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Infrastructure

Google, Municipal Groups Oppose Mediacom Request to Block Google-City Infrastructure Deal

Mediacom petitioned the FCC to stop a Google-West Des Moines deal, but Google said it’s not exclusive.

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Mediacom CEO Rocco Commisso

WASHINGTON, October 20, 2021 – A number of associations and Google have filed opposition arguments to a Mediacom request that the Federal Communications Commission intervene to stop a city in Iowa from allowing Google an alleged exclusive access to the city’s infrastructure.

MCC Iowa LLC, also known as Mediacom, filed a petition in May that asked the FCC to stop the construction of the West Des Moines network after alleging an exclusivity agreement between Google and the city was signed in July 2020 that it said negatively harms it. Mediacom, which said this is a first of its kind petition, also asked that the commission intervene to “remove the preferential design, access, financial and permitting rights” afforded to the network.

Mediacom brought the complaint based on Section 253 of the Telecommunications Act, which stipulates that cities must foster competition and restrict efforts to protect monopolies.

But in an October 7 submission, Google said its deal with the city to use its network is not exclusive.

“The Conduit Network is, by contract and by design, a multi-user network intended to accommodate the fiber network of Google Fiber as well as the facilities of other licensees,” Google said in its submission. “The agreement between Google Fiber and the City for Google Fiber’s use of a portion of the Conduit Network…expressly contemplates that there will be users other than Google Fiber, following an initial six-month period during which Google Fiber can test that the network is functioning properly as it begins to serve customers.

Google added that the agreement between the two does not stop the city from allowing other providers to ride on the network on the same economic terms.

The Mountain View-based company also claims Mediacom is misapplying Section 253 in this case and seeks to expand its scope because it targets the city’s effort to promote competition and not, as it would rightfully be applied, to target the city’s effort to restrict competition. In other words, Google said the city isn’t trying to restrict competition because it is encouraging service providers to use the network.

In fact, Google argues the deal with the city is advancing the goals of Section 253. “By building its own conduit network…and encouraging private industry to bring high-speed broadband service to its residents, the City is advancing the goal of Section 253,” Google said.

“Granting the Petition would undermine the actual purpose of Section 253 and turn it, instead, into ‘a blunt tool’ that historical incumbents can use to beat down market competition,” Google added.

Municipal organizations also oppose petition

In a separate submission dated October 7, a coalition of municipal organizations argued similarly that Mediacom’s petition is “aimed at thwarting the very competition Section 253 is intended to ensure, and potentially undermines a range of local efforts to bridge the digital divide.”

The joint submission was signed by the National Association of Telecommunications Officers and Advisors, the United States Conference of Mayors, the National League of Cities, the National Associations of Counties, and the National Association of Towns and Townships.

The group argued further that Mediacom was expanding the scope of the law because the FCC cannot force a municipality to change the design of a project, but is rather limited to enforce, and address violations to, it.

CORRECTIONA previous version of this story said Google was based in Menlo Park. In fact, it is based in Mountain View, California. 

Broadband Mapping

FCC Opens Broadband Data Collection Program

The data will go toward improved maps, which the FCC chair said will be available by the fall.

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Screenshot of Bill Price, vice president of government solutions for LightBox

WASHINGTON, June 30, 2022 – The Federal Communications Commission on Thursday officially opened its new system to collect broadband service information from over 2500 broadband providers.

The Broadband Data Collection “marks the beginning of [the FCC’s] window to collect location-by-location data from providers that we will use to build the map,” said FCC Chairwoman Jessica Rosenworcel in a press release.

Screenshot of Bill Price, vice president of government solutions for LightBox

Broadband providers will be required to provide availability claims and supporting data. Supporting data will include sections such as “propagation modeling information” and “link budget information.” The deadline to submit is September 1.

Rosenworcel said the agency has established consistent parameters that require broadband providers to submit data using geocoded locations that will “allow [the FCC] to create a highly precise picture of fixed broadband deployment, unlike previous data collections, which focused on census blocks, giving us inaccurate, incomplete maps.”

