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FCC Asked To Include States In Mapping, Maryland’s $300M For Broadband, Energy-Saving STB Agreement

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April 6, 2021 – Senate Democrats and independents are pushing the Federal Communications Commission to include state, regional and tribal governments in its development of more accurate broadband maps, according to a letter dated April 1.

“We strongly urge you to incorporate the voices of state, local and tribal governments and provide them with an opportunity to meaningfully challenge the data filed by internet service providers (ISPs),” the April 1 letter said. The letter advocates for the FCC to consider how to design a new broadband mapping data collection system.

Mapping has been a big issue with addressing gaps in broadband roll-out, as the FCC has previously relied on faulty data submitted by internet service providers.

“Many state and local governments know exactly who do and do not have access to reliable high-speed broadband within their communities,” the letter adds. “Some states have created their maps with granular data. Their valuable insights will be integral in creating accurate data maps that accurately reflect broadband services as experienced by consumers and ensuring that federal dollars are efficiently targeted and leveraged.”

States including Georgia have been building their own maps.

Maryland Puts $300 Million in Broadband

Maryland Governor Larry Hogan announced last week a $300-million investment in broadband and digital advancements, which comes from the $3.9 billion in federal COVID-19 relief funds.

“The question is not how much it will cost to bridge the digital divide, the question is how much will it cost if we do not act right now,” state senate President Bill Ferguson said during a press conference announcing the funding. “Who will be left out of the opportunities of today and tomorrow if we don’t have urgency around this issue?

“The digital divide is a solvable problem that requires investments in infrastructure, affordability, and adoption. We are pleased to hear that the State will allocate $300 million toward bridging the digital divide,” said Tia Price, director of the Baltimore Digital Equity Coalition.

The allocation of the $300 million is varied and is divided in three categories: physical infrastructure, affordability and adoption. Included in the spending package is $45 million for municipal broadband, $45 million for monthly broadband service subsidies, and $30 million for devices for qualified Maryland households.

The Abell Foundation estimates 23 percent of homes lack wireline home broadband services, and state leaders are prioritizing digital connectivity alongside unemployment insurance, schools, and transportation.

Energy-Saving Set-Top Box Voluntary Agreement Renewed Through 2025 

Consumer Technology Association and the Internet and Television Association announced last month that they will extend the voluntary agreement for ongoing improvement to the energy efficiency of set-top boxes through 2025.

In addition to saving consumers $7 billion in costs and preventing 39 million metric tons of greenhouse gas emissions through the end of 2019, the agreement includes new, tougher energy efficiency targets beginning in 2023, the agreement stated.

The total energy used by set-top boxes in the United States is projected to be one-third of what was originally used.

“The Department of Energy (DOE) welcomes the extension of the set-top box voluntary agreement and supports the continued efforts of our industry partners to improve the energy efficiency of these products and save consumers money on their energy bills,” said Kathleen Hogan, acting under secretary for science and energy.

“DOE appreciates the commitment by CTA and NCTA to study the impacts of the growth of cloud-based streaming services on electricity use across America and looks forward to future advances in energy-efficient technologies in this area.”

Signatories of the agreement include all major multichannel pay TV providers (AT&T/DIRECTV, Comcast, Charter, DISH, Verizon, Cox, Altice, and Frontier), major manufacturers (CommScope and Technicolor) and energy efficiency advocates (Natural Resources Defense Council and American Council for an Energy-Efficient Economy).

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FCC Targets Spam Call Offenders, Disaster Assistance Requirements, U.S. 23rd in Fiber Development

For the first time, the FCC is proposing removing voice service providers for breaking spam call rules.

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Photo of FCC Chairwoman Jessica Rosenworcel

October 4, 2022 – For the first time, the FCC proposed Tuesday that seven voice service providers be removed from receiving call traffic, after violating the commission’s new scam call framework.

Voice service providers Akabis, Cloud4, Global UC, Horizon Technology Group, Morse Communications, Sharon Telephone Company, and SW Arkansas Telecommunications and Technology have 14 days to show why the FCC should not remove them from the Robocall Mitigation Database.

The database is a filing portal voice service providers must use to inform the commission that they have implemented the STIR/SHAKEN framework, an FCC mandated caller identification technology that allows carriers to digitally validate the authenticity of a phone number, allowing a customer to be sure that the number seen on a caller ID matches the possible caller.

Removal from the database would require all other providers to cease carrying the offending companies’ traffic, meaning all calls from these providers’ customers would be blocked and no traffic originated by the provider would reach the called party, according to the release.

