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Support Dims for FCC Chairman’s Open Internet Proposal

WASHINGTON, December 21, 2010 – Federal Communications Commission Chairman Julius Genachowski on Dec. 1 announced that there would be a set of open internet rules that his agency would vote on during its open meeting on Dec. 21. While many stakeholders in the debate initially were happy to learn that the chairman would finally bring the issue to a vote, support dimmed after learning what he planned to include in the rules.

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WASHINGTON, December 21, 2010 – Federal Communications Commission Chairman Julius Genachowski on Dec. 1 announced that there would be a set of open internet rules that his agency would vote on during its open meeting on Dec. 21. While many stakeholders in the debate initially were happy to learn that the chairman would finally bring the issue to a vote, support dimmed after learning what he planned to include in the rules.

It was a little over a year ago when, after weeks of speculation, the FCC finally issued a notice of proposed rulemaking to explore the issue of network neutrality. Earlier that year, a court decision ruling that the FCC couldn’t regulate the speeds at which Comcast choose to deliver content through its networks cast a pall of uncertainty over the power of the FCC to enforce potential network neutrality violations. After weeks of study and meetings, the FCC chairman announced his now famous Third Way proposal. The Third Way sought a middle ground between what some saw as the overreaching provisions of Title II and the weak Title I authority.

The chairman spent the spring selling his Third Way proposal and it gained support among network neutrality advocates. Public Knowledge Founder Gigi Sohn said in in a statement that, “The ‘Third Way’ would establish a firmer legal foundation, not only for open internet rules but also for broadband policy generally. We urge the commission to conclude the proceeding and adopt the ‘Third Way’ proposal at a future meeting.”

The chairman spent the summer trying to gain consensus among internet service providers and content makers, but failed. The secret meetings not only failed to produce any real solution but it garnered serious criticism from telecom advocates who felt that the commission should make the meetings public.

As the FCC was holding its secret meetings, Rep. Henry Waxman of California, chairman of the House Committee on Energy and Commerce, drafted a bill that would have strengthened Title I to allow the FCC to enforce network neutrality. Additionally, the bill specifically defined network neutrality, included a sunshine provision on broadband billing, and extended the neutrality requirements to wireless providers. The bill was never able to pass the House due to strong opposition from Republicans.

Then there was the accusation by Level3, a backbone provider and new content delivery network, that Comcast was demanding more money to carry video content. In November, the commission had decided to hold its open meeting late in the month, an action that many thought was a sign that its members would finally rule on the open internet but now that a real threat to network neutrality had occurred, the need for FCC action became accelerated.

The commission vowed to look into the matter and the chairman gave a speech outlining some of the key points in the open internet rules. The announcement included the standard requirements such as allowing users the right to access legal content of their choice, and allowing ISPs to conduct reasonable management to ensure network stability but it also included some unexpected provisions. One of these provisions is a clause requiring ISPs to present contract information clearly to consumers.

A recent white paper on broadband satisfaction found that many consumers are still confused by the language and presentation on their bills. Only 24 percent said the information on their bill was very clear on the speed of their internet service.

The provision allowing for usage-based pricing has received some objections but not many.

The majority of the objections to these proposed rules come from those that believe that they are not strong enough to stand up to judicial review. The groups also felt that without reclassifying broadband and using Title II jurisdiction, the commission would face strong legal opposition.

Additionally, many groups also wanted the rules to extend to wireless providers. Among the parties objecting to these new rules on the ground that they do not go far enough are Netflix, Public Knowledge, Free Press, Skype and Amazon.

The largest source of disagreement between former supporters and the new rules is that the new rules do not prevent paid prioritization, which allows ISPs to demand content makers pay for service on their networks.

ISPs in general also oppose the action claiming that the FCC does not have the authority nor do they need to act since violations do not occur. AT&T said these new provisions would inhibit innovation and investment.

