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Broadband's Impact

Industry Panel of Observers Argues for Federal Privacy Rules That Preempt State Laws

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WASHINGTON, July 15, 2019 – An industry-focused panel of observers of privacy issues argued that a federal approach the topic needs to preempt state-based data protection. At the Monday event hosted by CompTia, these officials went so far as to suggest that federal privacy rules would be more protective than those of states.

Because privacy legislation has an impact across all sectors of the economy, regulations need to be uniform nationwide, said Qualcomm Vice President Scott Goss on Monday.

Goss said that state-by-state laws designed to protect privacy do not provide enough clarity for both consumers and companies. In some cases, businesses may need to alter their operations if they perform interstate transactions.

State-by-state laws can also be considered “anti-privacy,” said Yael Weinman, associate general counsel of privacy at Verizon, as they often require more personal data to be effective. Moreover, she said, sale of data is difficult to regulate because it’s defined differently depending on the state.

Hanging in the background of most privacy debates is the California Consumer Privacy Act (PDF), was passed last year, but doesn’t go into effect until 2020, and only if Congress fails to pass privacy legislation.

The U.S. is the only developing economy in the world without comprehensive privacy legislation, said Goss. In some respects, CCPA follows the European Union’s General Data Protection Regulation.

The concepts that the CCPA outlines make sense, said Weinman. For instance, the right to access, the right to delete and the right to opt out of the sale of personal data. But these concepts are limited to consumer choice. CCPA also contains technical language which makes it confusing to identify compliance with these laws.

Consumers shouldn’t have to “figure out” on their own when their data is safe and when it is not, said Chris Calabrese, vice president of policy at the Center for Democracy and Technology.

An ideal comprehensive law would look to not only include consumer control but better privacy outcomes, said Goss. It would have to clearly define personal data and ensure that data protection is prioritized to people, not electronic devices.

Companies should also appoint people to take charge of privacy practice, he said, in order to mitigate the risks of technology before it ends up in the consumer’s hands.

People currently feel that they have no power in controlling their data, said Calabrese. By creating “meaningful limitations” on entities using data, consumers will have more ways to protect their information.

The GDPR is a “harmonization” of the various ways EU member states approached privacy issues, said Goss. The U.S. needs to look at other countries as an example to better understand the idea of a comprehensive privacy law.

(Photo by Masha Abarinova.)

Broadband's Impact

FCC Inspector General Suspects Providers of Improperly Taking Subsidies

The agency’s Office of the Inspector General said providers were still paid for un-enrolled subscribers.

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Photo of the FCC's headquarters at 45 L Street NE from the Smith Group.

WASHINGTON, October 2, 2023 – Dozens of mobile broadband providers are likely not complying with federal subsidy rules, the Federal Communications Commission inspector general said in a report on Friday.

The Affordable Connectivity Program provides about 20 million low-income households a $30 monthly internet discount. That money is paid by the government to providers giving those households broadband service.

When customers receiving ACP discounts stop using a provider’s broadband service, the provider is required to report that to the FCC so money is only disbursed for active users. Typically, anywhere from a third to one half of an ACP provider’s subscribers will be de-enrolled each month, according to the report from the Office of the Inspector General.

But the OIG said that it found “dozens” of providers report few, if any, of these lost customers, making it likely the providers are taking government subsidies for broadband service they are not providing. It did not name the providers.

“We strongly suspect [the unnamed providers] are not complying with program usage and related de-enrollment rules,” the OIG wrote.

One company repaid the commission almost $50 million after being approached by the OIG. That’s one third of all ACP subsidies the provider received from June 2021 to July 2022.

The OIG released data from five of the suspect providers showing they failed to de-enroll more than three percent of their monthly subscribers, making them and similar providers outliers among ACP providers. One provider had over 1 million subscribers.

The office said in its report that it has gathered additional evidence of the same providers taking ACP money for subscribers who are not using their service. Those investigations are ongoing.

In 2021, the OIG found similar abuses in the Emergency Broadband Benefit program, a predecessor to the ACP. The office again found dozens of providers reporting more households with dependent children than existed in several school districts.

