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Broadband Report Cards, Washington Muni Networks Bill, Supreme Court Fair Use Winners

AP releases infrastructure report cards, Washington passes bill removing muni networks limits, AEI says fair use case win for programmers.

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Photo of Drew Hansen, D-Washington

April 14, 2021— The Associated Press has released documents compiling report cards outlining infrastructure weaknesses in each state, including the state of broadband.

Mississippi is trailing behind the rest of the country in broadband coverage, the documents show, with 23 percent of Mississippians lacking a broadband subscription, compared to 6 percent nationally. Mississippi received a “D+” overall on it “infrastructure report card.”

Mississippi’s broadband coverage was only narrowly beaten by New Mexico and Arkansas with 21 and 20 percent of their populations lacking coverage, respectively.

The only region that performed worse than Mississippi in broadband coverage was Puerto Rico, where 40 percent of the population does not have access to a broadband subscription.

On the other end, Washington is leading the way in broadband coverage, with just 8.8 percent of Washingtonians lacking access to broadband services. Despite its leadership in this regard, Washington still only earned a “C” on its report card.

Washington was closely followed by Colorado and Utah, which both have populations without broadband under ten percent, at 9 percent and 9.2 percent, respectively.

Improving these numbers is part of the Biden Administration’s effort to ensure that every American has access to high-speed broadband.

Municipal networks triumph as Washington legislature rolls back regulations

Washington’s legislature voted Sunday to undo what Democratic Rep. Drew Hansen called “decades of bad policy” by passing a bill that allows municipalities to build their own broadband networks.

HB 1336, which was passed the state’s senate mostly along party lines, had Republican Brad Hawkins side with the Democrats to pass the bill.

According to Hansen, Washington was one of only 18 states that had laws preventing the state from providing broadband to its citizens.

Momentum for municipal broadband has been picking up in the state during the pandemic, where it has become clear that telework, telehealth and distance learning could no longer be approached as luxuries and need to be viewed as services that are integral to modern society.

“The pandemic has made it unmistakably clear,” Hansen said, “that is long past time to lift those restrictions and allow government to offer broadband directly to the public.”

Supreme Court fair use decision victory for programmers

In the wake of the Supreme Court’s 6-2 decision for Google, Michael Rosen of the American Enterprise Institute predicts the ruling as a victory for programmers.

Google’s argument that it satisfied fair use law because its use of some 12,000 lines of code from Oracle, which it said was used to craft a “new and transformative program” was accepted by the highest court in the land earlier this month. Fair use rules allow limited use of copyright material without permission for purposes including research and scholarship.

In a piece published by AEI Tuesday, Rosen said the conclusion to this decade-long struggle would make it easier for software developers to copy code during the creation of new products—something that Google argued is already common practice in the industry.

Rosen also pointed to the Computer and Communications Industry Association’s comment on the matter, which seemed to echo Google’s; both the CCIA and Google stated that, chiefly, this was a victory for consumers and interoperability at large.

All this considered, Rosen still tempered expectations, stating that the ruling was “unlikely to mark a fundamental change in how we conceive of computer code copyright issues.”

As a child of American parents working abroad, Reporter Ben Kahn was raised as a third culture kid, growing up in five different countries, including the U.S.. He is a recent graduate of the University of Baltimore, where he majored in Policy, Politics, and International Affairs. He enjoys learning about foreign languages and cultures and can now speak poorly in more than one language.

Broadband Roundup

Date Set for Sohn Hearing, Criticism of Tech Legislation, New ILSR Leadership

Sohn and Biden NTIA nominee Alan Davidson will undergo confirmation hearings next Wednesday.

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FCC commissioner nominee Gigi Sohn

November 24, 2021 – The Senate Commerce Committee will hold a confirmation hearing for President Joe Biden’s nominee for commissioner of the Federal Communications Commission, Gigi Sohn, during a session next Wednesday.

Sohn, a former senior aide to President Barack Obama’s FCC chairman Tom Wheeler, will have her nomination considered along with Alan Davidson, Biden’s nominee to head the National Telecommunications and Information Administration. That same day, the Commerce Committee also plans to vote on the nomination of Chairwoman Jessica Rosenworcel to another term at the FCC.

Sohn’s nomination has already faced Republican criticism over her liberal policy positions.

Through nine months of the Biden presidency, the FCC has not been able to address key issues due to the vacancy on the commission resulting in a 2-2 split between Democrats and Republicans. Sohn’s confirmation would make for a full slate that prevents tied votes of the commission.