Wired provider Windstream said, however, that any rules which will be applied to wired networks need to also be applied to the wireless realm: “Stricter regulation of wired broadband services will distort the competitive marketplace, and the alleged differences between wired and wireless networks are at most matters of degree, not kind, and do not justify placing the technologies under different regulatory standards.”

There is some support for the new rules such as that from the National Association of Regulatory Utility Commissioners, which stated: “NARUC is on record supporting the uniform adoption of all six regulatory principles outlined in the FCC’s October 22, 2009 Notice of Proposed Rulemaking on a technology-neutral basis.

“If the language of the draft is subject to such a preemptive interpretation with respect to state authority to assist the FCC to fulfill clear congressional mandates to protect consumers or promote universal service with respect to broadband or related voice services, the FCC should include an explicit statement or statements that the draft is not addressing such issues nor should it be used to imply preemption of any existing state authority.”

The FCC commissioners are also split on the new draft rules. Expectedly, Republican Commissioners Robert McDowell and Meredith Atwell Baker oppose the order on principle. Commissioner Michael Copps, an ardent supporter of network neutrality, is on the fence. While he supports the concept, he believes that any action taken by the FCC should be a strong one and that the rules which have been announced are too weak. Commissioner Mignon Clyburn’s statement regarding the draft rules is vague but generally supportive.

Democratic Sens. John Kerry of Massachusetts, Byron Dorgan of North Dakota and Ron Wyden of Oregon sent letters of support to the chairman for his ideas, but Sen. Al Franken of Minnesota believes that if the FCC will act, it must use a strong hand and not approve a weak set of rules. In a letter to the FCC, Franken says “absent significant changes to the draft Order as it has been described to me, adopting these rules as they are may actually send signals to industry endorsing any closing off of the Internet that is not specifically prohibited.”

Rahul Gaitonde has been writing for BroadbandBreakfast.com since the fall of 2009, and in May of 2010 he became Deputy Editor. He was a fellow at George Mason University’s Long Term Governance Project, a researcher at the International Center for Applied Studies in Information Technology and worked at the National Telecommunications and Information Administration. He holds a Masters of Public Policy from George Mason University, where his research focused on the economic and social benefits of broadband expansion. He has written extensively about Universal Service Fund reform, the Broadband Technology Opportunities Program and the Broadband Data Improvement Act

Digital Inclusion

Debra Berlyn: What’s New in 2022 for Aging and Tech?

Older adults continue at a rapid pace to adopt tech that assists the aging process.

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The author of this Expert Opinion is Debra Berlyn, executive director of GOAL

It’s the start of a new year and time to view what’s on the horizon for the latest technology innovations. To our great anticipation, the most significant technology event of the year, the Consumer Electronics Show, returned in-person to Las Vegas!

CES 2022 literally rolled in with some eye-catching innovations and gadgets unveiled at CES, notably with a BMW that can change its color and patterns with the use of a phone app. CES also unveiled the usual army of robots to clean the house, provide learning skills, and entertain. The Ameca robot is “human-like” and can be programmed with software using artificial intelligence, offering both speech and facial/object recognition. Ameca will engage in conversation and complement you on your lovely red hat.

The more important technology story for consumers for 2022, isn’t just the “wow” innovations that may or may not make it to market this year, it is the tech that will enhance and improve all of our lives. This is particularly important for the aging community, who increasingly rely on tech to stay connected to family and community, and as an important component of healthcare.

Those 65 and older continue to adopt tech at a rapid pace, narrowing the gap with their age 18-29 younger counterparts. Now, over 65% of older adults have broadband at home, 44% have tablets, and 61% have a smartphone. These “basics” form the foundation for layering the more sophisticated health and wellness and smart home innovations available today, and on the horizon.

The pandemic has emphasized the importance of tech for the aging community. A recent AARP study has confirmed that technology is a “habit” that is here to stay for older adults. The past couple of years has led to an emphasis on tech devices to monitor our health, help us stay fit and get connected to our health care professionals.  We are spending more time at home for work and leisure, and while at home we want to be able to manage our energy use, home security, appliances and more.

