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Advocates for Cities Say They Are More in Touch with the Privacy Views of Americans Than the Federal Government

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Photo courtesy Skip Scooters

WASHINGTON, January 30, 2020 – Even though broadband is often considered a part of interstate commerce, city leaders need to take gaps in the law into their own hands by legislating on broadband topics, said panelists at a session on cities and states at the State of the Net conference on Tuesday.

Policies on issues like micromobility and scooters obviously need to be handled at the local level, said Tech:NYC Executive Director Julie Samuels.

Brooks Rainwater, director of the Center for City Solutions, said cities have even addressed facial recognition policy, a sphere that he said the federal government should have already legislated on. Rainwater expressed frustration with national efforts that preempt the activities of states and cities.

At the same time, Electronic Frontier Foundation Senior Legislative Counsel Ernesto Falcón injected his “frustration” against congressional inaction. Cities have passed their own ordinances as a natural reaction to the issues that broader government has failed to address, he said.

Falcón said 90 percent of Americans think they have “no control” over what happens to their data on the internet, and because of this, cities are the level at which consumers feel that their needs are most heard. “Federal conversations aren’t really tied to what the daily person worries about,” said Samuels.

Rick Cimerman, vice president of state affairs of the cable association NCTA, pushed back against the assertions that cities are the right place to decide broadband policy.

Cities should not be “messing” with federal “electrons that are flowing through the air,” he said, claiming that city measures on privacy are “a step too far.”

He qualified his response by ceding that scooters are a good example of activities for which cities should be responsible. He found recent privacy legislation passed by the state of Washington’s House of Representatives agreeable, although he disagreed with edits made to that measure in the Washington State Senate.

Rainwater insisted that cities should “establish a floor” and not necessarily a ceiling when it comes to internet privacy law.

He also challenged Cimmerman’s views on net neutrality by referencing Verizon’s action in throttled California firefighters’ data communications in the midst of a wildfire. Cimmerman said Verizon’s actions were not an example of broadband throttling, but rather a misunderstanding of contract.

Funding

National Telecommunications and Information Administration on Minority Community Grant Applications

The more detail, the better, NTIA officials said of program.

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Scott Woods, senior broadband program specialist and team lead for NTIA's Connecting Minority Communities, speaking at Broadband Communities in Houston

WASHINGTON, October 24, 2021–Lack of eligibility or proper planning or documentation errors are frequent grounds for disqualification of applicants for the United States’ Commerce Department’s Connecting Minority Communities Pilot Program, agency officials said Wednesday and Thursday.

Speaking at webinars for individuals considering applying for the grants – which are being made by the National Telecommunications and Information Association of the Commerce Department – officials shared the most commons mistakes made by applicants when applying for the grants.

Among the officials speaking during the two presentations were Scott Woods, senior broadband program specialist and team lead for the Connecting Minority Communities program, Management and Program Analyst Pandora Beasley-Timpson, Broadband Program Specialist Janice Wilkins, Telecommunications Policy Analyst Francine Alkisswani, and Broadband Program Specialists Cameron Lewis and Kevin Hughes.

Among the biggest mistakes is eligibility. “Only historically black colleges and universities, tribal colleges and universities, or minority serving institutions can apply,” said NTIA’s Michelle Morton.

Making a Successful Application

Morton and other leaders of the program also shared traits of a successful grant application.

“Good applicants provide a business and execution plan,” they said. “[Applicants] should demonstrate there is a core staff that is dedicated to the proposed project and knowledgeable about the process, as well as an editor, preferably one not connected to the project, to encourage non-biased review of the grant to see how it reads.”

Project Implementation and Evaluation

When describing their project implementation and planning process, applicants should have a clear project narrative that “identifies specific tasks, measurable milestones, and performance outcomes resulting from the proposed project activity,” the officials said.

Importantly, the NTIA stressed that all applicants must comply with Commerce Department regulations for the protection of human subjects during all research conducted or supported with grant funds.

This is important because the NTIA is required to determine whether or not a project’s evaluation plan “meets the definition of human subject research.” Thus, no work can be taken for research involving human subject until a federal grants officer approves of the research.

Consortiums

NTIA leaders also addressed questions about consortium-based applicants. “The lead application is the entity entering into the grant agreement with the NTIA and assumes primary operational and financial responsibility for the project.”

A consortium allows Historically Black Colleges and Universities, Tribal Colleges and Universities and minority-serving institutions to partner with local governments on their application. Each consortium partner must provide a letter of a commitment to the project, including the detailed role of each member of the project and the specific commitment of each member of the project.

Finances and Budgeting

Applicants are also required to include financial documentation that details how the funds will be used and how the funding plans to meet the projects’ intended goals.

Additionally, applicants’ budget narrative should serve to explain how the costs were estimated and justify how the budget items are necessary to implement project goals and objectives and accomplished applicant’s proposed outcomes.

“We encourage out of the box thinking with regard to applicants putting together their projects,” said Hughes.

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Satellite

LEO Satellite Technology Should Be in All Schools, Gigabit Libraries Network Says

Satellites, at the very least, can act as backup connections, webinar heard.