Going forward, net neutrality policy would be a key focus of the FCC, as Rosenworcel told senators during her confirmation hearing that she backed net neutrality rules yet did not offer many details on how she would rollback such rules by President Donald Trump’s administration.

Congress’ regulatory proposals would create even larger tech monopolies than already exist: Opinion

American Enterprise Institute published a blog post Wednesday by nonresident senior fellow Mark Jamison critiquing as unproductive recent government proposals to regulate competition among tech companies.

Jamison states that “dynamic” competition already exists between the companies often cited as the giants of the tech industry and smaller companies, and that proposed government policy could decrease industry competition from its current levels.

In his blog post, Jamison says that the Ending Platform Monopolies Act from Rep. Pramila Jayapal, D-Washington, would force Amazon to stop selling its own products, leading it to lose uniqueness and become almost identical to eBay in a digital market that cannot support two identical services. Jamison contends that should one site go under, small businesses would be left with less competitive options than before the introduction of the bill.

Further, Jamison holds that should Amazon comply with the bill and cease operations with small businesses, market statistics show that eBay would face even less competition as a platform for small businesses than Amazon does now.

Jamison said he believes that the Open App Markets Act – brought forth by Sens. Richard Blumenthal, D-Connecticut, Marsha Blackburn, R-Tennessee, and Amy Klobuchar, D-Minnesota – would make iPhones less secure by requiring that app stores other than Apple’s be permitted on phones. He says this would decrease users’ willingness to try new apps and diminish competition between Apple and Alphabet (Google) for app developers by removing developer options.

New ILSR community broadband outreach team lead

The Community Broadband Networks Initiative at the Institute for Local Self-Reliance announced Tuesday that DeAnne Cuellar will serve as Community Broadband Outreach team lead.

Cuellar, a communications strategist, served as San Antonio Mayor Ron Nirenberg’s digital inclusion appointee to the city’s Innovation and Technology Committee. In her work for the city, she acted on several policy and funding priorities to close the digital divide.

Additionally, she has worked as a social impact entrepreneur, co-founding several cross-sector nonprofit initiatives to advocating for justice, equity, diversity, and inclusion in historically underrepresented communities.

The Community Broadband Networks Initiative expects that they will see an increased workload as local, state and federal governments increase their efforts to find broadband solutions and an “unprecedented” amount of funding is made available by the government for broadband infrastructure projects over the next few years.

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Broadband Roundup

TPI New Broadband Map, Justice Dept. Stands for Section 230, Ericsson Looks to Acquire Vonage

TPI released their broadband map, which tracks speeds, availability, and adoption rates across the country.

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President and Senior Fellow at the Technology Policy Institute Scott Wallsten speaking during the TPI Aspen Forum in August.

November 23, 2021 – The Technology Policy Institute announced Monday the beta release of their “TPI Broadband Map,” which tracks bandwidth speeds, the availability of broadband, and adoption rates from across the country.

The map allows users to access published data from several sources, including FCC 477 forms, Emergency Broadband Benefit data, Ookla, Microsoft, and more.

The data can also be viewed on several different levels from the state and country level, all the way down to school districts, tribal tracts, and zip codes.

Three metrics can be viewed through the map: average maximum available download and upload speeds and the percent of households with broadband access. Users can also adjust the minimum upload and download speeds to suit their definition of broadband and are able to view the regional data going back to 2016.

During the TPI Aspen Forum in August, panelists agreed that mapping would play a crucial role in ensuring that marginalized, underserved, and unserved communities would get the coverage and resources they need from infrastructure legislation.

Though the website is still in its beta stage, those interested can request temporary access to view the data online.

Justice Department defends Section 230

In a departure from the previous administration’s agenda and President Joe Biden’s own past statements, Biden’s Justice Dept. made a point to defend Section 230 in a lawsuit brought against Facebook by Donald Trump.

In May, Biden had previously revoked one of Trump’s executive orders aimed at dismantling Section 230. Though his campaign and administration used it to a greater extent than many other politicians, Trump was a longtime critic of social media, often accusing it of censoring conservative voices in American politics.

These criticisms came to a head after Trump was banned from Twitter and several other social media outlets in January of 2021.

While on the campaign trail, Biden himself called for the revocation of Section 230.

Notwithstanding Biden’s and Trump’s dissatisfaction with Section 230 of the Communications Decency Act, the Justice Department intervened to defend the section during litigation surrounding Trump’s Facebook lawsuit – one of three class action lawsuits Trump filed in July against Facebook, Twitter, and Google, along with their CEOs.

