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Broadband's Impact

FCC to Put Its Legal Weight Behind Preemption of State Laws That Limit Community Gigabit Networks

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February 3, 2015 – The Federal Communications Commission will put its legal weight behind a petition that would preempt laws in North Carolina and Tennessee  that restrict the ability of community broadband networks to expand operations.

FCC Chairman Tom Wheeler will urge his fellow commissioners — and is expected to obtain support from a majority of them — to vote against restrictions on municipality-supported networks in Chattanooga, Tenn., and Wilson, North Carolina.

“After looking carefully at petitions by two community broadband providers asking the FCC to pre-empt provisions of state laws preventing expansion of their very successful networks, I recommend approval by the Commission so that these two forward-thinking cities can serve the many citizens clamoring for a better broadband future,” Wheeler said in a statement.

Wheeler intends for the agency to take the action at its open meeting on February 26, 2015.

The proposed preemption of state restrictions will be limited to the laws of North Carolina and Wilson, agency officials said, because those were the state putting forward a petition for preemption.

According to a fact sheet released Monday by the agency, “the proposed order finds that certain provisions of the state laws are barriers to broadband investment and competition and that preemption is warranted.”

Agency officials said in a conference call that Congress and the FCC have the power to regulate interstate commerce and interstate communication. Because internet access crosses state lines, these officials said, the FCC has the authority to preempt state laws when acting pursuant to a specific grant of authority.

Agency officials said that FCC will take the action under Section 706 of the Telecommunications Act, which directs the FCC to remove barriers to broadband competition.

Agency officials distinguished the new preemption from a 2004 Supreme Court decision, Nixon v. Missouri Municipal League, upholding states’ authority to limit telecommunications competition from municipalities.

“While states retain authority to grant or withhold the ability of their cities and towns to enter the broadband market, once states have granted that authority, they may not impose on community providers regulatory burdens that act as barriers to infrastructure investment and competition,” the agency said in a fact sheet released Monday.

The move by Wheeler comes less than three weeks after President Obama announced efforts to end laws that harm broadband competition, steps to support a growing national movement of local leaders for Gigabit Networks, and new federal funding and a new initiative to support community broadband.

Next Century Cities, a new group designed to foster ultra-high-speed connectivity by cities reacted favorably. “Any move to expand choices for towns and cities is good for innovation, competition, and for the country,” said the group’s Executive Director Deb Socia.

“Just last week, mayors and elected officials from 38 of our member communities wrote urging the FCC to respect the principles of local choice and self-determination. We applaud the Chairman on his response, and this draft decision is a key step forward.”

Drew Clark is the Chairman of the Broadband Breakfast Club. He tracks the development of Gigabit Networks, broadband usage, the universal service fund and wireless policy @BroadbandCensus. He is also Of Counsel with the firm of Kirton McConkie, based in Salt City City, Utah. You can find him on LinkedIN and Twitter. The articles and posts on BroadbandBreakfast.com  and affiliated social media are not legal advice or legal services, do not constitute the creation of an attorney-client privilege, and represent the views of their respective authors. Clark brings experts and practitioners together to advance the benefits provided by broadband: job creation, telemedicine, online learning, public safety, energy, transportation and eGovernment. 

Breakfast Media LLC CEO Drew Clark is a nationally respected U.S. telecommunications attorney. An early advocate of better broadband, better lives, he founded the Broadband Census crowdsourcing campaign for better broadband data in 2008. That effort became the Broadband Breakfast media community. As Editor and Publisher, Clark presides over news coverage focused on digital infrastructure investment, broadband’s impact, and Big Tech. Under the American Recovery and Reinvestment Act of 2009, Clark served as head of the Partnership for a Connected Illinois, a state broadband initiative. Now, in light of the 2021 Infrastructure Investment and Jobs Act, attorney Clark helps fiber-based and wireless clients secure funding, identify markets, broker infrastructure and operate in the public right of way. He also helps fixed wireless providers obtain spectrum licenses from the Federal Communications Commission. The articles and posts on Broadband Breakfast and affiliated social media, including the BroadbandCensus Twitter feed, are not legal advice or legal services, do not constitute the creation of an attorney-client privilege, and represent the views of their respective authors.

Health

Digital Literacy Training Needed for Optimal Telehealth Outcomes, Healthcare Reps Say

Digital literacy should be a priority to unlock telehealth’s potential, a telehealth event heard.

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Photo of telehealth consultation from Healthcare IT News

WASHINGTON, May 18, 2022 – Digital literacy training should be a priority for providers and consumers to improve telehealth outcomes, experts said at a conference Tuesday.

Digital literacy training will unlock telehealth’s potential to improve health outcomes, according to the event’s experts, including improving treatment for chronic diseases, improving patient-doctor relationships, and providing easier medical access for those without access to transportation.

Julia Skapik of the National Association of Community Health Centers said at the National Telehealth Conference on Tuesday that both patients and clinicians need to be trained on how to use tools that allow both parties to communicate remotely.

