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Broadband Roundup

State Initiatives Boost Broadband and Fiber Availability, Implications of O’Reilly Departure, Massachusetts Hotspot Program

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Photo of Roberto Gallardo at TEDxJackson 2015 by Tate Nations courtesy MWB

Brian Whitacre, an agricultural economics professor at Oklahoma State University, and Roberto Gallardo, director of the Purdue Center for Regional Development, recently published a report entitled, “State broadband policy: Impacts on availability.”

In the report, the researchers assess the impacts of various state broadband policies on the overall availability of broadband in the United States, using a county-level dataset from 2012 to 2018.

The primary policies of interest considered in the report are those related to the availability of state-level funding, the existence of a state-lead broadband offices with full-time employees, and restrictions on municipal or cooperative broadband provisions.

Their findings make a strong argument that state broadband policies are having a measurable impact on broadband diffusion across the United States, including in rural areas.

The report finds a positive impact of state-level funding programs on both general and fiber broadband availability. Further, findings are similar when the analysis is restricted to the rural portions of counties.

The results suggest that state-level policies have gotten more popular over time, and that they matter for increasing broadband availability.

An O’Reilly departure and Trump Administration victory is likely to slow FCC action on Section 230

There is reason to believe the departure of Federal Communications Commissioner Mike O’Reilly from the FCC, likely to take place in January, paired with the reelection of President Donald Trump, will cause delays in FCC action on rules regarding Section 230 of the Communications Decency Act.

Unless another Republican is approved by January, the FCC will be evenly split between Republicans and Democrats.

Trump had the ability to encourage O’Rielly to support a rulemaking, but it “seems like that leverage is gone now that the president” withdrew the renomination, said Carl Szabo, vice president of NetChoice, calling it a surprising and disappointing move.

Questions remain on whether the White House intended Trump’s executive order on Section 230 as a serious proposal to the FCC, or as a signal to the Trump base.

Massachusetts Broadband Institute extends wireless hotspot program in unserved Massachusetts towns

A program announced in April, by the Massachusetts Broadband Institute and KCST USA, the operator of the Commonwealth-owned MassBroadband 123 fiber optic backbone, recently launched public hotspots in 26 communities that previously lacked high speed internet connectivity.

The hotspots provide 250 Mbps upload and download streams, free of any charge to residents or municipalities.

The sites were connected with the active support of several regional internet service providers, including AccessPlus, Crocker Communications, and Westfield Gas and Electric.

The service providers worked with each community to establish the hotspot at a public community anchor institution, such as town halls, libraries, and schools.

These facilities are connected to MassBroadband 123, a 1,200-mile fiber-optic network launched in 2014 with federal and state support.

Progress continues on efforts within the state to extend high-speed connectivity in unserved communities. Of 53 communities in the program, 21 now have completed projects, delivering broadband access to an estimated 18,000 citizens.

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Broadband Roundup

Appeals Court Affirms FCC’s Spectrum Authority, FTC Privacy Rulemaking, (Root) Beer and Broadband

The Federal Communications Commission’s reallocation of intelligent transportation service spectrum was not arbitrary and capricious, the court held.

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August 12, 2022 – The D.C. Circuit Court of Appeals on Friday affirmed the the Federal Communications Commission’s authority to reclassify radio frequency spectrum and make more of the 5.9 GigaHertz band available for broadband communication.

In 2020, the Federal Communications Commission reallocated a part of the radio spectrum from use by intelligent transportation systems to use by unlicensed transmission devices such as Wi-Fi routers.

In a unanimous running by a three-judge panel, Judge Justin R. Walker wrote: “Several groups that want to retain their old use of the reallocated spectrum argue that the FCC’s reallocation was arbitrary and capricious. It was not.”

In the relatively brief 15-page decision in ITS America v. FCC, the court upheld the FCC’s manner of changing a band’s usage.

In 1999, the FCC gave the auto industry 75 MHz of spectrum exclusively for “Dedicated Short-Range Communications” for the purpose of improving public safety. After more than 20 years of waiting for the industry to deploy DSRC, in 2020 the FCC approved an Order to phase out DSRC and replace it with a new, more efficient technology called Cellular Vehicle-to-Everything.

