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Recovery Act

On Broadband Issues, Lobbying Expenditures Jumped at Year's End

WASHINGTON, March 3, 2009 – The National Cable and Telecommunications Association spent $4.4 million lobbying Congress and executive branch agencies on the subject of “broadband” during the last quarter of 2008, more than twice as much as the U.S. Telecom Association spent lobbying during the same period.

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WASHINGTON, March 3, 2009 – The National Cable and Telecommunications Association spent $4.4 million lobbying Congress and executive branch agencies on the subject of “broadband” during the last quarter of 2008, more than twice as much as the U.S. Telecom Association spent lobbying during the same period.

Lobby disclosure reports for the months of October, November and December 2008 revealed that six entities spent a combined $8.2 million on seeking influence before both houses of Congress as well as executive branch agencies on broadband-related items, including lobbying contacts at the Federal Communications Commission, National Telecommunications Information Administration of the Commerce Department, and the Rural Utilities Service of the Agriculture Department.

The reports, which are available at the web site of the Senate Office of Public Records, don’t show how much an entity spent lobbying on individual bills or issues. But a search for “broadband” in the fourth quarter lobbying disclosure database, narrowed against the NTIA, revealed a rise in lobbying expenditures from $5.2 million in the third quarter to $8.2 million in the fourth quarter, or a $3 million jump.

That rise came even with one fewer entity lobbying on broadband-related bills and issues.

Lobbying disclosures report for the first quarter of 2009 are due on April 15.

NCTA led the broadband lobbying with expenditures of $4.4 million by internal lobbyists, or about $1 million more than they spent in the third quarter from June to August.

The U.S. Telecom Association, which represents AT&T, Verizon Communication, and hundreds of smaller phone companies, spent $2.19 million on lobbying expenditures – less than half the total of the cable industry.

The Senate Office of Public Records database, which allows searches by issue code, revealed that in lobbying contacts in which the NTIA was involved, NCTA weighed in on at least 15 bills with “broadband” in their titles By contrast, last quarter U.S. Telecom put its efforts in similar lobbying involving the NTIA to into just one: The Broadband Data Improvement Act, which was signed into law in October.

No funds were appropriated last year for broadband mapping. Last month’s American Recovery and Reinvestment Act set aside $350 million for the NTIA to develop a comprehensive map of broadband availability within the country.

Among individual companies, the wireless carrier T-Mobile spent nearly $1.5 million on its lobbying efforts that included the NTIA. According to descriptions of lobbying activity within the database, T-Mobile was seeking to take possession of radio-frequency spectrum it won at auction but is still waiting for the government to vacate.

And T-Mobile’s team also had its eyes on the $7.2 billion in broadband stimulus funds ultimately included in the stimulus package. The company’s fourth quarter lobbying report claims credit for drafting the provision “to expand broadband internet access so businesses in rural and other underserved areas can link up to the global economy.”

Other players on the NTIA lobbying scene were the Utilities Telecom Council, at $20,000 to lobby for broadband over power lines, the National Grange of the Order of the Patrons of Husbandry, at $10,000 to push telemedicine-based proposals and rural broadband development initiatives. Open Range Communications paid lobbyist Jon Christiansen $20,000 to lobby the Agriculture department for “Broadband rural development and regulatory approval for USDA loan.”

Broadband Breakfast Club

March Meeting: Broadband Competition: Do We Have It, and How Do We Get More of It?

BroadbandCensus.com presents the March meeting of the Broadband Breakfast Club at Old Ebbitt Grill on Tuesday, March 10, 2009, at 8 a.m. Because of the Commerce Department/Agriculture Department/FCC Public Meeting on broadband stimulus from 10 a.m. to 11:30 a.m., the Broadband Breakfast Club will adjourn at 9:30 a.m.

