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Time to Focus on California Legislation That Affects Infrastructure Access to Rights-of-Way and Conduit, says EFF

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BROADBAND BREAKFAST INSIGHT: California, and many other states, have muscled their way onto the national broadband stage. They’ve done this through legislation that would either require net neutrality protections that the Federal Communications Commission removed in December 2017, or use state purchase power to require that selected Internet Service Providers commit to neutrality principles, or both. In this piece from Electronic Frontier Foundation’s Ernesto Falcon, the non-profit group is urging renewed focus on a law that governs access to rights of way and underground conduit. Bonus quote: “Californians have very little access to wholesale open access fiber companies, or any broadband provider that is not a cable TV or telephone company. That differs significantly from places such as Utah, where people have eleven choices for gigabit fiber at around $50 a month.”

Don’t Let California’s Legislature Extend Broadband Monopolies for Comcast and AT&T, from the Electronic Frontier Foundation:

Californians have successfully pushed the state’s legislature to restore two-thirds of the 2015 Open Internet Order through state laws. Stopping legislation from Assemblymember Lorena Gonzalez—backed by AT&T and Comcast (A.B. 1366)—is the final piece to bringing back those critical protections to promote broadband choice.

The California Assembly will soon take up this bill, which would renew a 2011 ISP-backed law that expires this year. That law had the stated goal of promoting choice and competition for Voice over Internet Protocol (VoIP) services. In practice, however, it has sidelined state and local governments from exerting authority over broadband and led to fewer choices for consumers at higher prices.

Today, most Californians face a monopoly for high-speed broadband access. If we let the 2011 law expire, California could instead choose to empower state and local governments to create policies to eliminate local monopolies. Doing so now is even more crucial than it was in 2011, as the FCC no longer oversees the broadband industry.

[more…]

Source: Don’t Let California’s Legislature Extend Broadband Monopolies for Comcast and AT&T | Electronic Frontier Foundation

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.

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E-Rate Bidding Portal Dilemma, Sustainable Funding for Indigenous Broadband, NYC Kills Internet Plan

Iowa’s education department said it faces breaking either FCC or state rules if E-Rate portal approved.

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Photo of New York City Mayor Eric Adams by Marc A. Hermann of the MTA used with permission

December 5, 2022 – The Iowa Department of Education sent a letter Monday to the Federal Communication Commission raising concern that the commission’s proposal for an E-Rate bidding portal would cause conflicts with state laws.

The E-Rate program provides broadband subsidies to schools and libraries and is part of the Universal Service Fund. Late last year, the commission proposed to have a central document repository, called a bidding portal, through which internet service providers would submit bids to the program administrator, the Universal Service Company, instead of directly to applicants at a state and local level. Currently, libraries and schools announce they are seeking services and service providers apply directly to those institutions.

The rationale for the proposal is to streamline the program and reduce fraud, waste and abuse, the FCC said, following a government watchdog report that said the E-Rate program is susceptible fraud risks.

But on Monday, the Iowa Department of Education said if the proposal is adopted, the institution faces either breaking FCC rules or state rules. That’s because Iowa is required to notify targeted small businesses 48 hours ahead of a public bid, but this would conflict with the FCC’s requirement that says bidders can’t have advance knowledge of project information, the institution said.

Iowa noted that similar complaints have been made by institutions in California, Kentucky, South Dakota, Illinois, and Utah. The Consortium for School Networking, the National School Boards Association, and the National Association of Telecommunications Officers and Advisors had also brought forward concerns about conflict with state laws in their submissions to the commission.

Another concern raised by the Iowa Department of Education is that the bidding portal might discourage competitive bidding from applicants and providers because it will make the process more burdensome. That has been a complaint of the program for others as well, with submitters to the FCC complaining about additional complexity with the process.

Connect Humanity calls for sustainable funding, indigenous spectrum renewal

Non-profit Connect Humanity announced Monday calls to the governments of Canada and the United States for action as part of its 2022 Indigenous Connectivity Summit Calls to Action, including ensuring government funds are going to the ongoing operation of networks and not just upfront costs for builds.

“Recognizing the high costs of operating networks in rural and remote areas, we call on governments, the private sector, and philanthropic organizations to provide sustainable funding for the ongoing operation of networks, not just upfront capital costs,” said a Connect Humanity webpage.

The federal government has been delivering billions of dollars from the American Rescue Plan Act and will soon be plowing billions more from the Infrastructure, Investment and Jobs Act to the states to support broadband infrastructure. But some have said the money – $42.5 billion in the case of the latter – is not enough for rural and remote communities to see long-term sustainability.