Ericsson eyes Vonage

Ericsson, one of the world’s largest manufacturers of 5G technology and hardware, is poised to purchase Vonage, a cloud communications provider, in a deal valued at approximately $6.2 billion.

“Ericsson and Vonage have a shared ambition to accelerate our long-term growth strategy,” said Vonage CEO Rory Read, ““We believe joining Ericsson is in the best interests of our shareholders and is a testament to Vonage’s leadership position in business cloud communications, our innovative product portfolio, and outstanding team.”

Ericsson said it intends to leverage Vonage’s presence in the communication platform as a service, or CPaaS, market to “democratize network access by offering [Application Programming Interface] enabled communications services.” Additionally, Ericsson stated that it expects the CPaaS market to reach $22 billion by 2025, growing 30 percent annually.

Should the deal pass successfully, Vonage will “become a wholly owned subsidiary of Ericsson and will continue to operate under its existing name.”

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Broadband Roundup

Broadband in Build Back Better, ISPs Customers Exposed to Hackers, Rural ISP Funding in Louisiana

Another $1 billion in broadband expansion funds could be available in the Build Back Better Act, which passed the House on Friday.

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President Joe Biden

November 22, 2021 — A total of about $1 billion could be made available for broadband under the Build Back Better Act.

Approved by the House on Friday, the $1.7 trillion legislation heads to the Senate for revision this week.

Out of the $1 billion allocated for broadband, the majority of the funds – $475 million – would be used to fund grants for devices like laptops and tablets administered through the National Telecommunications and Information Administration, an agency of the Commerce Department. Another $300 million would provide additional funds to the Federal Communications Commission’s Emergency Connectivity Fund, which addresses distance learning needs at schools and libraries, while $100 million would fund the FCC’s outreach and education about its broadband affordability programs.

In its current form, the NTIA would also receive an additional $280 million in grants for public-private pilot projects to increase access to affordable broadband in urban communities.

Meanwhile, $12 million would be used to establish councils for further broadband expansion, including $7 million to create a Future of Telecommunications Council under the Commerce Department that would show how 6G wireless can serve low-income communities, and $5 million to create an Urban and Suburban Broadband Advisory Committee.

The final broadband provisions of the bill may be revised or removed once Senate negotiations begin. To pass the Senate, the bill needs the support of all 50 Democratic Senators and avoid partisan disruption.

Millions of broadband users exposed to hackers

Millions of Sky Broadband customers were vulnerable to hackers for over a year.

A software bug affected about six million of the U.K. company’s routers that allowed hackers to infiltrate home networks, Yahoo reported Friday.

The bug, which has since been fixed, took 18 months to address. A hacker would have been able to “reconfigure a home router” by directing the user to malicious website with a phishing email. According to Pen Test Partners, the security firm that found the bug, hackers could have “taken over someone’s online life” by stealing passwords for banking, investing, and social media.

“We take the safety and security of our customers very seriously,” Sky said.” After being alerted to the risk, we began work on finding a remedy for the problem and we can confirm that a fix has been delivered to all Sky-manufactured products.”

Pen Test Partners Ken Munro said he’s baffled by Sky’s delay in fixing the bug. “While the coronavirus pandemic put many internet service providers under pressure, as people moved to working from home, taking well over a year to fix an easily exploited security flaw simply isn’t acceptable,” he said. Munro recommends that anyone with a router should change the password from the default one.

Rural ISP owner aims to provide internet to rural Louisiana

The owner of a rural Louisiana internet service provider aims to bring broadband to St. Mary county.

Chris Fisher, owner of Cajun Broadband, detailed a grant submission he will submit to the Granting Underserved Municipalities Broadband Opportunities program. The program, funded by the Louisiana Office of Broadband Development and Connectivity, oversees spending of $180 million in federal funds to supply broadband to 400,000 households in the state.

Fisher’s grant requests $800,000 to provide internet service to nearly 600 residents in St. Mary county. He says he has been the only ISP to address the county’s council on the opportunity since May.

“I didn’t realize the need for rural broadband until I started my company, which began initially because my kids couldn’t get internet,” Fisher said. Fisher estimates it will cost $10 to $15 million to connect the rural areas of the parish with internet.

A councilmember said that the plan is long overdue. “We’ve talked about this for years, and we all agree that we need to do something to increase access for all of the citizens of our parish, and not just the affluent ones. This is a do or die, once in lifetime opportunity.”

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