July 19, 2022 – Non-profit tech lobbyist TechFreedom said in comments filed in response to the FCC’s notice of proposed rulemaking to open new avenues for fees to fund commission’s operations that a recent Supreme Court decision reinforces the agency’s inability to do so.
The Monday submission challenged the proposal, which pitches the idea that the FCC adopt new regulatory fee categories on non-licensees that benefit from the commission’s regulatory efforts.
“Before the FCC can regulate an entity, or levy regulatory fees, the Commission must have actual authority over the entity,” said James Dunstan, TechFreedom’s general counsel in a press release. “Especially after the Supreme Court’s recent decision in West Virginia v. EPA, an administrative agency can’t undertake new regulations just because it’s a good idea—regulations must be grounded in clear statutory authority.”
The West Virginia v. EPA Supreme Court decision earlier this month limits the scope of decision-making by agencies on certain matters, finding that the Environmental Protection Agency has limited regulatory authority and that Congress alone has the power to decide on “major questions” of “vast economic or political significance.”
There were varying opinions on whether tech regulators like the FCC would be affected by this decision.
“That the FCC can somehow levy regulatory fees on large technology companies runs contrary to any notion of jurisdictional limits on the FCC,” read the comment from TechFreedom.
FCC faces rip and replace shortfall
The Federal Communications Commission said in a letter dated Friday there is a roughly $3-billion shortfall for a reimbursement program intended to compensate providers who must remove equipment from Chinese providers deemed a threat to national security
The rip and replace program, which forces providers to replace Huawei and ZTE equipment, was funded with $1.9 billion from Congress. But in the letter to Senator Maria Cantwell, D-WA, chair of the Committee on Commerce, Science, and Transportation, the agency said the current amount allocated can only cover 39 percent of the total costs.
In a public notice on Monday, the agency said 181 applications seeking roughly $5.6 billion have been filed for the reimbursement program, which is paid for after removal work is done.
In October, the commission opened a filing window for applicants seeking program support in replacing the allegedly insecure equipment. The agency has since completed its review of the applications and found that to fund all reasonable and supported cost estimations, the program will require $4.98 billion.
The commission, which warned Congress about the shortfall in February, will prorate reimbursement funds equally to all eligible applicants due to the lack of funds, stated the letter.
In 2020, the FCC determined that Chinese manufacturers Huawei and ZTE posed a threat to United States security, saying in a news release that there was “overwhelming evidence” that both companies were guilty of espionage. Congress then passed the Secure and Trusted Communications Networks Act to remove the companies’ equipment from American use, allocating $1.9 to the reimbursement fund.
This follows concerns that small and rural carriers would be unable to comply with replacement requirements as workforce and semiconductor shortages persist.
USTelecom reports 20-year high in broadband investment last year
Broadband trade association USTelecom found in its annual report released Monday that broadband providers invested at least $86 billion in 2021, reaching a twenty-year high.
This number indicates an 8.3 percent increase from 2020 and is more than $5 billion more than the next highest amount, $80.8 billion, in 2019. It is also half the amount of the Broadband Equity, Access and Deployment program, a $42.5 billion federal funding program for broadband infrastructure.
The report notes these “unprecedented levels” can in part be attributed to providers bringing fiber to over 50 million households in the coming years, read the report.
Since 1996, United States communication providers have invested around $2 trillion to build out America’s communication infrastructure, the report said.
“2021’s $86 billion capex investment is important because it represents our commitment to bringing all in America the communications networks of the future,” wrote USTelecom President and CEO Jonathan Spalter in a blog post.
Google Not Publisher to Australian Court, Omnispace Testing 5G Satellites, AT&T’s $6M to Digital Literacy
Australia’s highest court said Google is not a publisher by making available hyperlinks to articles.
August 18, 2022 – Australia’s highest court ruled Wednesday that Google is not a publisher of information that emerges from the use of its search engine, overturning a lower court decision that opened Google up to a defamation lawsuit.
The Supreme Court of Victoria ruled that Google was a publisher by virtue of the fact that it was providing a hyperlink in its search results to a 2004 news article which outlined conspiracy and incitement to murder charges – that were later dismissed – against the defendant and now criminal lawyer George Defteros. The appeal court upheld this view.
But the country’s highest court disagreed Wednesday. “A hyperlink provides a reference to another source and does not itself constitute publication of it,” the decision said. “Although the link may facilitate the transfer of information, which her Honour accepted as a hallmark of publication, it is equally clear that when a person follows a link, they are leaving one source and moving to another.
“The fact that accessing the content is made far easier with hyperlinks does not alter the fact that a hyperlink, by itself (and as distinct from a search result in which the link is embedded), is ‘content-neutral,’” added the decision.
