Broadband Roundup
D.C. Attorney General Sues Zuckerberg, Carr Criticizes Infrastructure Bill Details, Vermont to Expand Fiber Builds
The lawsuit comes years after Facebook was found to have been used to harvest personal data for political purposes.

May 23, 2022 – On Monday, Washington D.C. Attorney General Karl Racine sued Meta CEO Mark Zuckerberg for alleged consumer privacy violations revealed during the Facebook-Cambridge Analytica scandal that broke in 2018.
In his office’s filings with the D.C. Superior Court, Racine argued that “Facebook is far from a disinterested platform” and that it “[derives] enormous wealth from acquiring and monetizing the data of [billions of people] leading their lives in Facebook’s digital ecosystem.
“But even that is not enough,” the filing read. “Facebook is in a relentless pursuit to expand its reach on humanity and bring an ever-increasing number of people under its influence.”
To that end, the filings stated that “Cambridge Analytica used the Facebook Platform—in a way that Facebook and Zuckerberg encouraged—to influence and manipulate the outcome of a United States presidential election.”
As co-founder, CEO, chairman, and majority voting shareholder (Zuckerberg holds 60 percent of Meta’s voting shares according to the filings), Racine stated that Zuckerberg “maintains an unparalleled level of control over the operations of Facebook,” and thus bears the responsibility for its actions.
FCC Commissioner Carr says NTIA broadband infrastructure details picks “winners and losers”
Federal Communications Commissioner Brendan Carr released a statement expressing concern that the application details for broadband funding under the infrastructure bill released this month prioritizes one technology over others.
“[The notices of funding opportunity] will prevent states from funding projects that could quickly bridge the digital divide using those high-speed technologies in nearly all cases—putting too much of a thumb on the scale for fiber builds that provide robust service but can take years to build out in certain cases,” Carr said in a statement Thursday, but added, “I have no doubt that fiber projects would demonstrate their value in the lion’s share of cases.”
The week prior, the National Telecommunications and Information Administration’s released those funding details, which included an answer to a question about its technology preference for the builds. “With respect to the deployment of last-mile broadband infrastructure, the Program prioritizes projects designed to provide fiber connectivity directly to the end user,” the Commerce agency said in the 98-page NOFO.
Carr stated that this will “undoubtedly waste taxpayer dollars and leave families waiting on the wrong side of the digital divide.”
The Republican commissioner also condemned what he perceived as rate regulation and overbuilding.
“In the end, the Administration’s decision to pursue those political goals—rather than focusing on connecting the largest number of people as quickly as possible—will exacerbate the supply chain challenges and workforce shortages that already pose a hurdle to getting the job done.”
Vermont governor announces fiber grants
On Monday, Vermont Republican Gov. Phil Scott announced broadband grants totaling more than $16 million.
The grants will be focused on deploying more than 9,000 miles of fiber across Bolton and several other towns in the northeast corner of Vermont.
Scott was set to be joined by Vermont’s at-large congressional representative Democratic Rep. Peter Welch at 12 noon ET in Jericho, Vt., to formally unveil the project in question.
Broadband Roundup
DOJ Investigates TikTok, Google’s Generative AI Tool, Charter Counsel Retiring
An internal TikTok investigation found employees had allegedly spied on journalists, the Times reported.

March 21 – Federal authorities are investigating Chinese-owned video sharing app TikTok over allegations its spying over journalists, reported The New York Times on Friday.
Three people familiar with the case told the Times that the Department of Justice has been investigating the company ByteDance after internal emails showed the company had conducted an internal investigation and “found employees gained access to data from two journalists and people associated with them,” the Times said.
According to the Times, a spokesperson said the company “strongly” condemns the actions of the four employees who obtained the data on the journalists and are no longer working for the company.
The investigation comes during a time Washington and state governments are on heightened alert of the app they say is a national security risk. A new memorandum by the White House’s Office of Management and Budget published in February outlines how agencies are to identify and ban problematic software, like TikTok, from government devices and networks.
Senators have also introduced the RESTRICT Act to further strength national cybersecurity by empowering the Department of Commerce to examine critical infrastructure products and ensure “comprehensive actions to address risks of untrusted foreign information communications and technology products.”
Google releases new Bard generative AI tool for trialing
Google has released an artificial intelligence tool intended to assist users in daily tasks, the search engine giant’s attempt to enter the generative AI space shared by the popular ChatGPT application.