The Connect Humanity call to action also touched on indigenous rights to spectrum, including asking the governments to stop selling spectrum licensing and renew permits on indigenous territories.

“Furthermore, those departments should promptly and unconditionally release unused spectrum licenses on and over Indigenous traditional territories for the use by and benefit of Indigenous Peoples,” the calls to action said, adding if indigenous leadership chooses not to manage spectrum in their territories, then the federal government should do so on their behalf and turn over revenues to the community.

The calls also ask that governments put in place a “dedicated workforce development initiative,” which would be “conducive to well-paid employment opportunities for Indigenous community members, including youth.” That would include governments, the private sector and philanthropic communities coming together to fund long-term funding for those training initiatives.

The calls to action build upon past recommendations that are made on an annual basis.

New York City discontinues internet master plan

New York City has cancelled its 2020 “Internet Master Plan” without public notice, according to reporting from the Gothamist on Monday, which would’ve provided $157 million in funds for the build out of municipal broadband infrastructure in poor communities.

The project would have connected 1.2 million residents to free or low-cost, high-speed internet. After Mayor Eric Adams assumed office, the project went on hold before it was canceled without public notice, the publication reports. It previously selected about a dozen businesses to lead this effort, many being led by women and people of color.

The plan, signed under previous Mayor Bill de Blasio, said it would extend broadband internet service to all New York residents regardless of income or zip code. In the plan, Blasio said, “We will work with the private sector to make sure it is available across the five boroughs, close the digital divide, and make sure all New Yorkers have equal access to the economic, social, and civic power of the internet.”

The plan aimed to close the digital divide in New York City and provide internet access to those that don’t have access or are underserved at an affordable rate.

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Ye Suspended From Twitter, FCC Issues Licenses, Streamlining ReConnect

The musician recently announced a 2024 bid for the presidency.

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Screenshot of a masked Ye during an interview Thursday with Alex Jones

December 2, 2022 – Twitter suspended the account of Ye, formerly Kanye West, after the musician on Thursday tweeted a graphic of a swastika inlaid in a Jewish star.

In recent months, Ye has repeatedly alleged that a Jewish cabal controls the media and other powerful institutions. Ye has claimed that Jews have attempted to silence, imprison, and financially ruin him. These statements have drawn widespread backlash from a wide range of political commentators and public figures.

The musician recently announced a 2024 bid for the presidency and sparked controversy by partnering with antisemitic internet personality Nick Fuentes and alt-right defender Milo Yiannopoulos.

In an appearance on conspiracy theorist Alex Jones’ show on Thursday, Ye stated, “I like Hitler.” He later added, “I love Jewish people, but I also love Nazis.” Ye elected to wear a mask throughout the appearance.

“I tried my best,” Twitter’s new owner Elon Musk tweeted in response to a Twitter user. “Despite that, [Ye] again violated our rule against incitement to violence. Account will be suspended.”

Musk bought Twitter promising to institute more-permissive content moderation policies. However, despite the worries of Musk’s detractors and some of Musk’s own public statements, Ye’s suspension suggests Twitter will maintain at least basic guardrails against egregious content.

In October, before Musk’s takeover, Twitter restricted Ye’s account following a tweet in which he stated he would “go death con [sic] 3 on JEWISH PEOPLE.” He told Jones he sent the tweet under the influence of alcohol.

That same month, right-wing social-media platform Parler announced Ye planned to purchase the company. On Thursday, Parler announced that Ye and the company had “mutually agreed” to cancel the deal.

FCC grants spectrum licenses in 2.5 GHz band

The Federal Communications Commission granted 51 long-form applications and issued 650 spectrum licenses in the 2.5 GigaHertz (GHz), the agency announced Thursday.

“This is important spectrum, especially for rural America. I am grateful to our team for moving forward quickly but carefully in processing these applications,” said FCC Chairwoman Jessica Rosenworcel. “We continue to focus on ensuring that mid-band spectrum is available for 5G and other next-generation wireless services.”

The FCC announced the winners of 2.5 GHz auction in September. The auction raised almost $420 million in net bids, the commission said.

Spectrum allocation has been of late a major issue for the FCC. In October, the agency approved a measuring seeking comment on the 12.7–13.25 GHz band, and Commissioner Brendan Carr the next month urged his colleagues to increase the rate of authorizations.

Over the summer, the commission released an updated memorandum of understanding with the National Telecommunications and Information Administration, the overseer of federally used spectrum. Many experts have called on federal agencies to relinquish unused spectrum for use in the private sector, which, they say, would drive the expansion of next-generation technologies such as 5G.

Senators introduce bill to “streamline” USDA’s broadband programs

On behalf of a bipartisan coalition, Sen. John Thune, R-S.D., on Tuesday introduced a bill that would merge the Agriculture Department’s ReConnect program with the agency’s other broadband funding initiatives.