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Don Means from the Gigabit Libraries Network

October 21, 2021 – Low earth orbit satellites, which are expected to help connect a portion of people who live in remote regions of the country, should be available to all libraries – even if it’s just for redundancy, the director of Gigabit Libraries Network said Thursday.

Don Means, the director of the organization that has a deal with SpaceX’s Starlink beta service to connect a “handful” of libraries, said the technology can be used as backup in the event of a disaster.

“We think this should be in every library, even if it’s a place that has a connection – this would be very valuable as a backup because consider any kind of lights out scenario in a community,” Means said. “With this system, it bypasses the local infrastructure, and if you have a power source and you have a [satellite] dish, you’re connected.”

Earlier this month, Means said libraries will need various ways to stay connected and provide access to public Wi-Fi. While the “cheapest, most equitable, most economical way to connect every community with next generation broadband is to run fiber to all of the 17,000 libraries,” Means said previously, other solutions will need to be considered where geography doesn’t allow for a direct fiber connection.

The LEO constellation is unique compared to other kinds of satellites because it hovers closer to earth, theoretically meaning it provides better connectivity and lower latency, or the time it takes for the devices to communicate with the network.

The House is waiting to vote on an infrastructure bill that will pour billions into broadband. People have debated what kinds of technology the money should go toward, with some arguing for hard wiring and others saying wireless technologies have a space at the table.

Despite having a deal with Starlink, Means said he encourages LEO satellite technology in general and not just Starlink in particular.

“We’re not advocates or agents for Starlink,” Means said, “it’s just they’re the first ones out there with this technology. There are others coming…this is a new thing, a burgeoning thing.”

Starlink said this summer it had shipped 100,000 terminals to customers.

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FCC

Housing, Public Interest Groups Oppose Multitenant Exclusivity Agreements

The FCC is looking at how to promote broadband competition and access in buildings.

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Photo of Jenna Leventoff from Internet Law & Policy Foundry

WASHINGTON, October 21, 2021 – Opponents of exclusivity arrangements that give tenants of multitenant buildings less choice of internet service provider are urging the Federal Communications Commission to eliminate all manifestations of these contracts that they say harms competition and locks landlords into burdensome long-term contracts.

While the FCC has previously banned exclusive access agreements that granted a single provider sole access to a building, it did not do so for exclusive wiring, marketing and revenue sharing arrangements. That means third party service providers cannot share the building wires with the telecom with that privilege and cannot market their services to the building’s residents.

The FCC launched a comment period in September to field arguments about what to do with these holdout issues that gave priority to ISPs. In an early submission, the internet and television association NCTA said the commission should deny all broadband providers exclusive access to these buildings, but not exclusive wiring agreements.

Internet and competitive networks association INCOMPAS said in its submission that the competitive environment has continued to suffer due to these exclusive deals and, in the case of retail shopping centers, their deals have been extended over the “last several years.”

It is asking for a complete ban on the wiring, marketing and revenue sharing arrangements, which they say “make it tougher for new entrants to effectively compete in MTEs.

“Competitive providers are still asked to participate in revenue sharing arrangements or are routinely denied access to MTEs because of exclusive wiring or marketing agreements,” INCOMPAS said, adding consumers and businesses “lose out on the faster speeds, lower pricing, and better customer service that competitors offer.”

Public Knowledge similarly said there is a lack of competition emerging from these practices that is increasing prices and restricting choice for tenants.

“Although the FCC has banned explicit exclusive agreements in multi-tenant environments (MTEs) such as apartment, condos, and office buildings, landlords and internet service providers have exploited loopholes to nevertheless create de facto monopolies in buildings,” said Jenna Leventoff, senior policy counsel at Public Knowledge.

The group is asking for a ban on “all types” of these arrangements that “negatively impact consumer choice, ensuring all ISPs have access to a building’s wiring regardless of the owner, creating a ‘rocket docket’ to quickly adjudicate supposed violations, and creating a single regulatory regime for both commercial and residential MTEs.”

In a joint submission on Wednesday, Consolidated Communications Holdings and Ziply Fiber said they “often confront such anti-competitive agreements,” with revenue sharing and marketing arrangements being the most “prevalent and troublesome.

“In practice, these agreements frequently work together as a complete bar to competing providers, giving the incumbent broadband provider a de facto exclusive service agreement with respect to an MTE,” the submission said, alleging MTE owners will “explicitly cite their lucrative revenue sharing agreements with an existing provider as their reason for not allowing our companies to access their buildings” and so to not to lose out on that compensation.

Harm on building owners

For the Stewards of Affordable Housing for the Future, exclusive wiring arrangements have not only limited choice for residents, but it has allegedly locked housing providers into “long-term onerous contracts that prohibit them from pursuing connectivity solutions, such as owner-provided broadband, at their properties.”

Members of the affordable housing group are recommending the FCC impose “reasonable standards” on such agreements, which require ISPs to offer low-cost programs or owner provided broadband at a competitive cost and give landlords an option to exit or renegotiate a contract after a certain time.

The FCC’s look into the issue comes after a bill, introduced on July 30 by Rep. Yvette Clarke, D-New York, outlined plans to address exclusivity agreements between residential units and service providers, which sees providers lock out other carriers from buildings and leaving residents with only one option for internet.

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