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Concern About Digital Discrimination Rules, Governors Call for ACP Funding, Newark Benefits from ACP

Industry associations are not happy about the FCC’s new digital discrimination rules.

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Photo of Governor Kathy Hochul, taken 2022 permission.

November 16, 2023 – The Federal Communications Commission’s decision Wednesday to impose strict oversight over claims service providers are discriminating in certain parts of the country has irked industry associations.

The new digital discrimination rules allow the FCC to address alleged discriminatory practices, which it defines as ones that differentially impact peoples’ access to broadband based on factors such as race, ethnicity or income level.

NCTA, the Internet and Television Association, said in a press release Wednesday that deployment business practices, such as credit checks and uniform pricing deposits for equipment, will impact people with different income levels, which they now fear will be seen as unlawful.

NCTA added that the approval of these new rules will “distract the FCC from combatting true digital discrimination and will hurt our national effort to deliver high-speed internet to all Americans and continue to roll out innovative broadband services.”

Grant Spellmeyer, CEO of America’s Communication Association Connects, echoed the concern in a press release Wednesday stating it expects the proposed rules to deter investment, innovation and deployment while doing little to address digital discrimination.

Spellmeyer added that these rules will be particularly hard for smaller providers to navigate, which could have them taking on additional legal bills and compliance costs.

Smaller providers may especially struggle to navigate the rules if the FCC is watching their decision-making so closely, which could have them taking on legal bills and compliance costs, added Spellmeyer.

The new set of rules does make note of the fact that the FCC will consider legitimate financial or logistical barriers to deployment on a case-by-case basis as a defense for companies who face discrimination complaints.

Governors urge ACP funding in letter

In a bipartisan signed letter sent Monday, 26 governors including Kathy Hochul, D-New York and Spencer Cox, R-Utah, urged Senate leaders to continue funding the Affordable Connectivity Program.

The letter sent Monday underscores the program’s scope of importance and is calling on collective efforts to develop a funding plan to continue the program with the signatories promising to work toward a “commonsense solution.”

“Preserving the ACP will allow us to build upon the progress we’ve made in expanding connectivity rather than falling behind in a mission we cannot afford to lose,” reads the letter.

The $14-billion program, which subsidizes monthly broadband costs for eligible Americans at $30 and $75, is expected by some to run out of money in 2024, leaving more than 20 million Americans at risk of losing that connectivity.

That concern has prompted President Joe Biden and industry experts to call for more funding.

Newark connects over 31,000 households to the internet through ACP

Economic development agency Invest Newark and the non-profit Newark Alliance announced Thursday that more than 31,000 households in Newark now have access to high-speed internet as a result of the Affordable Connectivity Program.

The groups added that this scope of connectivity is collectively saving families in Newark almost $1 million per month when it comes to internet spending.

The digital divide in Newark stems from a lack of access to broadband and lessened broadband deployment, with nearly one in five Newark households living without internet, explained a press release, citing US 2021 census numbers.

“The city of Newark is pursuing a series of initiatives to support broadband access and adoption – enabling residents to work from home, complete schoolwork and online courses, attend telehealth appointments and more,” said Invest Newark CEO Marcus Randolph in the release.

He added that promoting enrollment in ACP is one of the ways in which they hope to support internet access, with nearly half of Newark households being eligible for it.

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Reporter Hanna Agro studied journalism at Columbia University focused on news reporting and video production. For Broadband Breakfast, she has covered broadband deployment, rural area investment and artificial intelligence. She has also done culture reporting and documentary production.

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Supply Chain Improvements, Bill for Broadband in Public Parks, FCC Grants Alert System Compliance Extension

The Biden administration announced Wednesday a list of new measures to promote supply chain resiliency.

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Photo of Congressman Raúl Grijalva, taken by Gage Skidmore 2018. 

November 30, 2023 – President Joe Biden announced at an inaugural meeting Wednesday new measures to improve national supply chain resilience, many of which are targeted at bettering semiconductor manufacturing. 

