Connect with us

Broadband Roundup

FCC Fees Jurisdiction Challenge, Rip and Replace Shortfall, Report on Broadband Investment High

TechFreedom cites Supreme Court’s EPA decision as limit on FCC authority to broaden agency fees.

Published

on

Photo of Jonathan Spalter, CEO of USTelecom

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.

Contributing Reporter Teralyn Whipple, who joined Broadband Breakfast in 2022, studied marketing at Brigham Young University. She has reported extensively on broadband infrastructure, investments and deployment. She has also headed marketing campaigns for several small companies.

Continue Reading
Click to comment

Leave a Reply

Broadband Roundup

NTIA Plans AI Review, Section 230 AI Bill, FCC Announces More ECF Funding

The NTIA announced how it will address President Biden’s executive order on AI.

Published

on

Photo of Sen. Josh Hawley taken 2022 by Gage Skidmore

December 14, 2023 – The National Telecommunications and Information Administration announced at an event hosted by the Center for Democracy and Technology Wednesday its intention to develop a plan to review artificial intelligence models.

President Joe Biden’s recent sweeping AI-focused regulatory executive order requires the Commerce agency to review all the risks and benefits of AI models. 

To meet those requirements, the NTIA’s review will assess the risk posed by open AI models, the benefits of competition present in the AI market, and potential regulatory moves to mitigate risks from openness. 

The NTIA is heavily concerned with looking at how open AI models are, which refers to the fact that AI development and methods are public. Dual-use foundation models, which are behind things like chatbots, are widely available and a main subject of regulatory investigation for the NTIA.  

NTIA head Alan Davidson said the country “will only realize the promise of AI if we also address the serious risks it raises. This project will seek policies that promote both safety and allow for broad access to AI tools.”

Coalition opposes Section 230 AI bill

A coalition of organizations, such as think tanks TechFreedom and R Street Institute, opposed in a letter on Monday legislation that would remove any liability immunity for AI-generated content on platforms, arguing such content is already prevalent on many websites. 

The legislation put forth by Sens. Josh Hawley, R-Missouri, and Richard Blumenthal, D-Connecticut, and called the Hawley-Blumenthal No Section 230 Immunity for AI Act, would remove protections for such content under Section 230 of the Communications Decency Act. 

“The now widespread deployment of AI for content composition, recommendation, and moderation would effectively render any website or app liable for virtually all content posted to them,” the opposition letter said.  

Signatories added that the legislation would erode the broad and nationwide efficacy of Section 230 by tacking on circumstantial liable entities — that being online social services when they integrate AI tools into their platforms. 

The letter adds that placing liability on social sites would be unfair if the user relied on AI to make content, that the act disincentivizes generative AI tools by forcing online sites to forgo them, and that it will make content moderation more difficult by not letting online sites harness AI to moderate content on the platform. 

FCC announces more ECF funding  

The Federal Communications Commission announced Thursday that it is committing over $450,000 in additional funding for the Emergency Connectivity Fund Program. 

The funding announcement will go toward assisting nearly 1,000 students, according to a press release.  

The ECF provides connectivity assistance when students are away from school. 

The Homework Gap remains a serious challenge for today’s students and families. This funding is a vital investment that helps ensure everyone who counts on schools and libraries can get the connections they need to thrive in the digital age,” said FCC Chairwoman Jessica Rosenworcel.

The ECF launched in 2021 and has to date allocated $7.09 billion of its $7.17 billion in funding. 

Continue Reading

Broadband Roundup

Labor Extends Tower Safety Deal, White House AI Session, Digital Inclusion Initiative

The 5-year deal hopes to limit accidents on tower builds.

Published

on

Photo of Dave Kelser, Electronics Technician, TKN from Flickr.

WASHINGTON, December 13, 2023 – The Labor Department announced Tuesday the extension of a strategic collaboration with the Federal Communications Commission and a contractor association to prevent fatalities, injuries, and illnesses often encountered by workers in the telecommunications industry.

The renewed five-year commitment between Labor’s Occupational Safety and Health Administration, the FCC and NATE: The Communications Infrastructure Contractors Association aims to develop best practices to address the root causes of various hazards faced by tower technicians, including falls from heights, high-energy electrical contact, falling objects, tower collapses, and inclement weather conditions during tower construction and maintenance activities.

The partners will also establish job-specific safety and health training for supervisors and foreperson, telecommunications tower technicians, project managers and project supervisors.

Over 65 percent of wireless tower technicians have worked on sites where someone sustained injuries, and nearly one-in-five workers know someone who has been killed on the job, per a safety survey conducted by the Communications Workers of America.

Most respondents report their employers enforcing rules or work conditions that could jeopardize safety.

The timing of this renewed agreement comes as the association’s member companies and their technicians play a frontline role in building out networks as part of the Broadband, Equity, Access, and Deployment program, funding from which is expected to reach states in 2024.

In preparation for the BEAD rollout, the partnership is aiming to mitigate issues through outreach, training, and technical assistance.

White House AI Council convenes for inaugural session

Members of the Joe Biden administration convened for the inaugural session of the White House AI Council on Tuesday to strategize the execution of President Biden’s AI executive order.