With this information, the FCC will build a common dataset of locations in the United States where fixed broadband service can be installed, called the “fabric.” Rosenworcel said that this fabric will serve as a “foundation upon which all fixed broadband availability data will be reported and overlaid in our new broadband availability maps.”

Following the completion of the maps, government entities and internet service providers will be given a challenge window where availability claims may be challenged based on submitted data.

Rosenworcel previously said that the improved broadband maps will be available by the fall.

States expect to be busy fact-checking these claims as they are released, said panelists at Broadband Breakfast Live Online Event Wednesday. States will be involved in individual challenging processes and will be expected to provide information on availability through individual speed testing.

States want to get these maps right because they serve as a broadband investment decision making tool, said Bill Price, vice president of government solutions for LightBox, a data platform that is helping states build broadband maps. That means many states are committed to obtaining accurate local coverage data to utilize federal and state funding.

Our Broadband Breakfast Live Online events take place on Wednesday at 12 Noon ET. Watch the event on Broadband Breakfast, or REGISTER HERE to join the conversation.

Wednesday, June 29, 2022, 12 Noon ET –Broadband Mapping and Data

Now that the National Telecommunications and Information Administration’s Notice of Funding Opportunity has been released, attention turns to a core activity that must take place before broadband infrastructure funds are distributed: The Federal Communications Commission’s updated broadband maps. Under the Infrastructure Investment and Jobs Act, as implemented by the NTIA’s Broadband Equity, Access and Deployment program, these address-level maps from the FCC will determine the allocation of funds among states and serve as a key source of truth. Our panelists will also consider the role of state-level maps, the NTIA challenge process and other topics. Join Broadband Breakfast as we return to one of the subjects that we know best: Broadband data and mapping.

Panelists:

  • Bill Price, Vice President, Government Solutions, LightBox
  • Dustin Loup, Program Manager, Marconi Society’s National Broadband Mapping Coalition
  • Ryan Guthrie, Vice President of Solutions Engineering at ATS
  • Drew Clark (moderator), Editor and Publisher, Broadband Breakfast

Panelist resources:

Bill Price, Vice President of Government Solutions, is responsible for LightBox broadband data and mapping solutions for government. Bill has more than 40 years in telecommunications and technology services development and operations. His track record includes delivering the Georgia statewide location level broadband map, the first fiber metropolitan area network in the U.S., and launching BellSouth’s internet service. LightBox combines proven, leading GIS and big data technology to transform how decisions are made in broadband infrastructure planning and investment.

Dustin Loup is an expert on internet governance and policy and program manager for the Marconi Society’s National Broadband Mapping Coalition. Much of his work centers on improving digital inclusion and establishing transparent, open-source, and openly verifiable mapping methodologies and standards.

Ryan Guthrie is VP of Solutions Engineering at Advanced Technologies & Services.  He started with ATS in 2006 and has been involved in all aspects of the business from sales and marketing through solution design and implementation.  Ryan also manages regulatory solutions for ATS and has been deeply involved with the federally funded broadband projects by assisting ISPs with their performance measures testing compliance.

Drew Clark is the Editor and Publisher of BroadbandBreakfast.com and a nationally-respected telecommunications attorney. Drew brings experts and practitioners together to advance the benefits provided by broadband. Under the American Recovery and Reinvestment Act of 2009, he served as head of a State Broadband Initiative, the Partnership for a Connected Illinois. He is also the President of the Rural Telecommunications Congress.

WATCH HERE, or on YouTubeTwitter and Facebook.

As with all Broadband Breakfast Live Online events, the FREE webcasts will take place at 12 Noon ET on Wednesday.

SUBSCRIBE to the Broadband Breakfast YouTube channel. That way, you will be notified when events go live. Watch on YouTubeTwitter and Facebook

See a complete list of upcoming and past Broadband Breakfast Live Online events.

