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Broadband's Impact

Broadband Roundup: Supreme Court Upholds Privacy and Copyright, Plus FCC’s Wheeler Talks Net Neutrality in Silicon Valley

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WASHINGTON, June 26, 2014 – The Supreme Court ruled unanimously Wednesday that a search warrant is necessary for police to search the digital content of an arrested individual’s cell phone.

Chief Justice John Roberts, writing for the court, held that the contents of mobile phones are protected under the Fourth Amendment: “modern cell phones are not just another technological convenience. The fact that technology now allows an individual to carry such information in his hand does not make the information any less worthy of the protection for which the Founders fought.”

The decision will somewhat limit the “ability of law enforcement to combat crime,” the court noted that some “exigent circumstances” might permit case-by-case exceptions to the rule, as where “officer safety” were to be at risk.

Senate Judiciary Chairman Patrick Leahy, D-Vt., said the decision was “a wake-up call that we need to update our laws to keep pace with technological advances.” He said the court’s logic needs to be extended to government searches of personal email, and called for congressional passage of his bipartisan update to the Electronic Communications Privacy Act.

In a 6-3 split  decision, the Supreme Court also ruled that the Internet video service Aereo had engaged in copyright infringement. The service, which allows users to watch and record local broadcast television channels on computers and mobile devices for $8 per month, was held to have engaged in a “public performance” under the Copyright Act, and hence requiring permission from TV networks to make use of the content.

“Given Aereo’s overwhelming likeness to the cable companies targeted by [copyright law], this sole technological difference between Aereo and traditional cable companies does not make a critical difference here.”

Justices Antonin Scalia, Clarence Thomas and Samuel Alito dissented, arguing that the court was stretching copyright law beyond its intended meaning.

“It is not the role of this Court to identify and plug loopholes,” they wrote. “It is the role of good lawyers to identify and exploit them, and the role of Congress to eliminate them if it wishes.”

Gordon Smith, CEO and President of the National Association of Broadcasters, said in a statement: “Television broadcasters will always welcome partnerships with companies who respect copyright law. Today’s decision sends an unmistakable message that businesses built on the theft of copyrighted material will not be tolerated.”

Federal Communications Commission Chairman Tom Wheeler met with venture capitalists from startups and mid-size companies in Silicon Valley this week to hear their thoughts on net neutrality, according to Re/code.

Attendees included representatives from Y Combinator, Mozilla, public interest group Engine Advocacy, content delivery network Cloud Flare, Yelp and Square.

“An Open Internet is an essential foundation for startups to build upon, so very glad that Chairman Wheeler is spending time in Silicon Valley meeting with entrepreneurs, tech execs and investors,” said Homebrew’s Hunter Walk according to Re/code.

Broadband's Impact

Craig Settles Talks Telehealth, FCC Mapping Issues on States, Broadband’s Impact on Critical Infrastructure

Craig Settles talks about the need for telehealth and ubiquitous broadband in a recent interview.

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Craig Settles, author of broadband deployment guide Building the Gigabit City

November 29, 2021 – Craig Settles, market researcher and author of broadband deployment guide Building the Gigabit City, spoke with Broadband Breakfast Deputy Editor Sarah Stirland in a Sunday profile that emphasized the need for communities to prioritize telehealth in broadband planning.

The profile in Broadband.Money, a broadband grant funding service that allows ISPs and community networks to discover, apply, and win broadband grants, discusses how the pandemic has changed stakeholder interest in broadband’s role in telehealth. Before COVID-19, “[n]o one would talk about medical reminders, or remote sensors to help children keep track of their elderly parents,” he said in the Sunday profile. The new national focus on telemedicine offers a new opportunity to save lives by improving connectivity speed and delivering critical information to health professionals.

Now, Settles works with stakeholders to provide broadband strategies that match local communities’ lifestyle and business needs. Settles’ work combines community-empowerment and broadband deployment strategies to deliver telehealth services to places in need.