In response to the report, the FCC released a public notice directing the Universal Service Administrative Company, the arm of the agency responsible for administering the ACP and other broadband subsidy programs, to strengthen its monitoring around de-enrollment and other requirements.

The ACP, a $14 billion fund set aside by the Infrastructure, Investment and Jobs Act, is set to dry up in April 2024. There have been repeated calls for Congress to renew the program.

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Broadband's Impact

Mississippi Nonprofit is Looking to Fill Gaps in Affordable Connectivity

The nonprofit Connect and Literacy Fund is planning to increase ACP adoption in Mississippi.

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Screenshot of the event on Wednesday.

WASHINGTON, September 28, 2023 – A Mississippi nonprofit is setting up a fund to support connectivity and digital literacy in the state.

The Mississippi Broadband Association is looking to raise $10 million to start the fund, which MSBA Executive Director Quinn Jordan said is intended to ensure newly built broadband infrastructure stays affordable in the state.

“We can build these networks,” he said, speaking at a Fiber Broadband Association webinar on Wednesday, “But if we don’t get people connected, if they don’t have the literacy or capability to do so, what have we really done?”

The initiative, called the Connect and Literacy Fund, is planning to increase ACP adoption in Mississippi. Over 18 percent of the state lives below the poverty line, making them eligible for the $30 monthly internet discount, but less than half that number participate. The MSBA is planning to make ACP sign-up part of the registration process to participate in the fund’s programming.

That programming will focus on teaching people how to use internet services like telehealth and streaming and provide large discounts for tables and PCs. The ACP provides a $100 device subsidy, but this is rarely enough for low-income households to make a purchase, Jordan said.

Difficulty accessing affordable devices is contributing to the digital divide in Mississippi, according to Jordan. He pointed to the fact that over 40% of Mississippians do not have access to a tablet or computer.

“That is a huge number. And it’s a barrier to entry,” Jordan said. “The Connect and Literacy Fund is hopefully going to address that.”

Jordan said the $2.75 billion Digital Equity program, part of the Biden Administration’s Infrastructure, Investment and Jobs Act, will be beneficial, but MSBA’s Connect and Literacy Fund will have a role to play in ensuring the state builds on the gains it makes with the federal funds.

“That money is going to run out,” he said. “What we’re doing is ongoing.”

The ACP might also be short-lived. The $14 billion allocation from the Infrastructure Act is set to dry up in April of next year.

MSBA has spent the last two months developing its programing and is looking to start coordinating events with local anchor institutions in the coming months, Jordan said. 

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Broadband's Impact

Tech Trade Group Report Argues for USF Funding from Broadband Companies

Consulting firm Brattle Group said in a report the move would be economically sound.

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Screenshot of Chip Pickering, INCOMPAS CEO

WASHINGTON, September 19, 2023 – Tech company trade group INCOMPAS and consulting firm Brattle Group released on Tuesday a report arguing for adding broadband providers as contributors to the Universal Service Fund.

The USF spends roughly $8 billion each year to support four programs that provide internet subsidies to low-income households, health care providers, schools, and libraries. The money comes from a tax on voice service providers, causing lawmakers to look for alternative sources of funding as more Americans switch from phone lines to broadband services.

The Federal Communications Commission administers the fund through the Universal Service Administration Company, but has left it to Congress to make changes to the contribution pool.

The report argues that broadband providers should be one of those sources. It cites the fact that USF funds are largely used for broadband rather than voice services and that broadband adoption is increasing as phone line use decreases.

“The USF contribution base needs to change to account for the fact that connectivity implies not just voice telephone services, but predominantly broadband internet access,” the report says.

It also rebuts arguments for adding tech companies like INCOMPAS members Google and Amazon to the contribution pool, saying they represent a less stable source of income for the program and that added fees for services like streaming could affect . 

The report is the latest salvo in an ongoing dispute between tech companies and broadband providers over who should support the USF in the future, with broadband companies arguing big tech should be tapped for funding as they run businesses on the networks supported by the fund.

Sens. Ben Lujan, D-N.M., and John Thune, R-S.D. established in May a senate working group to explore potential reforms to the program. The group heard comments in August  from associations of tech and broadband companies, each outlining arguments for including the other industry in the USF contribution base.

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