Supporters of the FCC, including non-profit groups like Public Knowledge, argued that 30 MHz of spectrum the auto industry retained is more than sufficient for collision avoidance and safety purposes. Rather than allowing the auto industry to retain excess spectrum for commercial uses such as location-based advertising, the FCC repurposed the lower 45 MHz for unlicensed use which will enable next-generation Wi-FI.

“By reaffirming the FCC’s decision, the D.C. Circuit will ensure that our airwaves are being put to their best and most efficient use,” said Kathleen Burke, policy counsel at Public Knowledge.

FTC opens process to consider new privacy rules

The Federal Trade Commission on Thursday announced proposals to go after businesses that collect and analyze personal-based information, and that don’t deploy the strong forms of data security.

“Firms now collect personal data on individuals at a massive scale and in a stunning array of contexts,” said FTC Chair Lina Khan. “The growing digitization of our economy—coupled with business models that can incentivize endless hoovering up of sensitive user data and a vast expansion of how this data is used—means that potentially unlawful practices may be prevalent.”

The agency’s press release went on to blast companies that “surveil consumers while they are connected to the internet – every aspect of their online activity, their family and friend networks, browsing and purchase histories, location and physical movements, and a wide range of other personal details.”

On July 20, the Senate Commerce Committee passed comprehensive privacy legislation a restricting collection and transfer of personal data of U.S. citizens without consent.

The measure has not yet passed the House, where Energy and Commerce Committee Chairman Frank Pallone, D-N.J., said in Thursday response: “I appreciate the FTC’s effort to use the tools it has to protect consumers, but Congress has a responsibility to pass comprehensive federal privacy legislation to better equip the agency, and others, to protect consumers to the greatest extent.

“Ultimately, the American Data Privacy and Protection Act is necessary to establish comprehensive national statutory privacy protections for all Americans and I’m committed to getting it passed and signed into law.”

(Root) Beer and Broadband episode features Broadband Breakfast’s Drew Clark

Bonfire Engineering and Construction on Thursday released a new episode of its “Beer and Broadband” podcast.

Featuring Drew Clark, editor and publisher of Broadband Breakfast, Russ Elliott, CEO of Siskiyou Telephone, and Megan Beresford of LDAGrants, the episode focused on “How Data & Policy Impacts Broadband Expansion.”

Nick Dinsmoor and Brian Hollister of Bonfire, hosts of the informal program, structured the roundtable series as a way to bring together leaders in the broadband and infrastructure space to share their thoughts without egos, agendas, or selling.

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Broadband Roundup

Grid Broadband Bill, Ting Gets Financing, Finley Engineering Has New CEO

A new bill would provide grants to providers who can quickly build middle-mile infrastructure along existing electrical grid system.

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Photo of Maria Cantwell, D-Wash., via Flickr

August 10, 2022 – A bill introduced in the Senate last week would make grants available to those who can build middle mile fiber infrastructure along existing municipal rights-of-way and use existing assets to reduce the financial, regulatory and permitting barriers to broadband buildouts.

The Grants to Rapidly Invest and Deploy Broadband Act is intended to use existing electrical infrastructure to quickly expand broadband infrastructure to the 120 million American households that don’t have adequate connectivity, according to a Wednesday press release from Senate Commerce Committee Chairwoman Maria Cantwell, D-Wash., who co-introduced the bill with Sen. Shelley Moore Capito, R-W.Va.

The legislation specifically notes that it would like to fund those that have existing partnerships with last-mile providers to connect homes and business and ensure that the technology is scalable for more advanced services, including accelerating 5G wireless infrastructure and making affordable gigabit broadband speeds.

The bill would also require that the network would support the security of the electric grid by installing a private communications network for grid operators.

“Building out fiber along our nation’s existing grid will provide the communications capacity needed to modernize our energy system, make our grid more cybersecure, and bring affordable high-speed internet to tens of millions of hard-to-reach households,” Cantwell said in the release. “It’s a triple win solution for consumers because it leverages existing rights-of-way and private sector ingenuity and investment to deliver cleaner electricity, stronger cybersecurity, and more accessible broadband services.”

Ting Fiber gets $200M financing

Telecommunications company Ting Fiber announced Tuesday that it has secured $200 million in financing from Generate Capital, which the company said will help it deploy next-generation communications infrastructure to municipalities across the country.