In a press release on Wednesday, internet advocacy group Public Knowledge said it supports the decision, which “affirms the important of 230-like protections for entities that provide access to user-generated content,” referring to a provision in the Communications Decency Act that shields internet platforms from being liable for what their users post.
Omnispace and Philippine telecom collaborating on 5G from space
Virginia-based mobile communications and satellite company Omnispace announced Wednesday it is partnering with Philippines-based telecom Smart Communications to test space-based 5G communications using low-earth orbit satellites.
The demonstration will examine use cases for the Philippine market, according to a press release, including enabling 5G in rural areas, using internet of things and sensors to monitor weather and natural calamities, and enhancing network coverage for disaster relief and other uses.
Earlier this year, Omnispace completed the deployment phase of its Omnispace Spark program, which is the initial phase in the company’s delivery of a 5G capable satellite network. Omnispace’s satellite network will communicate with mobile networks on land to serve mobile subscribers.
“We are excited to announce this collaborative agreement with Smart Communications, which shares our vision of delivering reliable mobile connectivity to consumer, government and enterprise users, everywhere,” Brian Pemberton, chief commercial officer at Omnispace, said in a press release. “Together with Smart, we seek to bridge the digital divide, while also providing the communications infrastructure to power the development of the Filipino economy of the future.”
Meanwhile, USCellular and Swedish telecom equipment provider Ericsson announced earlier this summer that they were testing 5G performance at attitude using drones.
AT&T commits $6M to digital literacy initiatives
AT&T said Tuesday that it is making $6 million in contributions to in-person digital literacy workshops ot more than 400 libraries and community centers across the country.
The telecom said in a press release it aims to help more than 65,000 people learn to use computers and mobile devices, navigate the internet and apps, participate in the digital world, and avoid scams.
The $6 million is part of a $2-billion commitment the company is making from 2021 to 2023 to bridge the digital divide, it said in the release.
All States Want BEAD Funds, Digicomm Secures Investment, Glo Fiber Expanding in PA
The NTIA announced all states and territories have applied for initial planning money from the $42.5B BEAD program.
August 17, 2022 – The National Telecommunications and Information Administration announced Wednesday that all states and territories have submitted applications for initial planning funds from its $42.5 billion broadband infrastructure program.
The announcement comes two days after the deadline to apply for the funds from the Broadband Equity, Access and Deployment program, part of the federal government’s Internet for All initiative. The NTIA said in a press release it will be evaluating the applications and “make awards available as expeditiously as possible.”
The initial planning funds could be used for activities including research and data collection, outreach and communications, technical assistance to potential subgrantees, training for employees of a broadband program, establishing a broadband office, mapping, surveys identifying underserved areas, and marketing the Federal Communications Commission’s broadband subsidy program, the Affordable Connectivity Program.
Within 270 days of receiving the funds, recipients are required to submit a five-year action plan establishing the goals and priorities for internet service, which will serve as a needs assessment, the NTIA said.
“The Internet for All Initiative will provide states and territories the resources they need for thorough planning, which is essential to ensure funding is used equitably, efficiently, and effectively,” said Alan Davidson, Assistant Secretary of Commerce for Communications and Information. “I want to thank every state and territory for meeting our deadline so that we can close the digital divide as quickly and completely as possible.”
The unprecedented amount of money, which spawned from the passing of the Infrastructure, Investment and Jobs Act in November, received letters of intent to participate from all 50 states, D.C., and the territories, the NTIA announced last month.
Digicomm gets private equity investment
A private equity firm that has made investments in the likes of Charter Communications announced Tuesday it is making an investment in broadband distributor and reseller Digicomm.
Crestview Partners will make an undisclosed contribution to the Colorado-based company, which specializes in hybrid connections involving both coaxial and fiber lines for broadband.
“We believe that Crestview can support Digicomm’s growth through organic investments and M&A to expand the Company’s breadth of product and service offerings as it continues to serve as a value-added partner to its customers in the evolving broadband and communications industries,” Brian Cassidy, co-president and head of media at Crestview, said in a press release.
The investment will also involve adding John Schanz, former chief network officer at Comcast Cable, along with members of Crestview, including Cassidy, to Digicomm’s board.
Crestview has previous made investments in Congruex, WOW!, Insight Communications, Interoute Communications, and OneLink Communications.
Glo Fiber expanding in Pennsylvania
Glo Fiber announced Tuesday it has reached agreements with municipal officials to deploy direct fiber lines to homes in several areas in York County, Pennsylvania.
The areas include York Township, Dallastown Borough, Red Lion Borough, Yoe Borough, Windsor Borough, Windsor Township, and Spring Garden Township.
The subsidiary of Shenandoah Telecommunications Company said construction in the county began this month and will continue into 2023, bringing fiber and symmetrical download and upload speeds, streaming TV and unlimited local and long-distance phone service to over 24,000 homes and businesses throughout the county.