The coalition, including Sens. Ben Ray Lujan D-N.M., Amy Klobuchar, D-Minn., and Deb Fischer, R-Neb., argue the Rural Internet Improvement Act would facilitate the efficient dispatch of funding to rural areas. The bill would also limit the disbursal of ReConnect funds to areas in which at least 90 percent of households lack broadband service.

“High-speed, reliable broadband is critical for New Mexico families and businesses, but the digital divide leaves far too many rural and Tribal communities behind,” Lujan said. “I’m proud to introduce this bipartisan legislation to make USDA programs more efficient and ensure that unserved communities receive the investments they need.” 

Multiple trade groups voice support for the bill.

“Sen. Thune has long been a leader in promoting and sustaining better access to broadband in rural areas, and NTCA appreciates his continued interest and leadership in examining ways to improve the workings of USDA’s ReConnect loan and grant program,” said Shirley Bloomfield, CEO of NTCA – The Rural Broadband Association.

“These are solid improvements to the current program that should be adopted as part of next year’s farm bill,” said NCTA – The Internet and Television Association, in a statement. “Deploying robust, affordable high-speed broadband to all Americans is a key priority for cable providers, so we look forward to working with members on passage of this legislation.”

Addition: The first story above has been updated with news about the cancellation of the Parler purchase by Ye.

Correction: A previous version of the third story above incorrectly stated that Shirley Bloomfield was CEO of NCTA. She is, in fact, the CEO of NTCA.  

 

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FCC December Agenda, Biden to Visit TSMC plant, Weak Economy Presents Cyber Problem

The December meeting includes digital discrimination prevention, phone service accessibility, and satellite application processes.

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Photo of Taiwan Economy Minister Wang Mei-Hua, via Wikimedia Commons

December 1, 2022 – The Federal Communications Commission announced the agenda for the agency’s open meeting on December 21.

The agenda will include digital discrimination prevention, phone service accessibility, and satellite application processes.

The FCC will consider, by vote, whether to have a public comment period on making changes in the satellite and earth station application process, possible requirement of wireless carriers to implement location-based routing on their networks to improve 9-1-1 calls and emergency response times, and next steps to close the digital divide in alignment with the Infrastructure, Investment and Jobs Act.

Biden to visit TSMC plant in Arizona next week

The White House announced President Joe Biden will visit on December 6 Taiwan Semiconductor Manufacturing Company’s $12 billion semiconductor plant in Phoenix, Arizona, according to Reuters.

TSMC began construction of the plant in mid-2021 and is expecting it to be operational in 2023, according to AZCentral. TSMC is the world’s largest independent manufacturer of microprocessors valued at over $400 billion.

The purpose of Biden’s visit is to promote the domestic manufacturing of semiconductors, a key component in many technologies and a major component of the Chips and Science Act passed this summer. That law provides an incentive of $52 billion to get domestic manufacturing of the chips in the U.S.

Taiwan Economy Minister Wang Mei-Hua told reporters in Taipei that she thinks “…we [TSMC] will form a good supply relationship with the United States,” according to Reuters.

TSMC’s Chair Mark Liu had previously told CNN in August that there is a concern with the rising conflict between China’s recent “reunification” efforts with the sovereign island nation.

“Nobody can control TSMC by force,” Liu said. “If you take a military force or invasion, you will render [the] TSMC factory not operable. Because this is such a sophisticated manufacturing facility, it depends on real-time connection with the outside world, with Europe, with Japan, with U.S., from materials to chemicals to spare parts to engineering software and diagnosis.”

Norton sees economy having impact on cyber vulnerability

The weakening economy will make people more vulnerable to cyber crime in 2023, according to a new report from Norton, a brand of cybersecurity company Gen Digital.

“This year, inflation and other unfavorable macroeconomic factors are likely to make people particularly eager to find good deals and they may therefore be at greater risk than in previous years,” Kevin Roundy, Norton’s researcher and technical director, said in a release.

False government assistance programs, false e-stores and users who create deepfakes – manipulated media to appear like a person is saying or doing something – for romance scams pose a risk for users to disclose personal and financial information, Norton said.

“Taking a few proactive steps today could help you to be safer all year long,” Roundy said.

Norton recommends in a press release that users keep a balanced level of skepticism, avoid using the same password for multiple sites, and implement unphishable factors to two-step authentication, such as device-level security checks – verifying your identity on a different device.

Elsewhere, according to Norton’s cybersecurity analysis for 2023, companies that use weak two-factor authentication systems and/or are short-staffed on information technology support are more vulnerable for data breaches.

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