These new measures will see the development of a geospatial mapping protocol that will be used to account for and track trade disruptions of raw materials, with a special focus on ones that are involved in semiconductor manufacturing.

Additionally, the US plans to develop a resilience center to assess risks and supply chain vulnerabilities specifically inside national ports alongside looking at how to better implement CHIPS and Science funding.

In July of 2022, the Biden administration signed into law the CHIPS and Science Act, which was broadly supported by lawmakers, putting $52 billion into semiconductor research and development and a 25 percent investment tax credit to promote manufacturing. 

More recently, Biden has announced tech innovation hubs supported by CHIPS Act funds, four of which will focus directly on improving semiconductor production and manufacturing. 

Legislation put forth to expand broadband to public parks 

Congressman Bruce Westerman, R-Arkansas, and Congressman Raúl Grijalva, D-Arizona, introduced legislation Wednesday that would bring broadband connectivity to public parks and lakes. 

The Expanding Public Lands Outdoor Recreation Experiences Act would include increasing broadband connectivity in those visitor centers and surrounding areas as well as create digital passes for visitors to use when going to those parks. 

“The increasing popularity of outdoor recreation is a boon for local economies and job creation, but we must make sure our public land management agencies have the tools, resources, and staff they need to keep up,” said Grijalva. 

The broader legislation looks to improve access to public lands and waters, modernize visitor experiences and reduce overcrowding. 

FCC granted emergency alert development extensions to broadcasters

The Federal Communications Commission granted extensions to certain national broadcasters Wednesday, allowing them more time to acquire equipment needed to comply with national emergency alert system requirements. 

There are two ways that broadcasters can transmit emergency messages, either to devices connected to the internet using what is called the Integrated Public Alert and Warning System or over audio channels, which is referred to as the legacy emergency alert broadcast system. 

Historically, messages sent via IPAWS transmit more information to the recipient than ones that are formatted for being transmitted via the legacy system. Because of that, in 2022 the FCC required emergency broadcasters to alert constituents via the IPAWS unless they were unable to. 

Broadcasters were required to comply with this by December 12 of this year. However the National Association of Broadcasters and REC Networks, a broadcast advocacy group, filed a joint request for a 90-day compliance extension.

They explained that Sage Alerting Systems, a manufacturer of firmware needed to encode and decode emergency messages, is not able to meet supply demands for broadcasters to update equipment by the December 12 deadline. 

As a result, the FCC waived the deadline and granted a 90-day extension to emergency broadcast participants who are customers of Sage Alerting Systems. 

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FCC Fines TracFone, Rip and Replace Extensions, Kansas State Internet Exchange Point

The FCC’s Enforcement Bureau has entered into a settlement with TracFone for subsidy program violations.

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Photo of Kansas Gov. Laura Kelly taken by K-State Research and Extension, 2023.

November 29, 2023 – The Federal Communications Commission announced Wednesday that the Enforcement Bureau and TracFone Wireless, a Verizon Subsidiary, have reached a $23.5 million settlement for TracFone’s violation of broadband subsidy program rules

After TracFone was acquired by Verizon, the company self-reported instances in which it violated the FCC’s regulatory rules for the Lifeline and Emergency Broadband Benefit programs, according to the agency  

During an investigation into TracFone, the agency found that the company reported improperly claiming support for customers jointly-enrolled in subsidy programs and improperly using inbound text messages to make claims for customers who had not been using those services for at least 30 days, according to a press release.

According to the FCC, TracFone also conceded that some of their field enrollment representatives used false tax documents to enroll customers in the lifeline and EEB programs.

“Whether attributable to fraud or lax internal controls, or both, we will vigorously pursue allegations of misconduct that harms critical FCC programs designed to help those most in need of communications-related services,” said Enforcement Bureau Chief Loyaan A. Egal.

As part of the settlement, TracFone has entered into an improvement plan agreement with the Enforcement Bureau.

Wireline Bureau grants more rip and replace extensions 

The FCC’s Wireline Competition Bureau announced in an order Wednesday that it has granted rip and replace extensions to Montana providers Triangle Telephone Cooperative Association Inc. and Triangle Communication System Inc.