Called Bard, the tool allows users to use the generative AI software as a personal assistant to ask the machine to come up with ways to accomplish tasks. The tool presents a chat box that the user inputs questions into, with the “large language model” generating tips automatically.
Google said the machine is in “experiment” mode and is asking users to contribute to its refinement.
Bard comes a week after OpenAI, the company behind generative AI tool ChatGPT, announced the latest version of the tool that has been able to craft novels using basic prompts. In the latest version, the tool has been able to create websites and versions of 2D video games.
Its power has concerned lawmakers and has sparked calls by experts for its regulation.
Aleksander Mądry, professor of Cadence Design Systems at the Massachusetts Institute of Technology, said in a recent subcommittee hearing that generative AI is a very fast moving technology, meaning the government needs to step in to confirm the objectives of the companies and whether the algorithms match the societal benefits and values.
In January, ChatGPT eclipsed 100 million monthly users.
Charter’s executive vice president is retiring
Richard Dykhouse, executive vice president, general counsel and corporate secretary of Charter Communications, is set to retire from his position, but will remain until the company picks a successor, the cable company announced Monday.
“Rick has played a significant role in Charter’s transformation and growth story – including its reorganization in 2009, the acquisitions of Time Warner Cable and Bright House Networks, and the largest-ever integration of cable companies,” Chris Winfrey, Charter’s president and chief executive officer, in a press release. “I am grateful for Rick’s leadership, advice and sound judgment over the years and pleased that he will continue to assist us throughout the transition to his successor.”
Once the company finds the right person, Dykhouse will remain as executive counsel to support the transition, the release said.
Dykhouse joined Charter in 2006.
Broadband Roundup
Sohn Speaks After Withdrawal, MasterCard Back Indigenous Connectivity, Liberty-CityFibre in Buy Talks
The former FCC nominee spoke for the first time regarding future plans after withdraw.

March 20, 2023 – Former Federal Communications Commission nominee Gigi Sohn told The Washington Post in an interview published last week that she feels she “got a book to write” about her 16-month-long battle to get the Senate to vote her onto the commission.
Earlier this month, the two-time nominee of President Joe Biden withdrew her candidacy after what she called “dark money political groups” tainting her career. Sohn has been accused by Republicans of being impartial and donating to members of the Commerce committee that had previously pushed her nomination forward but which did not get to Senate votes.
“There’s been a bunch of stuff that’s happened over the past 16 months … that is going to make people’s eyes bug out,” Sohn told the Post.
During Sohn’s confirming process, she said she has been repeatedly subject to “unrelenting, dishonest and cruel attacks” from extremist groups and media.
“That was the first time I felt like ‘Oh my god, this could really rile up some crazies to come to my house … and threaten me and my family,’” the Post said she said. “I owed a duty to me and my family to move on, and this was very, very difficult on me emotionally.”
Sohn said she was “very proud” of the support she received from allies throughout the process, the Post said.
Sohn told the Post she had “several opportunities” lined up, which might be the intent to advocate internet access at the state level. But she also said she could do “something bigger and more,” according to the Post.
Mastercard Foundation partners with indigenous institute for internet access
The Mastercard Foundation announced Monday it is investing $3.7 million CAD, or $2.7 million USD, to help the Indigenous Connectivity Institute expand its current digital equity program.
The funding will “enable the ICI to expand current programs and develop new initiatives to reach 10,000 Indigenous young people over the next three years,” according to the release.
“This support from the Mastercard Foundation has the potential to advance Indigenous digital equity beyond our imaginations and make real the projects and collaboration we’ve been dreaming up for years. I am so excited to see this new partnership in action,” Darrah Blackwater, ICI Advisory Council member, said in a press release.
The indigenous-led organization is focused exclusively on digital equity in Canada and the United States by providing training programs to advance technical and advocacy skills, the release said.
“A fast, reliable internet connection is essential to ensuring that Indigenous young people can access high-quality education and meaningful employment opportunities,” says Jennifer Brennan, Director of Canada Programs at the Mastercard Foundation. “The shared vision for this partnership is a commitment to ensuring Indigenous young people and communities have the capacity, support, knowledge, and financial resources to lead digital equity to advance their aspirations and strengthen their communities.”
State broadband leaders will join Broadband Breakfast’s online event and talk about how their states are approaching the digital equity planning process and what they hope to accomplish with federal funding on Wednesday April 15 at 12 noon ET.
