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Some States Confused about Changes to NTIA Model Challenge Process

The new guidelines specify that only subscribers of 100 * 20 Mbps service will have speed tests accepted.

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Screenshot of the FCC broadband map website

WASHINGTON, September 20, 2023 – The National Telecommunications and Information Association has changed the model challenge process for main broadband program to specify that the agency’s standard will only accept speed tests from locations with extremely high-capacity broadband.

The new guideline, which the NTIA characterizes as a clarification, means that only subscribers of service at 100 Megabits per second (Mbps) upstream and 20 Mbps downstream will have their speed tests accepted.

This specification means that all those considered “underserved” will not be eligible to challenge actual speed measurements with speed tests.

The agency’s model process under the Broadband Equity, Access and Deployment program was first released on June 28 as a template for states to accept and process challenges to their broadband map data ahead of allocating their portions of the $42.5 billion in BEAD funds.

Speed tests, conducted by subscribers while meeting certain methodological standards, show their actual internet speeds are one form of evidence states can accept in these challenges. The program considers areas with access to speeds in excess of 100 Mbps upload and 20 Mbps download – 100 * 20 Mbps – to have adequate broadband access and makes them ineligible for funding. Money is targeted at areas receiving speeds below 100 * 20 Mbps, called “underserved,” and areas receiving below 25 * 3 Mbps, called “unserved” areas.

Other ways to challenge reported coverage

There are other ways reported coverage can be challenged. The availability of reported coverage can be contested, for example, with evidence providers do not offer plans at the speed they are recorded as providing in government data.

The initial release of the model process included the sentence “If the household subscribes to a speed tier of between 25/3 Mbps and 100/20 Mbps and the speed test results in a speed below 25/3 Mbps, this broadband service will not be considered to determine the status of the location.”

In the updated version — changed on August 30, 2023, according to the NTIA’s change logs — does away with this, specifying “only speed tests of subscribers that subscribe to tiers at 100/20 Mbps and above are considered.” 

Screenshot of the updated model challenge process language.

That means, for example, speed tests from a subscribers to a 80 * 10 Mbps plan showing they receive speeds of 23 * 2 Mbps would not be accepted. Only tests from subscribers to 100 * 20 Mbps or faster showing lower speeds would count toward changing that location’s service designation.

The NTIA said this update does not constitute a change in policy, but was made to clarify an existing rule: only locations marked as served can challenge on the basis of speed.

Screenshot of the original model process, stating speed tests from subscribers between 100*20 and 25*3 Mbps showing actual speeds below 25*3 could be used to disqualify the advertised coverage.

The new specification has caused confusion

This has caused confusion in some state broadband offices. Jessica Simmons, executive director of the Georgia Broadband Program said her office was under the impression that consumers who subscribe to an internet plan offering speeds in the underserved range could submit – through an allowed challenger like a nonprofit or state government office – speed tests showing that they receive speeds below the unserved threshold.

“Rather than clarification, it did seem like a policy shift to us,” she said. “We believed it seemed clear that an underserved location could be changed to unserved.”

States are required to submit their challenge processes in the first volume of their BEAD initial proposals – documents outlining implementation plans for the program – on December 27.

Georgia released volume one of its proposal on Tuesday. Simmons and her four-person team made sure to change the language in their proposal to reflect the new model process.

“If it’s coming from the NTIA, you know, we’ve got to get our plan approved,” she said.

In total, 14 states and Puerto Rico have released their volume one. They all base their challenge processes heavily on the NTIA’s model, with all but three adopting it in full. Vermont, Delaware, and Ohio made minor changes that do not relate to speed test processing.

Eight use the language around speed tests from the original model.

Reporter Jake Neenan, who covers broadband infrastructure and broadband funding, is a recent graduate of the Columbia Journalism School. Previously, he reported on state prison conditions in New York and Massachusetts. He is also a devoted cat parent.

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Bruce Kushnick: Look Overseas, America’s Prices for Broadband are Out of Control

America’s prices are 5–10 times higher than comparable data from other countries.

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The author of this Expert Opinion is Bruce Kushnick, New Networks Institute Executive Director.