The rip and replace program requires service providers to remove and replace any equipment they use that was manufactured by Huawei Technologies Company or ZTE Corporation that were installed prior to June 30, 2020, because of security concerns. 

Triangle Telephone filed for an extension on October 18 and on November 10th, requesting an extension to replace the equipment by Map 29, 2024 as opposed to their original deadline of November 29 of this year.

Triangle Communications filed their request for extension on October 18 and November 16 of this year requesting for additional time up until July 13, 2024, as opposed to January 13, 2024. 

Both petitioners cited supply chain disruptions and delayed equipment delivery as factors preventing them from replacing existing equipment alongside poor weather conditions and a decreasing number of employees. 

Both providers were granted the extensions they had requested. 

Additional funding from Congress has been requested by president Joe Biden to finance the rip and replace program, as a report published by the Federal Communications Commission in July of 2022 noted that the program’s initial $1.9 billion would not be enough to support providers. 

In October of this year the FCC’s Wireline Bureau issued extensions to two other providers who cited that they were unable to completely replace the equipment due to lack of funding. 

Kansas awards $5 million to internet exchange point 

Kansas Gov. Laura Kelly on Wednesday announced that the state had awarded $5 million to help fund the construction of the first carrier-neutral internet exchange point at Wichita State University.

The construction of this carrier-neutral internet exchange point will allow for the operation of cloud services and streaming content networks to operate more efficiently alongside local and regional internet networks, explained a press release. 

The endeavor will be undertaken by Connected Nation, a Kentucky non-profit, and Hunter Newby, founder of Newby Ventures investment firm, working with them to build and operate the internet exchange facility. 

Tom Ferree, CEO of Connected Nation, said that the exchange point will support Wichita State and the economy well “by improving the entire regional broadband landscape — preparing Wichita, and Kansas more broadly, for the future evolution of the Internet and all that it will enable.”

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NTIA Awards $13 Million from Wireless Fund, New Ritter CTO, Middle Mile in Virginia and North Carolina

The NTIA has awarded $13 million to open network projects.

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Photo of Victor Esposito from Ritter Communications.

November 28, 2023 – The National Telecommunications and Information Administration announced Tuesday that it is committing $13 million in grant funding from the $1.5 billion Public Wireless Supply Chain Innovation Fund. 

“The transition to open, interoperable wireless networks is now well on its way — bringing with it greater security, competition, and resiliency,” said NTIA Alan Davidson in a press release announcing the funding, adding the fund will accelerate the transition toward open and interoperable wireless by financially backing research and development. 

The seven projects that will be awarded funding are expected to improve the networks’ security, energy efficiency, and allow them to leverage AI to automate the network testing process. 

The fund is supported by the CHIPS and Science Act of 2022, which aims to invest in domestic manufacturing to improve national supply chain resiliency. 

Ritter Communications new CTO

Telecom service provider Ritter Communications announced Monday that Victor Esposito will serve as the company’s chief technology officer, after having served as its vice president of engineering and network operations. 

In his new role, Esposito will lead all of Ritter’s technology-related teams, read a press release. 

“[Victor] has the leadership, skills and drive to keep us and our customers on the cutting edge of innovation as well as maintaining the company’s steep growth trajectory,” said Ritter Communications president Heath Simpson. 

Esposito joined Ritter Communications in April of this year and will succeed Greg Sunderwood, who served as CTO position for 11 years.

Middle mile to be built in Virginia and North Carolina 

Mecklenburg Electric Cooperative announced Tuesday that it is partnering with Ciena, a networking systems service provider, to help install middle mile infrastructure to serve more than 31,000 customers in Virginia and North Carolina.  

MEC currently services 4,511 square miles in those respective states with its electric distribution system and is partnering with Ciena to deliver low-latency connectivity and aggregate operation technology to better broadband, explained a press release. 

“During our network deployment, we will pass tens of thousands of homes, businesses, and organizations, and we found it unthinkable to miss the opportunity to extend this fiber resource to our communities,” said Dwayne Long, vice president of information technology at MEC. 

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