“These and other recent actions reflect the seriousness with which we take providers’ obligations to take concrete and impactful steps to combat robocalls,” Loyaan Egal, acting chief of the FCC’s enforcement bureau, said in the release. “STIR/SHAKEN is not optional. And if your network isn’t IP-based so you cannot yet use these standards, we need to see the steps taken to mitigate illegal robocalls. These providers have fallen woefully short and have now put at risk their continued participation in the U.S. communications system. While we’ll review their responses, we will not accept superficial gestures given the gravity of what is at stake.”

FCC Chairwoman Jessica Rosenworcel added in a statement that, “Fines alone aren’t enough. Providers that don’t follow our rules and make it easy to scam consumers will now face swift consequences,” saying this is a “new era.”

FCC adopts emergency carrier assistance rules

The Federal Communications Commission said Friday it has adopted rules requiring wireless service providers to assist other carriers in the event of emergencies.

The commission codified certain terms from a voluntary program known as the Mandatory Disaster Response Initiative, which has been used by the carriers since 2016 to assist each other in emergency scenarios. The new MDRI requires providers arrange mutual aid, improve public awareness of restoration efforts, and mandate roaming agreements so that any carrier with network outage may get voice roaming on a carrier that is still operational during natural disasters. The new MDRI will be effective October 31.

The September order also requires that the carriers submit performance reporting to the commission in order to improve “reliability, resiliency, and continuity of communications networks during emergencies,” it said in the order.

On Tuesday, the FCC said also is seeking comment on whether MDRI reports to the commission “would benefit from standardization, and what it should entail.”

The FCC is seeking comments until October 31, 2022, with reply comments due on November 29.

United States in 23rd place for fiber development

Technology research group Omdia listed the United States in 23rd place on fiber development relative to other countries, according to a report released Tuesday.

“Only by maximizing investment in next-generation access can countries optimize their growth potential, and fiber-optic technology is key to that investment. Countries, such as the UK and the US, that are further down the list than many less developed countries, may need to consider policy reforms to ensure that it is easy to deploy infrastructure and that competition in the market remains high in light of mergers taking place,” said Omdia research director Michael Philpott in a statement.

Omdia’s Fiber Development Index measures fiber household coverage, household penetration, business penetration, mobile cell site fiber penetration, total fiber investment, and average download and upload speeds across 81 countries, its website says.

Singapore is ranked first in the Fiber Development Index, as it pushes to become the next “smart nation” by 2025, the report said.

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Supreme Court to Hear Section 230 Case, Small Business Broadband Bill, TikTok Deal Pressure

The highest court in the land will hear a case about the scope of internet platform liability under Section 230.

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Photo of the U.S. Supreme Court building

October 3, 2022 – The Supreme Court announced Monday that it will hear a case from a petitioner who argues Google should be held liable in the death of his daughter during an ISIS attack in Paris in 2015.

Reynaldo Gonzalez sued Google under the AntiTerrorism Act for the death of Nohemi Gonzalez because the company’s video sharing platform, YouTube, allegedly hosted ISIS recruitment videos.

Large internet platforms are generally immune from the legal consequences of their users’ posts under Section 230 of the Communications Decency Act. But the highest court in the land will now examine the scope of those protections in this case.

“These cases underscore how important it is that digital services have the resources and the legal certainty to deal with dangerous content online,” Matt Schruers, president of the Computer and Communications Industry Association, said in a statement Monday.

“Section 230 is critical to enabling the digital sector’s efforts to respond to extremist and violent rhetoric online, and these cases illustrate why it is essential that those efforts continue,” he added.

Senate passes small business broadband legislation

The Senate on Thursday passed legislation that would designate a broadband coordinator to improve programs to better assist small business customers in accessing broadband technology.

The Small Business Broadband and Emerging Technology Enhancement Act of 2022 directs the Small Business Administration to designate a senior Office of Investment and Innovation employee as the broadband and emerging technology coordinator, establishing measures to aid the productivity and competitiveness of small businesses with broadband access and other information technologies that emerge.

The coordinator is expected to identify the best practices that relate to broadband and emerging technology to help small businesses, and coordinate SBA programs that assist small businesses so they can best adopt and use broadband and other emerging information technologies.

The bill, which makes its way to the House, requires Small Business Development Centers to assist in the access of broadband for small businesses.

Republicans promise hearings on TikTok security if successful in midterms

The upcoming midterm elections for control of the House and the Senate are putting pressure on the Biden administration to formalize an agreement with Chinese-owned TikTok to clamp down on security and privacy issues with the video-sharing app, as Republicans open the door to possible hearings on the matter if they are successful in taking back control of Congress, according to the Wall Street Journal on Monday.