“We have a long, successful history of offering fiber service to large businesses in York County,” Chris Kyle, vice president of industry and regulatory affairs at Shentel, said in a press release. “It is exciting to continue this work by bringing Glo Fiber to thousands of county residents and businesses. Our network is capable of multi-gig service that will provide the speeds citizens need on a daily basis as well as offering a much-needed competitive choice.”
FCC Points to Congress on USF, Texas Hires LightBox, Lit Communities Hires Lindsay Miller
The FCC will let Congress make changes to its authority to add contributors to the Universal Service Fund.
August 16, 2022 – The Federal Communications Commission is leaving it to Congress to institute legislative reforms to allow it to make changes to the contribution base of a fund that supports basic telecommunications services to Americans, according to its report to Congress released Monday.
The agency has been fielding comments about what it should do about the Universal Service Fund, a nearly $10-billion pot of money that goes to support broadband expansion in low-income and rural areas. The fund has been under scrutiny because it relies largely on declining voice service revenues – often passed down to customers – which has called into question its sustainability. Some have called on the agency to unilaterally expand the base to include broadband internet revenues.
But in its report on the future of the USF, the agency said its authority on making such a change to the base is not that clear.
“On review, there is significant ambiguity in the record regarding the scope of the Commission’s existing authority to broaden the base of contributors,” the report said.
“As such, we recommend Congress provide the Commission with the legislative tools needed to make changes to the contributions methodology and base in order to reduce the financial burden on consumers, to provide additional certainty for entities that will be required to make contributions, and to sustain the Fund and its programs over the long term.”
Experts have previously argued that the commission has the authority to broaden the base without requiring congressional approval. Other recommendations to support the fund include having the entire fund supported by general taxation, while another suggests having big technology companies that rely on the internet to contribute to it.
For the latter to happen, the report notes that there would need to be an examination and application of the definition of “telecommunications” to those big technology companies.
“We recommend that in considering changes to the contributions base, the Commission should closely evaluate this record and take efforts to avoid raising the cost of broadband service and shifting the financial burden from corporations to consumers at a point in time when the federal government is working to address affordability challenges contributing to the digital divide,” the report said.
FCC Commissioner Brendan Carr, who raised the idea of a contribution from Big Tech, said he was pleased the report recommends Congress provide the tools necessary for changes, including possibly expanding the base to include those new contributors.
Texas hires LightBox for broadband map
The Texas Comptroller’s Office announced this month that it is contracting LightBox, a location data company, to develop the state’s broadband availability map.
The map is said to help the comptroller’s Broadband Development Office determine which areas are in most need of broadband connectivity and thus where to invest public money. It will feature addresses including homes, businesses, public and charter schools, governmental entities, anchor institutions, military bases, community colleges and tribal areas, an August 8 press release said.
“When this map is complete, the BDO along with community leaders and members of the public will be able to extract information from the map to better understand the needs of their regions and to make better decisions establishing programs related to broadband development,” Texas Comptroller Glenn Hegar said in the release.
LightBox, which is a sponsor of Broadband Breakfast, also has partnerships with Georgia, Alabama and Montana to develop broadband coverage maps. The company’s vice president of government solutions told Broadband Breakfast that states are making their own maps to also challenge any deficiencies in the Federal Communications Commission’s own upcoming maps – which could mean more or less federal dollars.
Lit Communities hires broadband attorney consulting president
Fiber broadband consulting company Lit Communities announced Tuesday it has hired Lindsay Miller, a parnter at Ice Miller LLP, as president of consulting.
The Alabama-based fiber construction and design firm said in a press release it frequently collaborates with Miller’s law firm on “consulting engagements that include community broadband interest assessments, service access mapping, incumbent provider analysis, and financial and network modeling.
“Lindsay Miller is well known in the community broadband space and we’re delighted to have her join our team and devote her energy and knowledge full-time to the broadband industry,” Lit founder and CEO Brian Snider said in the release. “Her passion for the business and deep connections with its many, diverse stakeholders will serve Lit and, most importantly, all of our current and future clients.”
With over 15 years of experience in broadband initiatives, Miller advises municipalities on how to utilize public-private partnerships for fiber and wireless expansion.
- Public Knowledge Urges VoIP to Be Regulated Under Title II to Stop Robocalls
- Jeremy Jurick and Paul Schneid: Preparing Data for the FCC’s Broadband Filing
- Google Not Publisher to Australian Court, Omnispace Testing 5G Satellites, AT&T’s $6M to Digital Literacy
- All States Want BEAD Funds, Digicomm Secures Investment, Glo Fiber Expanding in PA
- Institute for Local Self-Reliance Announces Two Initiatives to Foster Local Broadband Solutions
- Broadband Breakfast on August 31, 2022 – How to Maximize Minority Participation in the Affordable Connectivity Program
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