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New York Lawmaker’s Social Media Bill, Google Data Settlement Upheld, Netherlands Antitrust for Apple

NY’s Brad Hoylman introduced legislation that would attempt to control how social media handles users’ speech.

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New York Democratic State Senator Brad Hoylman

December 29, 2021 – New York State Democratic Senator Brad Hoylman is joining the list of lawmakers to have introduced legislation that would attempt to control how social media handles users’ speech.

The new bill Hoylman announced this week would prohibit platforms from promoting certain objectionable content such as false and fraudulent medical information, which has seen increased scrutiny during the coronavirus pandemic.

Should it be passed, the law would likely face significant legal challenges on First Amendment grounds, with courts having ruled in the past that even false statements are constitutionally protected speech.

Santa Clara University law professor Eric Goldman says that even though the bill targets platforms’ promotion of such speech rather than simply the hosting of it, constitutional issues would likely still abound.

Earlier this year Sen. Amy Klobuchar, D-Minnesota, introduced the Health Misinformation Act that would create an exception to Section 230 for users’ posts with false health information promoted algorithmically during a national emergency. The act specifically aims to discourage platforms from promoting false content on COVID-19.

Republican bills in Texas and Florida that appear to be opposite to Hoylman’s proposal were blocked by federal judges. The laws attempted to require social platforms to host certain types of content even if it was objectionable or factually suspect.

State officials are currently waiting for responses from appellate judges to requests to reinstate those laws.

Federal court upholds settlement over Google Street View data

The 9th U.S. Circuit Court of Appeals on Monday upheld Google’s settlement in a class action case alleging the company collected Wi-Fi data illegally through its Street View program.

The court rejected the argument that the settlement, totaling $13 million, was unfair because it only gave money to privacy groups and not the class members.

In the court’s Monday decision, Judge Bridget Bade said it was not feasible to distribute money directly to the 60 million people whose data the suit said was collected.

The initial suit was filed in 2010, stating that the vehicles Google used to take photos of streets around the world collected sensitive information such as emails, passwords and documents from Wi-Fi connections.

The case was settled in San Francisco federal court in 2018, paying out to nine involved privacy groups.

Prior to this appeal of the case, the settlement had been approved last year following objections from two class members and a group of state attorneys general.

Netherlands regulator rules against Apple store use

A regulator in the Netherlands last week required Apple to allow that dating apps use non-Apple payment platforms due to Apple’s alleged abuses of its dominant position in markets.

Apple will also be required to provide dating app users with in-app notifications about non-Apple payment options.

The chairman of the board of the Netherlands Authority for Consumers and Markets stated that Apple has “special responsibilities” because of its dominance.

The order gives Apple two months to comply, after which it will face fines of around $5.7 million a week with a maximum of around $57 million.

Regulators expressed concern over Apple’s conditions that render dating apps unable to handle any issues regarding invoicing, cancellation and refunds directly with customers. Additionally, apps have a hard time carrying out safety protocols such as background checks.

Earlier this month in the U.S., a federal appellate panel stayed a California federal district court judge’s order for Apple to allow all app developers to use in-app buttons or links that direct customers to outside payment options.

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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Broadband Roundup

Affordable Connectivity Outreach Program, Amazon’s SpaceX Satellite Concerns, Axios Acquired

The establishment of the Affordable Connectivity Outreach Grant Program is intended to bring awareness to the program.

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Photo of Amazon CEO Andy Jassy, via Wikicommons

August 8, 2022 – The Federal Communications Commission on Friday established an outreach program to get more American households registered to its broadband subsidy program.

The Affordable Connectivity Program, which provides a discount on broadband services of up to $30 per month and a one-time $100 toward a device, currently has over 13 million low-income American households signed up, but the FCC has said that there are millions more eligible who are not taking advantage of the program.

During an open meeting on Friday, the commission approved an order directing the agency’s Consumer and Governmental Affairs Bureau to develop, administer and manage the new Affordable Connectivity Outreach Grant Program, which is intended to raise awareness about the ACP.

The commission was infused with grants from Congress in the Infrastructure, Investment and Jobs Act to put toward outreach for the program. As such, $100 million will go toward the effort.

“Since the inception of the ACP, Commission staff have engaged in extensive outreach, including numerous speaking engagements and enrollment events, and continue to seek out opportunities to coordinate with other federal agencies,” the agency said in a Friday press release.

“Throughout these efforts, the Commission has worked closely with trusted local entities that are familiar with the communities they serve.  However, for many of these partners, budget constraints limit the extent of ACP outreach they can perform without additional financial support.”

The agency on Friday also established the “Your Home, Your Internet” one-year pilot program, which is intended to raise awareness and make it easier to apply to the ACP for households receiving federal housing assistance

Ahead of the announcement, telehealth advocate Craig Settles wrote an op-ed for Broadband Breakfast outlining ideas for how to improve outreach to the ACP.

Amazon warns FCC about volume of SpaceX satellites

In a meeting with FCC officials last week, Amazon representatives repeated concerns about the alleged negative effect of the number of broadband satellites SpaceX will launch into space.

According to a post-meeting letter released Thursday, Amazon urged the commission to ensure that SpaceX’s deployment of its Gen2 non-geostationary orbit fixed-satellite services “does not come at the expense of competition and innovation from other emerging NGSO FSS systems.”

Part of the concern for Amazon, which is preparing its Project Kuiper low-earth orbit constellation, is the size of the proposed deployment. At nearly 30,000 satellites, according to Amazon, it “raises questions about space safety, interference, and coexistence with other operators that will impact competition and deployment for decades.”

SpaceX’s Starlink already has a large LEO constellation for broadband service, with more than 2,700 and with approval to put many more thousands in LEO to come.

Cox acquires news website Axios

News company Axios announced Monday that it has agreed to be acquired by Cox Enterprises, a large media company with a telecommunications arm, for $525 million.

Cox made a previous investment last year in the news company, and it said in a Monday press release that this latest move is part of its effort to “grow and diversify the company.”

The deal will see the co-founders still lead the day-to-day operations of the company, according to a press release.

Axios, which was founded in 2017, is known for its brief lines on news items that cuts to the point.

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