Liberty Global acquisition of Cityfibre and Liberty Global unlikely to be approved
Virgin Media O2 is seeking to acquire fiber competitor CityFibre for £3 billion, according to media reports.
The Telegraph reported Saturday that Virgin is in talks with the competitor, but questions remained about the likelihood of the deal moving past regulators.
Capacity reported Monday that equity analyst Jerry Dellis from Jefferies Equity Research does not believe it will get past the Competition and Markets Authority.
“A VMO2-CityFibre combination would appear to threaten the regulatory objective of network competition providing choice for ISPs, leading to better outcomes for consumers,” a Dellis research note said, according to Capacity.
“With a back-book comprising millions of customers that have been subject to multiple years of retail price increases, we question what incentive VMO2 has to compete down wholesale pricing.”
Broadband Roundup
TikTok U.S. Must Sell or Get Banned, T-Mobile’s New Buy, 5 More States Receive ECF Money
The threats come ahead of the first congressional committee appearance by TikTok CEO Shou Zi Chew.

March 16, 2023 – President Joe Biden and his administration said it wants the Bytedance, TikTok’s owner, to sell the U.S. version of the video sharing app or face a ban, according to the New York Times.
The demands were sent to ByteDance in recent weeks, said the Times, citing anonymous sources.
The threats come ahead of the first congressional committee appearance by TikTok CEO Shou Zi Chew next Thursday.
TikTok’s efforts to win U.S. government approval come in the face of growing Congressional hostility toward the platform. Sens. Mark Warner, D-Va., and John Thune, R-S.D., on Tuesday unveiled a bill aimed at giving the Commerce Department the ability to impose a complete ban of the app.
The Restricting the Emergence of Security Threats that Risk Information and Communications Technology Act (RESTRICT Act) requires the Commerce Department to examine critical infrastructure products, including those that go toward telecommunications networks, and to ensure “comprehensive actions to address risks of untrusted foreign information communications and technology products by requiring the Secretary to take up consideration of concerning activity identified by other government entities,” a White House release said.
Last month, the White House’s Office of Management and Budget required agencies to identify a banned application, such as TikTok, remove it and disallow installation on devices, and prohibit internet traffic within 30 days, as part of the governments’ efforts to rid security threats on government devices.
T-Mobile to acquire Mint Mobile for $1.35B
T-Mobile just announced Wednesday that it has agreed to acquire Ka’ena Corporation and its subsidiaries and brands including Mint Mobile, Ultra Mobile and wholesaler Plum, according to a press release.
T-Mobile is acquiring the brands’ sales, marketing, digital, and service operations, and plans to use its supplier relationships and distribution scale to help the brands to grow and offer competitive pricing and greater device inventory to more U.S. consumers seeking value offerings, it said in the release.
T-Mobile will pay up to a maximum of $1.35 billion, 39 percent in cash and 61 in stock to acquire Ka’ena, with the actual price based on the performance of Ka’ena during certain time period before and after the closing, the release said.
“Mint has built an incredibly successful digital direct-to-consumer business that continues to deliver for customers on the Un-carrier’s leading 5G network and now we are excited to use our scale and owners’ economics to help supercharge it – and Ultra Mobile – into the future,” said Mike Sievert, CEO of T-Mobile, in the release.
“Over the long-term, we’ll also benefit from applying the marketing formula Mint has become famous for across more parts of T-Mobile. We think customers are really going to win with a more competitive and expansive Mint and Ultra,” Sievert added.
FCC commits $1.7M from Emergency Connectivity Fund
The Federal Communications Commission announced on Wednesday it is committing $1.7 million through the Emergency Connectivity Program to help over 5000 students gain better access to internet.
Wednesday’s announcement will support approximately 15 schools and 2 libraries in California, Florida, Minnesota, Missouri, and New York.
“Closing the Homework Gap means we need to connect all our students to digital tools for communicating with teachers and schools,” said FCC Chairwoman Jessica Rosenworcel. “Today’s funding round is another important step toward reaching that goal.”
Since the launch of the $7.171 billion Emergency Connectivity Fund in 2021, the FCC has allocated a total of $6.6 billion in funding commitments. The program is set to end this year, with the service delivery deadline for the first two rounds approaching on June 30.
Some organizations have called on Congress to allocate additional funding for its extension.
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