  • NEW! – James Baller, President of Baller Herbst Law Group, will provide a brief summary of the progress of the U.S. Broadband Coalition
  • Art Brodsky, Communication Director, Public Knowledge
  • Kathleen Ham, Vice President, Federal Regulatory, T-Mobile USA
  • Brent Olson, Assistant Vice President, Public Policy, AT&T
  • Emmett O’Keefe, Director, Federal Public Policy, Amazon.com
  • Scott Wallsten, Vice President for Research and Senior Fellow, Technology Policy Institute

Webcasts of the Broadband Breakfast Club Produced in Partnership with:

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Andrew Feinberg is the White House Correspondent and Managing Editor for Breakfast Media. He rejoined BroadbandBreakfast.com in late 2016 after working as a staff writer at The Hill and as a freelance writer. He worked at BroadbandBreakfast.com from its founding in 2008 to 2010, first as a Reporter and then as Deputy Editor. He also covered the White House for Russia's Sputnik News from the beginning of the Trump Administration until he was let go for refusing to use White House press briefings to promote conspiracy theories, and later documented the experience in a story which set off a chain of events leading to Sputnik being forced to register under the Foreign Agents Registration Act. Andrew's work has appeared in such publications as The Hill, Politico, Communications Daily, Washington Internet Daily, Washington Business Journal, The Sentinel Newspapers, FastCompany.TV, Mashable, and Silicon Angle.

Broadband Mapping

In Discussing ‘Broadband and the Biden Administration,’ Trump and Obama Transition Workers Praise Auctions

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Screenshot from the November 2 Broadband Breakfast Live Online webcast

November 22, 2020 – In the event that the incoming administration of President-elect Joe Biden seeks substantial funding for broadband infrastructure, there is a strong likelihood that such monies would be channeled through a reverse-auction mechanism, said panelists at the Broadband Breakfast Live Online event on November 11.

See more from Broadband Breakfast Live Online, including “Broadband and the Biden Administration, Part II,” on December 2, 2020.

In a discussion with Broadband Breakfast Editor and Publisher Drew Clark, two broadband policy experts who served on the transition teams for Donald Trump and Barack Obama, respectively, championed the role of such a mechanism as efficient and fair.

Previous attempts to run funding through other selection processes provided funds only to the well connected, claimed to Mark Jamison, research and education director at the University of Florida, and who served on then President-elect Trump’s 2016 transition team.

Places with a Democratic governor or a congressman of either party that sat on a powerful committee were funded more often compared to other regions, Jamison said.

Whether or not funding mechanisms were in fact biased in that way, both Jamison and Technology Policy Institute President Scott Wallsten both praised the transparency and economic efficiency of the Federal Communications Commission’s reverse-auction funding mechanism.

Wallsten, an economist who was involved in the transition for then President-elect Obama, and who also served on the National Broadband Plan implemented in the first year of the Obama administration, criticized the Rural Utility Service and the old funding process of Universal Service Fund. Both said under these mechanism, a lot of money is spent without good information about how such funds are awarded or distributed.

Wallsten and Jamison agreed that more data would help make broadband funding more effective, they also said that the FCC was right to move forward with its Rural Digital Opportunity Fund auction on October 29 – part of the new auction-based approach to the Universal Service Fund – despite imperfect mapping.

In part, this was because any inadequacy of mapping data can be resolved in the challenge process, said Wallsten. Additionally, it is not clear that auctions like RDOF, or the Connect American Fund auction in 2018, would have yielded better results had the FCC waited to update their maps.

Jamison and Wallston also projected how the Biden administration might tackle net neutrality, Section 230 and antitrust regulation.

Jamison said that if the Biden administration reinstitutes net neutrality, it will quickly see that that won’t work very well.

Wallsten said that if it’s reinstituted the debate will be different than in the past. A large part of net neutrality is paid prioritization where third parties can pay ISP’s to put their content “at the front of the line.” He said that the pandemic has demonstrated why no paid prioritization may be a mistake, as many people need guarantees of stable connection for their schooling and telehealth applications.

Wallsten also noted that many made doom and gloom forecasts when the Trump administration FCC removed net neutrality protections in December 2017. None of those predictions came to pass, he said.

Both also agreed that the FCC should not be involved the regulation of Section 230 of the Communications Decency Act, which protects tech platforms from liability for user-generated comments.

They also were wary of changes to the consumer welfare standard governing antitrust because, said Jamison, “If you’re not regulating for consumers, who are we regulating for?”

See “Broadband Breakfast Live Online on Wednesday, November 11: Broadband and the Biden Administration,” Broadband Breakfast

“Broadband and the Biden Administration” is sponsored by:

As with all Broadband Breakfast Live Online events, the FREE webcasts will take place at 12 Noon ET on Wednesday.