“We chose Generate because we wanted more than just a financing partner. We wanted their project management expertise, sustainability expertise and the wide range of capital solutions they offer – all of which will help Ting as we continue to rapidly scale our operations,” said Elliot Noss, CEO of Ting and its parent Tucows.

The financing will be used to accelerate Ting’s network deployment and to take advantage of its move from coaxial to fiber technology.

Some of the financing, which was signed on Monday, will be forwarded as Ting achieved operational milestones, it said.

Finley Engineering announces new CEO

The board of directors of broadband and energy engineering and consulting firm Finley Engineering announced Wednesday that Ty Middleton will be the company’s next president and CEO.

Middleton will replace Mike Boehne, who is retiring after being in the job for 10 years, according to the press release.

The release notes that Middleton has experience in the cybersecurity, software-as-a-service, and telecommunications sectors, the latter of which he has 30 years experience.

“He joins Finley with extensive experience in cross-functional leadership roles including general management, field and business operations, sales, and business development,” the release said.

“Middleton has led high-growth, customer-centric, technology-fueled businesses from start-ups to Fortune 150, including time at MCI Telecommunications, Qwest Communications, and CenturyLink,” it added.

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Broadband Roundup

FTC Phillips Stepping Down, Chips Act Now Law, Alaskan Entities Getting $50M in Broadband Grants

Phillips told Politico that he is leaving the competition watchdog this fall.

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Screenshot of President Joe Biden before signing the Chips and Science Act into law on Tuesday

August 9, 2022 – Federal Trade Commissioner Noah Phillips is stepping down from the competition watchdog, according to reporting from Politico.

The Republican commissioner – one of two on an agency with three Democrats – said he told President Joe Biden that he intends to resign this fall, according to the report.

Phillips has been critical of the direction the agency has taken under chairwoman and Big Tech critic Lina Khan, who was appointed by the president to lead the agency.

Phillips has expressed concern about the impact of antitrust rules on consumer prices, criticized the release of a report by the FTC that warned about the dangers of artificial intelligence to combat online harms, alleging that the commission did not consult outside experts, and broadly warned last year about the overall direction of the agency to turn away from the traditional way it viewed competition.

Others outside the agency have also expressed concern that the commission’s tilt, plus pieces of antitrust legislation before Congress, could harm the country’s global competitiveness in the tech industry.

Chips Act signed into law

President Joe Biden on Tuesday signed into law legislation that would provide billions in incentives for the nation to invest in its own semiconductor manufacturing.

In comments delivered before the signing, Biden said the goal of the “once in a generation investment” is to help the country “lead the world in future industries and protect our national security.”

The Chips and Science Act of 2022, which passed the House late last month, is a broad bill with a specific provision that includes $52 billion to incentive domestic manufacturing of chips that power a range of technologies, including phones, watches, cars and laptops, as well as grants for the design and deployment of 5G networks.

Nations during the pandemic have struggled with getting a steady supply of the chips for products, thus contributing to a supply shortage on many important technologies. This triggered increasing concern about the country’s reliance on others for basic technologies.

Currently only 12 percent of global chips are made in the U.S., which is down from 37 percent in the 1990s, according to Senator Michael Bennett, D-CO.

Alaska getting $50 million in broadband grants

Two native entities in Alaska are getting $51 million for high-speed internet, the National Telecommunications and Information Administration announced Monday.

The grants from the Commerce agency’s Internet for All program will go to Doyon Limited and Ahtna Intertribal Resource Commission to provide connectivity to 581 unserved households across villages in the Doyon region and in eight tribal governments in the Ahtna region for “activities including telehealth, distance learning, telework, and workforce development.”

“The digital divide on our tribal lands, especially in remote Alaska, is stark,” said Commerce Secretary Gina Raimondo in a press release. “The necessary investment through the Biden-Harris Internet for All initiative provides real change to these communities to participate in the digital economy, whether it’s education, health or jobs.”

The release said NTIA head Alan Davidson is visiting Alaska this week and said it is “humbling to see first-hand how these grants will positively impact the daily lives of Alaskan Natives who have been disconnected for far too long.”

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