Broadband Roundup
Appeals Court Affirms FCC’s Spectrum Authority, FTC Privacy Rulemaking, (Root) Beer and Broadband
The Federal Communications Commission’s reallocation of intelligent transportation service spectrum was not arbitrary and capricious, the court held.

August 12, 2022 – The D.C. Circuit Court of Appeals on Friday affirmed the the Federal Communications Commission’s authority to reclassify radio frequency spectrum and make more of the 5.9 GigaHertz band available for broadband communication.
In 2020, the Federal Communications Commission reallocated a part of the radio spectrum from use by intelligent transportation systems to use by unlicensed transmission devices such as Wi-Fi routers.
In a unanimous running by a three-judge panel, Judge Justin R. Walker wrote: “Several groups that want to retain their old use of the reallocated spectrum argue that the FCC’s reallocation was arbitrary and capricious. It was not.”
In the relatively brief 15-page decision in ITS America v. FCC, the court upheld the FCC’s manner of changing a band’s usage.
In 1999, the FCC gave the auto industry 75 MHz of spectrum exclusively for “Dedicated Short-Range Communications” for the purpose of improving public safety. After more than 20 years of waiting for the industry to deploy DSRC, in 2020 the FCC approved an Order to phase out DSRC and replace it with a new, more efficient technology called Cellular Vehicle-to-Everything.
Supporters of the FCC, including non-profit groups like Public Knowledge, argued that 30 MHz of spectrum the auto industry retained is more than sufficient for collision avoidance and safety purposes. Rather than allowing the auto industry to retain excess spectrum for commercial uses such as location-based advertising, the FCC repurposed the lower 45 MHz for unlicensed use which will enable next-generation Wi-FI.
“By reaffirming the FCC’s decision, the D.C. Circuit will ensure that our airwaves are being put to their best and most efficient use,” said Kathleen Burke, policy counsel at Public Knowledge.
FTC opens process to consider new privacy rules
The Federal Trade Commission on Thursday announced proposals to go after businesses that collect and analyze personal-based information, and that don’t deploy the strong forms of data security.
“Firms now collect personal data on individuals at a massive scale and in a stunning array of contexts,” said FTC Chair Lina Khan. “The growing digitization of our economy—coupled with business models that can incentivize endless hoovering up of sensitive user data and a vast expansion of how this data is used—means that potentially unlawful practices may be prevalent.”
The agency’s press release went on to blast companies that “surveil consumers while they are connected to the internet – every aspect of their online activity, their family and friend networks, browsing and purchase histories, location and physical movements, and a wide range of other personal details.”
On July 20, the Senate Commerce Committee passed comprehensive privacy legislation a restricting collection and transfer of personal data of U.S. citizens without consent.
The measure has not yet passed the House, where Energy and Commerce Committee Chairman Frank Pallone, D-N.J., said in Thursday response: “I appreciate the FTC’s effort to use the tools it has to protect consumers, but Congress has a responsibility to pass comprehensive federal privacy legislation to better equip the agency, and others, to protect consumers to the greatest extent.
“Ultimately, the American Data Privacy and Protection Act is necessary to establish comprehensive national statutory privacy protections for all Americans and I’m committed to getting it passed and signed into law.”
(Root) Beer and Broadband episode features Broadband Breakfast’s Drew Clark
Bonfire Engineering and Construction on Thursday released a new episode of its “Beer and Broadband” podcast.
Check out our latest Beer & Broadband episode on how data & policy impacts broadband expansion. Hear from:
🎙️Drew Clark – Editor & Publisher of @BroadbandCensus
🎙️Russ Elliott – CEO of Siskiyou Telephone
🎙️Megan Beresford – Director at @LDAGrantshttps://t.co/wxV2bPfs7t— Bonfire Infrastructure Group (@ourbonfirespark) August 11, 2022
Featuring Drew Clark, editor and publisher of Broadband Breakfast, Russ Elliott, CEO of Siskiyou Telephone, and Megan Beresford of LDAGrants, the episode focused on “How Data & Policy Impacts Broadband Expansion.”
Nick Dinsmoor and Brian Hollister of Bonfire, hosts of the informal program, structured the roundtable series as a way to bring together leaders in the broadband and infrastructure space to share their thoughts without egos, agendas, or selling.
Broadband Roundup
Space Bills Get Markup, Cybersecurity Reserve Bills Introduced, Gigabit Center Opens in Crown Heights, NY
The Secure Space Act and the Satellite and Telecommunications Streamlining Act are scheduled for mark-up on Thursday.

March 23, 2023 – The House Energy and Commerce Committee will host a mark-up meeting on Thursday to consider pieces of legislation that will “keep America at the forefront of next-generation communications technology,” according to a press release.
The Secure Space Act and the Satellite and Telecommunications Streamlining Act introduced by Chairman Frank Pallone, Jr., D-N.J., and Ranking Member Cathy McMorris Rodgers, R-Wash. in December last year will be among those going through the line-by-line process on Thursday.
The Secure Space Act prohibits the Federal Communications Commission from issuing satellite licenses or other related authorizations to untrusted actors, based on the framework adopted in the Secure and Trusted Communications Networks Act.
The Satellite and Telecommunications Streamlining Act clarifies FCC authority with the goal of promoting responsible use of space, incentivizing investment and innovation, and advancing U.S. leadership.
“America is leading the way in next-generation satellite technologies, which are contributing to a revolution in the communications marketplace,” the representatives said in a statement. “To make sure the U.S. – not China – continues to lead this global industry, we must streamline our regulatory processes to unleash innovation while also ensuring our laws fully protect the American public.”
Bills to ensure cybersecurity reserves in government introduced
Two bills introduced Tuesday by Sens. Jacky Rosen, D-Nev., and Marsha Blackburn, R-Tenn., would establish pilot programs that would hire civilian cybersecurity personnel in reserve to “ensure the U.S. government has the talent needed to defeat, deter, or respond to malicious cyber activity, especially at times of greatest need.”
The bills, some versions of which were previously introduced but did not pass, would establish the Civilian Cybersecurity Reserve pilot programs within the Department of Defense and the Department of Homeland Security.
“Cybersecurity threats targeting the United States continue to grow in scale and scope, demonstrating the urgent need for robust civilian cyber reserves capable of addressing these threats and protecting our nation,” Rosen said in a press release on Tuesday. “Our bipartisan legislation will help ensure the U.S. government can leverage existing cybersecurity talent from the private sector to help our nation deter and swiftly respond to cyberattacks.”
The bills comes at a time when federal agencies are “experiencing a growing shortage of cybersecurity talent,” the release said.
“As the cyber domain continues to expand in size and complexity, so should our cyber workforce,” Blackburn said. “By creating a reserve corps similar to our National Guard or Army Reserve, we can ensure the U.S. has qualified, capable, and service-oriented American talent that is necessary to address cyber vulnerabilities and keep our nation secure.”
Gigabit Center to provide free internet to students in Crown Heights, NY
The Brooklyn Gigabit Center, which will provide free internet resources for students, opened in Crown Heights, New York on Wednesday.
The center will provide free high-speed Wi-Fi, technology, education and school supplies to Crown Height, New York, an area where 36 percent of households lack broadband, according to the press release.
The center opened with a press conference hosted by the administration of Mayor Eric Adams, LinkNYC, the New York City Office of Technology and Innovation, digital infrastructure company ZenFi Networks, and tech education non-profit Digital Girl, according to a ZenFi Networks press release.
ZenFi Networks has previously opened centers in the Bronx, Manhattan, and Queens to help the local communities to learn and adopt to modern technologies.
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.”
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