The New York Times reported last week that the Biden administration and TikTok have come to a preliminary agreement to make changes to the app’s data security and governance without requiring the Chinese owner ByteDance to sell the company. The terms include storing American data on servers in the United States, with cloud company Oracle monitoring the app’s algorithms to see what content the app recommends to users.

But as the midterm elections near next month, the Journal, citing anonymous sources, is reporting that the talks have taken on an “added urgency,” as Republicans are promising hearings on the security of the app if they wrestle control from the Democrats on November 8.

“These people say a deal with TikTok owner ByteDance Ltd. aimed at erecting a wall between the U.S. and Chinese operations is close, but caution that hurdles remain—including operational challenges and possible opposition by China’s communist government,” the Journal reported, adding Republicans would challenge any agreement that falls short of “tough safeguards.”

Federal Communications Commissioner Brendan Carr has already chimed in on the preliminary agreement, saying it doesn’t go far enough for the alleged threat the app poses to the country’s national security.

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Tech Against Texas Social Media, Alabama Middle Mile Grant, IP3 Awards Bestowed

Two information technology industry groups are trying to stall implementation of Texas’ social media law.

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Photo of IP3 Award winner Kyle Courtney at Public Knowledge's award ceremony Thursday by Drew Clark

September 30, 2022 – Plaintiffs NetChoice and the Computer & Communications Industry Association on Thursday petitioned the Fifth Circuit of Appeals to delay the implementation of a Texas law that limits social media companies’ ability to moderate content on their platforms.

The Texas law – H.B. 20 – would limit the ability of large social media companies to remove user speech from their platforms based on viewpoint. Supporters of the law say it will prevent platforms such as Twitter from discriminating against conservative political speech.

H.B. 20 was initially blocked by a federal judge last year, but the Fifth Circuit upheld the bill earlier this month. The plaintiffs say they will soon file a petition for a writ of certiorari at the Supreme Court. Thursday’s motion attempts to prevent H.B. 20 from taking effect before the High Court weigh ins.

“There is no question that a law that defies over two centuries of First Amendment protections warrants further federal court review,” said a statement from CCIA President Matt Schruers.

“If states like Texas are allowed to issue must-carry mandates, internet users can expect a torrent of dangerous content and misinformation, just as we head into an election season. Given the implications for the First Amendment and democratic institutions, we are asking the court to block this statute from taking effect until its constitutional problems have been heard.”

Alabama invests in middle-mile infrastructure

Alabama Gov. Kay Ivey announced Tuesday a $82.45 million grant to Fiber Utility Network, a conglomerate of eight rural electric cooperatives.

The grant will fund a middle-mile network that is expected to connect nearly 3,000 miles of fiber infrastructure within three years. The Alabama Department of Economic and Community Affairs’ Alabama Digital Expansion Division will administer the grant, the funds for which came from the American Rescue Plan Act.

“Achieving full broadband coverage is a journey, not a short trip, and today is an important step toward completing that journey. The Alabama Middle-Mile project – the infrastructure setting part of this journey – is going to lead our state to be the model for the nation when it comes to providing broadband capabilities,” said Ivey.

“In 2022, being able to be connected at home, work or on the on go is absolutely necessary, and this is certainly key to making that a reality.”

“The eight electric cooperatives that make up the Fiber Utility Network are honored to be a part of building a middle mile network to bring internet service closer to those Alabamians,” said Tom Stackhouse, president of the Fiber Utility Network. “We want to thank Governor Ivey and the staff at ADECA for the vision, leadership and assistance to make this a reality.”

Public Knowledge honors IP3 awardees, for Internet Protocol, Information Policy and Intellectual Property

Public Knowledge hosted the 19th annual IP3 Awards ceremony Thursday, honoring leading voices in technology and tech policy.

Public Knowledge presented the “Internet Protocol Award” to House Majority Whip Jim Clyburn, D-S.C., chair of the House Rural Broadband Taskforce, for his work promoting affordable broadband access. Notably, his work advanced the broadband-funding provisions of the Infrastructure Investment and Jobs Act.

Emma Llanso, director of the Center for Democracy & Technology’s Free Expression Project, received the “Information Policy Award” for her work promoting free expression online.

Kyle Courtney, copyright advisor at Harvard University, received the “Intellectual Property Award.” He works extensively on copyright and library-related legal issues.

Courtney developed the Copyright First Responders program to “help advance teaching, learning, and scholarship through community engagement with copyright.”

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