According to the chief technology officer at Amazon, Werner Vogels, one of his primary predictions for tech this year is, “In 2022, our homes and buildings will become better assistants and more attentive companions to truly help with our most human needs. The greatest impact in the next few years will be with the elderly.”

Technology can provide solutions to make life easier for older individuals

A critical opportunity that technology provides is to solve tough problems such as how to make life just a bit easier for older individuals and address their greatest challenges as they age.  Voice assistive tech continues to be a popular device for older adults. One-third (35%) of those 50-plus now own a home assistant, up from 17% just two years ago, with the voice assistant serving as a significant tool to reduce isolation for older adults.

While the AARP study found that growth of ownership of voice assistants, such as the Amazon Echo and Google Home, may have slowed for younger demographic groups, ownership continues to be on the rise for older adults.

Here are several examples of innovations for the aging community:

  • The Labrador Retriever is an assistive “robot” that empowers individuals to live more independently by providing practical, physical assistance with everyday activities. The robot is a rolling container with trays that can be “commanded” to go to different locations in the home to retrieve objects and carry them to various locations. It maps the home and “learns” how to navigate the space to operate wirelessly.
  • Tech devices that enable older individuals to track several critical aging factors continue to be introduced and desired in the marketplace. The “Buddy” from LiveFreely, is smartwatch software that monitors and manages fall prediction and detection, medication schedules and reminders, and emergency notifications. With alerts to family members, caregivers and emergency services providers, it provides wearers with an enhanced sense of security and independence. The software operates on both the Apple and Fitbit device.
  • For any aging adult with mobility issues, or their caregivers, you know that just getting around can be a challenge and now there are advances to the most needed tool in aging: the walker. One company, Camino, has developed a sleeker, advanced walker with an ergonomic design, lights and improved navigation for bumps in the road to provide greater walking assurance and balance.
  • The “Freestyle,” from Samsung, is an entertainment component of the smart home for older adults. It is a projector device with accessibility features that can be used inside the home or out, to project content such as a movie, photos or messages from any smartphone onto any surface.

AARP’s 2022 study on technology trends also recognizes that the increasing older demographic has significant purchasing power in the consumer market, including for technology spending. The study found, “Tech spending in 2020 among adults 50+ is up 194% (from $394 to $1144) to modernize, update, or create a better experience online.”

It also projected that by the year 2030, “the 50-plus market is projected to swell to 132 million people who are expected to spend on average $108 billion annually on tech products.”

In the coming years, older adults will have a wide range of new and innovative products to exercise their market power and find the right technology to enhance and assist their lives as they age. Over the past decade, technology has empowered older adults to be increasingly more independent, battle isolation, and stay informed and connected.  While we can’t predict the future, the next decade should be an exciting opportunity for new innovations for the aging community.

Debra Berlyn serves as the executive director of The Project to Get Older Adults onLine (GOAL), and she is also the president of Consumer Policy Solutions. She represented AARP on telecom issues and the digital television transition and has worked closely with national aging organizations on several internet issues, including online safety and privacy concerns.  She serves as vice chair of the Federal Communications Commission’s Consumer Advisory Committee and is on the board of the National Consumers League and is a board member and senior fellow with the Future of Privacy Forum. This Expert Opinion is exclusive to Broadband Breakfast.

Broadband Breakfast accepts commentary from informed observers of the broadband scene. Please send pieces to commentary@breakfast.media. The views reflected in Expert Opinion pieces do not necessarily reflect the views of Broadband Breakfast and Breakfast Media LLC.

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Digital Inclusion

Digital Inclusion Leaders a Critical Step to Closing Digital Divide: National League of Cities

The National League of Cities said government leaders need to have ‘multiple points of engagement’ with communities.

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Lena Geraghty, National League of Cities director of urban innovation

WASHINGTON, January 20, 2022 – To understand the digital divide, cities need to include digital equity leaders in their broadband needs assessment programs, the National League of Cities said at an event on community connectivity challenges Wednesday.