“Our job is to figure out what they’re going to want before they do,” Settles said. I think Henry Ford once said, ‘If I’d ask customers what they wanted, they would’ve told me a faster horse.’ People don’t know what they want until you show it to them.”

Settles will answer questions about broadband needs analysis and future broadband deployment in an Ask-Me-Anything session with Broadband.Money on Friday, December 3rd, at 7.30 p.m. Settles’ work and analyses of when telehealth services makes sense can be found at his web site.

FCC mapping issues threaten broadband deployment

States and cities are unsure of where to put government broadband money because the maps are inaccurate, according to a Politico report Monday.

The lack of accurate nationwide maps that the Federal Communications Commission is working on improving is also threatening the efficient use of the $42 billion in broadband money going to states as a result of new infrastructure legislation signed into law two weeks ago.

Although the government won’t start distributing funds from the Infrastructure, Investment and Jobs Act for at least another year, Politico reports, citing BroadbandNow data, that states and cities are already allocating $10 billion in federal relief without confidence in their ability to identify their communities’ dead zones.

The FCC’s maps, compiled from telecommunications providers, have drawn longstanding criticism from industry stakeholders, members of Congress, and the FCC itself because of its overreliance on the Form 477 method, which took data from internet service providers. Now, the problem has reached a new inflection point as states try to find coverage gaps — and even as the agency seeks other methods, including crowdfunded data, for better mapping.

Congress required that better maps should be used before the infrastructure money is spent, which could help states accurately fund the neediest areas when the $65 billion broadband package is made available.

In the meantime, towns and counties that need broadband funding most urgently will have to wait while states with more accurate data can better target funding. In Ohio’s Athens County, a speed test data from measurement company Ookla showed that at least 340,000 households in eastern Ohio had no home broadband, while the FCC estimated that, at most, 328,000 households in the entire state have connections too slow to fit its definition of broadband.

Cisco says broadband deployment will improve hard infrastructure

Cisco says that by adding broadband to the nation’s “critical infrastructure,” the United States will modernize our hard infrastructure.

More reliable connectivity will support our nation’s roads, bridges, and waterways, the company wrote to MarketScreener on Monday.

Cisco says digital networks, while using broadband connections, can “expand beyond broadband to support other forms of critical infrastructure.” Dubbed Operational Technology networks, or OT networks, digital systems will be able to monitor the nation’s hard infrastructure, like monitoring a switch to trigger a shutdown if a certain value in a water system is exceeded. Community safety commissions could also start monitoring bridges for unusual stresses, speeding awareness, and more efficient responding to maintenance needs. Further, public safety services could remotely change red-yellow-green light switches and alter traffic signals for emergency vehicles.

The company recommended that technology companies should leverage funding from the Infrastructure Investment and Jobs Act to secure and use OT networks. “Doing so can help drive greater efficiencies, faster response times and potential costs savings. It can also create more efficient opportunities as future technologies come online,” Cisco said. “By expanding beyond broadband to deliver OT networks with automation, machine learning and other innovative services (like those that support autonomous vehicles), we can build a more inclusive infrastructure that benefits everyone.”

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Broadband's Impact

Sunne McPeak: Achieving True Digital Equity Requires Strong Leadership and Sincere Collaboration

Collaboration between community leaders will be essential in ensuring success of the Biden infrastructure bill in California.

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The author of this Expert Opinion is Sunne Wright McPeak

This week, President Joe Biden signed the infrastructure bill, which includes $65 billion for expanding broadband deployment and access for all Americans.

The national plan is described as the most significant infrastructure upgrade in the three decades since the Cold War. “This is an opportunity to create an Eisenhower national highway system for the information age,” says a former White House National Security Council senior director.

For California – the nation’s largest state – it means a minimum $100 million for broadband infrastructure that is designed to expand high-speed internet access for at least 545,000 residents, particularly in unserved and underserved communities, according to the White House. The federal funding will support California’s $6 billion broadband infrastructure plan.