Skapik said her association has plans to implement training for providers to utilize tech opportunities, such as patient portals to best engage patients.

Ann Mond Johnson from the American Telemedicine Association agreed that telehealth will improve health outcomes by giving proper training to utilize the technology to offer the services.

The Federal Communications Commission announced its telehealth program in April 2021, which set aside $200 million for health institutions to provide remote care for patients.

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Digital Inclusion

W. Antoni Sinkfield: To Succeed in 21st Century, Communities Need to Get Connected Now

One of the primary responsibilities of being a faith leader is to listen to your community and understand its problems.

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The author of this Expert Opinion is Reverend W. Antoni Sinkfield, Associate Dean for Community Life at Wesley Theological Seminary.

One of the primary responsibilities of being a faith leader is to listen to your community, understand its problems, and provide support in challenging times. Particularly during the pandemic, it has been hard not to notice that my parishioners, and folks across the country, are divided into two groups: those with access to the internet, and those without.

In 2022, digital inclusion is still something we strive for in poor and rural areas throughout America. The lack of reliable internet access is an enormous disadvantage to so many people in all facets of their lives.

To fully participate in today’s society, all people, no matter who they are and no matter where they live, must have access to the internet. Think of the remote learning every child had to experience when schools were closed, and the challenges that families faced when they didn’t have access to a quality connection.

It’s a question of plain fairness.

Politicians have been talking for decades about bringing high-speed internet access to everyone, however many families continue to be left behind. More than 42 million people across the country lack affordable, reliable broadband connections, and as many as 120 million people who cannot get online are stuck with slow service that does not allow them to take advantage of everything the internet has to offer.

People of color are disproportionately affected by lack of broadband access

Lack of broadband disproportionately affects communities of color, as well: 35 percent of Americans of Latino descent and 29 percent of African-Americans do not have a broadband connection at home.

Every person in rural towns, urban neighborhoods, and tribal communities needs and deserves equal and full economic and educational opportunities. Studies show that students without home access to the internet are less likely to attend college and face a digital skills gap equivalent to three years’ worth of schooling. Small businesses, which are the cornerstone of rural and urban communities alike, need broadband to reach their customers and provide the service they expect.

Simply put, having access to the internet in every community is vital to its ability to succeed in the 21st century.

Fortunately, we have an opportunity to take major steps toward a solution. Last year, Congress passed President Biden’s Infrastructure Investment and Jobs Act, which provides $65 billion to expand broadband access and affordability. It is essential that we use this money to connect as many unserved and underserved communities as we can – and as quickly as we can.

Different places need different options to bridge the digital divide

As we bridge the digital divide, we must listen to those who have been left behind and make sure that we deploy solutions that fit their needs. Different places need different options – so it’s important that all voices are heard, and the technology that works best for the community is made readily available.

All people need access to broadband to learn, work, shop, pay bills, and get efficient healthcare.

When I talk to my parishioners, they speak about how much of their lives have transitioned online and are frustrated about not having reliable access. They do not care about the nuances of how we bring broadband to everyone. They just want to have it now – and understandably so.

This means that we must explore all solutions possible to provide high-speed broadband with the connection and support they need, when they need it, regardless of where they live.

Now is the time to meet those struggling where they are, stop dreaming about bridging the divide, and just get it done. Our government has a rare opportunity to fix an enormous problem, using money already approved for the purpose. Let’s make sure they do so in a manner that works for the communities they’re trying to help.

Rev. W. Antoni Sinkfield, Ph.D., serves as Associate Dean for Community Life at Wesley Theological Seminary, and is an ordained Itinerate Elder in the African Methodist Episcopal Church. 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 expressed in Expert Opinion pieces do not necessarily reflect the views of Broadband Breakfast and Breakfast Media LLC.

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Broadband's Impact

Biden Delivers Remarks on Free Broadband to Qualified Households

Biden compared the value of broadband to telephone service, and drew parallels to the historic effort to connect the country.

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Screenshot of President Joe Biden delivering remarks at the White Hose Rose Garden

WASHINGTON, May 9, 2022 – President Joe Biden emphasized the essential nature of broadband during a public appearance on Monday.

Biden delivered remarks at the White House Rose Garden on the day’s earlier announcement that the federal government would work with both regional and national broadband providers to provide essentially free broadband to qualified households.

“Too many Americans simply cannot afford to get connected even if there is access to get connected. So, they go without high-speed internet, or they sacrifice other necessities in order to make it work,” Biden said.

“High-speed internet is not a luxury any longer – it is a necessity,” Biden said. “That is why the bipartisan infrastructure law included $65 billion to make sure we expand access to broadband internet in every region of the country.”

Biden also laid out the criteria for eligible households to take advantage of Affordable Connectivity Program, which when paired with the effort by ISPs to keep 100 Mbps download services under $30, provides free internet to consumers.

“If your household income is twice the federal poverty level or less – that is that’s about $55,000 per year for a family of four – or $27,000 for an individual – or a member of your household is on Medicaid or supplementary [social] security income or a number of other programs – you are eligible.”

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