Federated States of Micronesia by linking them with the existing HANTRU-1 undersea cable that connects Guam and the Marshall Islands.

The world's biggest streaming companies are coming together to launch the industry's first coalition, the Streaming Innovation Alliance (SIA). The streaming industry has faced few regulatory threats over the past decade, but that's changing as more television consumption moves to digital. The new group is led by two former policymakers acting as senior advisers: former Representative Fred Upton (R-MI) and former Democratic Federal Communications Commission Acting Chair Mignon Clyburn [a member of the Benton Institute for Broadband & Society Board of Directors]. The group is comprised of the biggest streaming companies in the world, including Netflix, Paramount+, Warner Bros. Discovery's Max, Comcast's Peacock, Disney, TelevisaUnivision and Univision's ViX, as well as smaller, niche streamers, such as ForUsByUs Network, Vault and Afroland.tv. As regulators consider new laws for the digital era, streamers focused on premium content want to ensure they're not being held to the same legal standards as user-generated content platforms, like TikTok or Meta. The companies also want to ensure their collective power is harnessed when the industry faces new regulatory threats.
Upcoming Events
Sept 27––Building Connections Across the Divide (Axios)
Sept 27––Mapping Broadband and Maternal Health Webinar (FCC)
Sept 27––Connected Oklahoma | Rural Broadband Summit (Cooperative Broadband Coalition)
Sept 27-28––Oregon Infrastructure Summit (Business Oregon)
Sept 28––IP3 Awards 2023 (Public Knowledge)
Sept 29––Listening Session on Digital Discrimination in New York City (FCC)
Sept 29––How Are States Managing the Broadband Billions? (American Enterprise Institute)
Oct 2-6––Digital Inclusion Week 2023 (NDIA)
Oct 2––All Together For Digital Inclusion - Stakeholder Summit 2023 (Digital Empowerment Community of Austin)
Oct 2––Will Broadband Be Affordable? Assessing Regulations for Broadband Subsidies (American Enterprise Institute)
Oct 3––What's Next For Broadband? (Community Broadband Action Network)
Oct 10-12––AnchorNets 2023 (Schools, Health and Libraries Broadband Coalition)
Oct 12-13––Digital Inclusion Research Forum (Federal Reserve Banks of Dallas, Atlanta, Philadelphia and Kansas City)
Oct 12-13––FCC Tribal Workshop at Indian Island, Maine (FCC)
Oct 24––41st Annual Everett C. Parker Lecture & Awards Breakfast (United Church of Christ Media Justice Ministry)
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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