A broadband needs assessment would allow city leaders to explore the extent of the digital divide in their communities, said Lena Geraghty, the National League of Cities’ director of urban innovation.

“[A needs assessment] enable city leaders to dig into who’s being excluded, what’s currently available in your city, and what solutions city leaders can use” to close the digital divide, she said.

“The community is going to know best about where access exists, where gaps exist, and the needs that will make connectivity better,” Geraghty said. To get the best picture of a community’s need, stakeholders must find and include the community’s digital equity leaders in the data-gathering process, she added.

“These could be people that are knowledgeable about digital equity or people that are experiencing the digital divide,” she said. “Think really broadly about what it means to be a leader and the type of information these folks can bring to bear in solving the digital divide in your communities.”

Geraghty said it may be useful to formalize the leaders’ work by creating a broadband working group or ad hoc committee led by the city’s government. “Giving some roles and responsibilities can help everyone move in the same in direction, there’s agreement, and really clear goals and outcomes.”

Geraghty added that it’s important for government leaders to establish multiple points of engagement for the community. “It’s not enough to gather data or information from people once,” she said. “The state of access to the internet and devices is always changing,” so leaders should create multiple touch points for community input.

The National League of Cities released its Digital Equity Playbook for cities in December, walking readers through how they can promote digital equity in their cities. The playbook has a four-step process on how to get started with digital equity.

By walking readers through the process of connecting with the community, evaluating the connectivity landscape, gathering foundational information and reporting on findings, city leaders will be prepared to target broadband funding to unserved and underserved areas in their communities.

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Environment

FCC Commissioner Starks Says Commission Looking into Impact of Broadband, 5G on Environment

Starks sat down to discuss the promise of smart grid technology for the environment.

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FCC Commissioner Geoffrey Starks

WASHINGTON, January 19, 2022 – Former and current leaders within the Federal Communications Commission agreed Thursday that it is important to make sure the FCC’s broadband efforts support the nation’s goals for the environment.

On Thursday, during a Cooley law firm fireside chat event, Robert McDowell, a former FCC director, and current FCC Commissioner Geoffrey Starks discussed how broadband expansion and next-generation 5G mobile networks will affect the environment.

Starks said that the commission is currently focusing on answering that exact question and are evaluating the current attempts to protect the environment, as more money is expected from the federal government and as broadband infrastructure expands. That includes putting more fiber into the ground and erecting more cell towers, but also allowing for a broadband-enabled smart grid system that will make automated decisions on energy allocation.

Smart grid systems, for example, provide real-time monitoring of the energy used in the electrical system. These systems can help to reduce consumption and carbon emissions, Starks said, by rerouting excess power and addressing power outages instantaneously in the most efficient and environmentally friendly manner. The smart grid systems will monitor “broadband systems in the 900 MHz band,” said Starks.

Starks also noted the Senate’s “Strengthening Mobility and Revolutionizing Transportation” initiative, which would set apart $500 million for cities across America so they can begin working on ways to lower carbon emissions.

FCC also focused on digital discrimination

Starks said the commission is also focusing on “making sure that there is no digital discrimination on income level, race, ethnicity, religion, national origin,” and that it all comes down to funding and who needs the money.

He stated that the first step is to finalize the maps and data that have been collected so funding can be targeted to the areas and people that need it the most. Many have remarked that the $65 billion allocated to broadband from the Infrastructure Investment and Jobs Act will not be divvied out until adequate maps are put in place.

Starks noted that broadband subsidy program Lifeline, although fundamental to some people’s lives, is significantly underutilized. Starks stated that participation rates hover around 20 percent, which led the FCC to explore other options while attempting to make Lifeline more effective. For example, the Emergency Broadband Benefit Program – which provides monthly broadband subsidies – has been replaced by the Affordable Connectivity Program, a long-term and revised edition of the pandemic-era program.

Starks and McDowell also stated their support for the confirmation by the Senate of Alan Davidson as the permanent head of the National Telecommunications and Information Administration and expressed that Davidson will be a key player in these efforts.

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