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FCC

FCC Commissioner Supports Rural Telco Efforts to Implement ‘Rip and Replace’

In remarks at the Rural Wireless Association event on Wednesday, Commissioner Geoffrey Starks reaffirmed the FCC’s goals.

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Photo of Carri Bennet, general counsel of the Rural Wireless Association, leading a discussion at the summit on Wednesday by Drew Clark

PARK CITY, Utah, June 30, 2022 – Federal Communications Commissioner Geoffrey Starks acknowledged the agency’s goal of obtaining secure broadband networks at an event of the Rural Wireless Association on Wednesday.

“We must ensure that our broadband networks are secure,” Starks said in keynote address at the Rural Wireless Infrastructure Summit here, delivered via Zoom. “This is evident in the constant barrage of attacks of American networks from hostile state and non-state actors.”

Starks continued, “insecure networks, by definition, can’t provide the stable, reliable, always on communications we need. Especially during emergencies… Broadband must be secure for the full benefits of broadband to be achieved.”

The issue of ridding American telecommunications networks of equipment manufactured in China was a constant theme during the conference.

In addition to Starks’ presentation, several sessions addressed the dilemma faced by telecommunications carriers, particular rural ones, that had in the past invested heavily in lower-cost equipment from Huawei, a leading Chinese manufacturer.

As the political winds have changed on the topic over the past three years, Congress has allocated funds for a “rip and replace” program. The FCC is expected to announce the providers that will receive nearly $2 billion as part of the program by July 15.

But some fear that number could be more than $4 billion short of needed funds.

“The funds available will cover only a very small portion” of the costs to replace Huawei with non-Chinese manufacturers, said Carri Bennet, general counsel of the Rural Wireless Association.

Potential new requirements imposed on telecom providers

The commission recently sought comment on whether it should require carriers that receive high-cost support to have include baseline cyber security and supply chain risk management plans.

If these plans are included in requirements, Starks said that American communication networks would be protected from bad actors. Moreover, they are consistent with requirements already included in the Infrastructure Investment and Jobs Act.

Starks thanked the RWA for its activity and advocacy in the “rip and replace” proceedings, officially dubbed the Secure and Trusted Communications Network Reimbursement Program.

“The threat is real,” called Starks. “Companies that are deemed by the federal government to be a threat to the United States and its people can not have free reign in data centers featuring some of the most sensitive data of Americans.”

This comes only days after Commissioner Brendan Carr called for Apple and Google to remove Beijing-based popular video-sharing application, TikTok, from their app stores in response to the apps’ obligation to comply with the Peoples Republic of China’s surveillance demands.

Broadband Breakfast Editor and Publisher Drew Clark contributed to this report.

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Infrastructure

States Must Ease Zoning, Permit Regulations for Broadband Buildouts

‘You have to take a serious look at red tape.’

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Screenshot of Heather Gold , Carolyn Price, Shane Butler and Bob Knight (left to right)

WASHINGTON, June 30, 2022 – States must ease regulations surrounding local building permits and zoning that may prevent internet service providers from building broadband infrastructure, said experts in community and stakeholder engagement at a Rural Broadband Conference on Tuesday.

“If you want to attract private industry or want to bring fiber to your community, you have to take a serious look at red tape,” said Bob Knight, CEO of marketing firm Harrison Edwards Strategic Communications.

“Let’s be realistic,” Knight continued. “We are operating at a time where private investment can go anywhere, we are operating at a time where materials are scarce… now is not the time to mess around and slow up the process [through regulations.]”

The Upstate New York Town Association, a group dedicated to serving the needs of upstate New York communities, indicated that it would continue to lobby for an easing of state regulations to support broadband connectivity in its region.

Knight encouraged states to engage with stakeholders and local community members to make the process easier and build networks in a timely fashion. “Get as many [local] voices as you can.”

Communities in Upstate New York worked with local engineers to develop broadband models that work for their topography. Understanding the local geography proved beneficial in building out networks that connect to all community members, said Carolyn Price, executive director of the Upstate Association.

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