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National Broadband Plan

National Broadband Plan Has Held Up Well, With Notable Downsides, Say Authors

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Photo of Blair Levin, former executive director of the National Broadband Plan, by New America used with permission

June 29, 2020 — The National Broadband Plan has been successful, despite notable downsides, said panelists in a Federal Communications Bar Association webinar on Friday.

The plan, first released ten years ago, aimed to increase competition, provide lower-cost service to more Americans and decrease regulatory barriers to broadband rollout.

“Ten years in this space in terms of technology is remarkable,” said Rebekah Goodheart of Jenner & Block. “At the time only 15 percent of people had access… of 25 megabits… The fact that this plan was able to stand up through time shows how visionary it really was.”

“All the stuff that we’re taking for granted now are things that came out of recommendations from the plan,” she added.

Participants noted that, despite broadband access deficiencies amid the coronavirus, “overall broadband adoption rates [are] going up reasonably well right now,” said John Horrigan, Senior Fellow at the Technology Policy Institute.

But there are still significant barriers to unfettered telework capabilities, he said.

“We’re also waking up to the fact that smartphones, as useful as they are, have significant limitations for completing homework,” he said.

Ruth Milkman of Quadra Partners agreed.

“There’s a lot of stuff you can’t do on a smartphone,” she said. “It’s hard to read papers… and there are data caps, and it can be quite expensive if you try to use it in the same way that you would use a fixed wireline network.”

Blair Levin, non-resident Fellow at the Metropolitan Policy Project of the Brookings Institution, said that sections of the National Broadband Plan held up remarkably well, even ten years later.

“In the healthcare section which says, ‘We really need to utilize telehealth because someday there’ll be a pandemic’… it does look very prophetic,” he said.

Despite the proactivity of the policy, Levin said, it has certain shortcomings that the FCC should address.

“We’ve become much more aware in this society of different ways in which our institutions do not include everyone and lead to inequalities,” he said. “I would argue that absolutely needs to be a new plan… now it’s more important than ever because we recognize the importance of closing that digital divide.”

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Digital Inclusion

Authors of the 2010 National Broadband Plan Say That a ‘Refresh’ Should Not Only Be Up to FCC

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Photo of INCOMPAS policy summit panelists discussing the National Broadband Plan by Adrienne Patton

WASHINGTON, March 4, 2020 – Panelists at the INCOMPAS policy summit Tuesday looked back with fondness on the Federal Communication Commission’s National Broadband Plan that was released 10 years ago this month. They agreed that if the plan is refreshed, the FCC should not be the lone agency to lead in the changes.

The 10-year-old plan was designed to “ensure robust competition” and “maximize the benefits of broadband,” while fostering the spread of broadband across the country, said INCOMPAS General Counsel Angie Kronenberg.

New Street Research Policy Analyst Blair Levin, who led the plan’s development, called it a “three-act play.”

The first act was the hiring people. The second act was holding hearings and acquiring data. The third act was an extensive writing process, Levin said.

When asked how the United States is doing in regards to the plan, Levin said there have been great improvements and some complications.

Mattey Consulting Principal Carol Mattey who worked on the plan, said it was a “long and evolutionary process,” that often required “nitty gritty details” from complex concepts.

Technology Policy Institute Senior Fellow John Horrigan, who also worked on the plan, said that while the statistics do not show a large increase in Americans that have wireline broadband at home, smart phones and mobile devices have made a huge difference.

Even so, Horrigan admitted that for children who have to do homework at home, smart phones are not enough.

However, Horrigan said the way that policy makers understand and think about the digital divide has improved.

A decade ago, city mayors were not concerned about digital inclusion, and now that has changed, said Horrigan.

Levin disclosed his frustration with the “metrics” section of the plan. The availability of bandwidth should not hinder economic growth, said Levin. But, “fundamentally we’ve made progress,” Levin admitted.

“The regulatory process is too slow to catch up,” and legislators are hesitant to look so far in the future while also considering cost concerns, said Mattey.

Looking ahead to a possible refresh of the plan, Horrigan said the FCC should not be the sole organization reworking the document.

Levin agreed and added that broadband has changed over the past decade as well. He called broadband a “mixed bag.”

The whole federal government should be thinking about how to revive the plan and take into consideration cybersecurity and privacy, Levin advised.

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