During the meeting, officials discussed methods to attract skilled individuals to government roles, protocols for safe testing of new AI models, and strategies to mitigate risks including fraud, discrimination, and privacy concerns.

Additionally, the gathering addressed the recently announced U.S. Artificial Intelligence Safety Institute, initiated by the Department of Commerce’s National Institute of Standards and Technology last month.

The participants received a classified briefing from the president’s national security team to discuss the international dimensions and capability of AI, according to The Hill, citing a White House official.

Among the attendees were Cabinet members including Secretary of State Antony Blinken, Secretary of Commerce Gina Raimondo, and Health and Human Services Secretary Xavier Becerra, Secretary of Transportation Pete Buttigieg, Secretary of Energy Jennifer Granholm, and Secretary of Veterans Affairs Denis McDonough.

The White House AI Council is set to convene regularly, in line with its establishment within Biden’s comprehensive executive order on AI. Notably, the order mandates the reporting of information regarding the testing and subsequent outcomes of models posing risks to national security, economic stability, or public health to the federal government.

NDIA launches resource collection for advancing digital inclusion initiatives

The National Digital Inclusion Alliance announced Wednesday it is launching an open collection of 591 verified resources and documents for researchers, advocates, and local governments to utilize in advancing digital inclusion initiatives.

The available resources span a wide range, including awarded grant applications, budgets and financial plans, job descriptions, and comprehensive digital equity strategies.

The materials are sourced from 47 communities across the country, which NDIA recognized today as 2023 Digital Inclusion Trailblazers. The communities were chosen because they consistently demonstrate contemporary best practices in the rapidly growing digital inclusion field.

Alongside the new interactive resource base, NDIA has launched an interactive map and a searchable database to enhance accessibility to these invaluable resources.

See the resource database and list of 47 communities recognized as 2023 Digital Inclusion Trailblazers here on NDIA’s website.

Continue Reading

Broadband Roundup

Google Loses to Epic Games, $120 Million Idaho Broadband, New Google Fiber Exec

Google has been found guilty in an antitrust trial brought on by video game company Epic Games.

Published

on

Photo of Epic Games CEO Tim Sweeney, taken 2016.

December 12, 2023 – A California jury found Google guilty on Monday of engaging in anticompetitive conduct over the distribution of the app of video game company Epic Games. 

The verdict form out of the Northern District of California affirmed that Google’s operating system Android engaged in anticompetitive conduct in the distribution market and the market for in-app billing services for digital goods and services transactions. 

Epic, the creator of popular game Fortnite, accused the search giant in 2020 of gatekeeping which other app stores Epic could host its content on and for forbidding the game maker from charging customers for in-game purchases through the app, thereby bypassing the Android store fee. 

Epic alleged the tech giant made it restrictive to distribute its apps elsewhere by engaging in agreements with device manufacturers and competitors to exclude other app stores. 

In their verdict, the jury determined that Google’s practice of forming those kinds of agreements along with practices like the Games Velocity Program, which Google has said offers incentives for developers to launch their apps on Google Play, were anticompetitive.   

In a blog post about the finalized antitrust trial, Epic Games cited the verdict as a win for all app-developers, a sentiment that was echoed by Epic CEO Tim Sweeney in an X post, in which he said “Victory over Google!” 

The court is expected to decide the consequences of the verdict next month. 

Idaho awards $120 million to broadband projects

The Idaho Broadband Advisory Board announced Thursday the allocation of $120 million in funding to 18 broadband projects. 

The funding is coming from the Idaho Capital Projects Fund, which is part of the U.S. Treasury Department’s Capital Project Fund of $10 billion provided to states and territories and tribal governments to, in part, improve broadband connectivity and access in unserved and underserved areas. 

Winners included Ziply Fiber, Comcast and individual counties. Projects received financing anywhere from just over $2 million up to $15 million. 

“These awarded projects are another important step in furthering the Idaho Broadband Advisory Board’s mission of ensuring that all Idahoans have access to affordable and reliable internet,” said IBAB chair John Vander

“These grants are the culmination of months working together and engaging stakeholders, local communities and internet providers all across the State,” said Idaho Broadband Program manager Ramón Hobdey-Sánchez. 

Google Fiber names new chief technology and product officer

Google Fiber announced Tuesday that John Keib will be the company’s first chief technology and product officer, overseeing supply chain efforts and product and engineering departments. 

Keib originally joined Google Fiber in 2019 as vice president of product and has been working on building internet services with improved speeds and quality, said a press release. 

Prior to working at Google Fiber, Keib served as COO for residential services at Time Warner where he worked in sales, marketing, customer service and technical operations. 

“John’s visionary leadership is critical to GFiber’s ability to truly push the boundaries of what ISP can be,” said Google Fiber CEO Dinni Jain in a press release. “With product, engineering, and GFiber Labs under his guidance, we’re very lucky to have him setting both the path for where we’re going and the bar for what we need to be as a company.” 

Continue Reading

Signup for Broadband Breakfast News



Broadband Breakfast Research Partner

Trending