Closing the digital divide and achieving true digital equity requires strong leadership and sincere collaboration among public agencies, internet service providers and civic leaders to seize this unique opportunity to achieve strategic priorities in education, telehealth, transportation and economic development. The 2021 USC-CETF Statewide Survey on Broadband Adoption highlighted that a significant number of Californians will be left behind because they are unable to access the internet and other digital functionality needed for vital activities.

Now, the question is how to ensure the public’s funds will be used as effectively and efficiently as possible. California must implement a thoughtful, aggressive strategy that will maximize immediate impact and optimize return on investment. Separately, for several years, CETF has been calling for broadband deployment as a green strategy for sustainability; that urgency only grows in the wake of the COP26 climate meetings. As leaders begin to make historic investments, they should embrace these key principles for action:

  • Prioritize and drive infrastructure construction to the hardest-to-reach residents — rural unserved areas, tribal lands, and poor urban neighborhoods — and then connect all locations, especially anchor institutions (schools, libraries and health care facilities), along the path of deployment.
  • Require open-access fiber middle-mile infrastructure with end-user internet speeds sufficient to support distance learning and telehealth.
  • Strive to achieve ubiquitous deployment in each region to avoid cherry picking for more lucrative areas.
  • Encourage coordination among local governments and regional agencies to streamline permitting and achieve economies of scale.
  • Develop an open competitive process to achieve the most cost-effective investment of new dollars by optimizing use of existing infrastructure that ratepayers and taxpayers already have built.

To learn more, please contact Sunne Wright McPeak at sunne.mcpeak@cetfund.org

Sunne Wright McPeak is President and CEO of California Emerging Technology Fund, a statewide non-profit foundation with 15 years of experience addressing broadband issues to close the Digital Divide in California. This piece 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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Funding

Bigger Investment Needed for Next Generation 9-1-1 Services, Experts Say

Former head of NTIA said it could cost $12 billion.

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David Redl, CEO of consulting group Salt Point Strategies and former head of NTIA

WASHINGTON, November 15, 2021–– Experts at a Federal Communications Bar Association event earlier this month said the current funding allocation for next-generation 911 services is inadequate.

Currently, under the Joe Biden administration’s Build Back Better Act, the new 911 services – which will allow people to share videos, images and texts with 911 call centers – is allocated $500 million.

“It’s not enough to fully fund 911,” David Redl, CEO of consulting group Salt Point Strategies, said on the FCBA’s “What Comes Next in 911” panel on November 4. Redl was formerly the head of the Commerce Department’s telecom agency National Telecommunications and Information Administration.

Redl said the number could be “about 12 billion.” For Redl, the challenge is to address the funding gap for NG911 “when there’s skepticism in Washington and the [Federal Communications Commission and] when states have different ideas about the best way to allocate funding and best technology to use.”

Dan Henry, director of government affairs at the National Emergency Number Association, agreed.

While Henry said he’s excited about the national-level interoperability tools for call centers that will allow the ability to transfer emergency calls across states with the call’s incident file intact, the failure to get sufficient funding for NG911 puts health and safety at risk. “We’re not near what we need to get [NG911] across the finish line,” he said.

The technology to deploy NG911 is ready, added Chandy Ghosh, chief operating officer and general manager of emergency services at communications company Inteliquent. “It’s not a tech issue,” she said. Wireless clients have been testing NG911 with successful results.

Stakeholders need to communicate with government

Chris Moore, principal at consulting firm Brooks Bawden Moore, said a federal investment is required to deploy NG911. He suggested that industry stakeholders should convene to tell government what they need.

“For now we’ll get what we get, we’re going to continue to push for more funding, but it’s not going to be this round,” he said.

On October 26, the National Association of State 911 Administrators Association asked the FCC to initiate a rulemaking to assist with the implementation of NG911 by clarifying the agency’s authority to regulate the delivery of 911 services through internet protocol-based emergency networks and shift cost-bearing to service providers.

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