This chart, taken from the European Union Report on Broadband, shows that a triple play — phone, cable TV, broadband-Internet, can cost about 36 Euros for a service with 30–100 Mbps speeds, and 21 Euros for a stand alone service.

The average U.S. triple play is about $220.00 a month, and with an exchange rate of 1 Euro=$1.09 Dollars, the overcharging, which we documented, is $150+ a month — or more.

The Digital Divide was created, in large part, because prices are unaffordable, and America is now paying for over 20 million low-income families to have broadband — up to $30. a month allowance.

America’s prices are out of control, yet where are the investigations and audits to explain how overseas prices are a fraction of what we are paying in the U.S.? And why are we giving billions to the companies that helped to create the Digital Divide in the first place?

We assembled our previous research with new findings in this new series, using both 3rd party expert analysis as well as actual examples from December 2023, comparing and detailing the out of control US prices vs the services of free Telecom in France and Spectrum-Charter in New York City.

America’s broken promises and the state 5-year broken broadband plans

America’s prices for broadband have made high speed internet unaffordable for many households, Moreover, the pandemic revealed a major Digital Divide where whole areas of the U.S. were never upgraded to fiber optic networks, much less high speed services even over the copper wires. Thus, no competition to lower rates.

And every state now has plans to ‘bridge the Digital Divide’, but in all of the state broadband plans, none have addressed how the Divide started in their state or about the massive financial price divide between America and the EU or Asian countries that charge a fraction of the prices charged in the US.

Over $150 billion is being given out in state and federal government subsidies over the next few years, and much of It going to the companies that helped to create the Digital Divide.

The states must investigate the core issues as they impact almost every FCC, NTIA, FTC, Congressional and state current and future actions.

The opening chart tells the tale of how the European countries did not allow for massive multiple additional made up fees, such as the Broadcast-Sports fee ($27.90 on a Spectrum Triple Play). Moreover, the services do not charge ridiculous prices for equipment, such as set top box, that is required to use the service. Also, because there is competition, customers have choices and prices have not skyrocketed, but are actually going down.

America’s prices are 5–10 times higher than comparable data from other countries

How can America’s prices for the stand-alone, double and triple play — (phone, cable TV and ISP-broadband) be 5–10 times more when comparing data from other countries, as highlighted in the European Union Commission’s report, published July 2022 for the year 2021. And, as the report details, even basic stand-alone high speed broadband prices overseas are a fraction of what we’re paying in the U.S.

  • America’s “Double play” — high speed broadband and phone service — is being overcharged, on average, almost $75 a month — a whopping $900 a year.
  • The “Triple play” is being overcharged by $180 a month on average; this comes to overcharged, over $2,200 for the triple play.

The current triple play in America, after the promotional prices end, is now around $220.00 a month, yet overseas, the average was around $40 a month, but the prices overseas are in decline. However, in some countries, it can be as low as $23.00 for 200 Mbps or more; only $15 for the double play.

According to the EU report, we’ve even been beaten out by Bulgaria, Romania and let’s not forget Slovakia:

  • “Overall, Lithuania and Romania have the most attractive prices for broadband internet in the EU. All the offers in these countries belong to the cluster of the least expensive countries in their respective baskets. Bulgaria, Latvia and Slovakia follow. Poland, Hungary, France and Spain have low prices especially for Triple Play.”

But when the EU report says prices are “attractive”, we are talking $10–12 bucks a month for stand-alone broadband and $20–23 for the triple play, with speed of 200 Mbps or more.

By the way, Bulgaria does get Netflix and their Top 10 shows are close to America’s viewing.

How is it possible that America’s Triple Play is $150-$200 a month over what is being charged overseas? That’s over $2,200.00 a year ‘extra’ being charged to families — including low-income families and fixed income seniors. This is on top of the fact that there could be only one or no providers of high-speed services in the rural regions or in low-income neighborhoods of cities.

It would be one thing if it was a small differential between the overseas EU group and others price of service, but this is a difference that is too large to be ignored.

What are the underlying issues?

No Serious Competition to keep market forces and rate increases at bay. First, AT&T et al. failed to show up with high-speed competition to keep the cable companies, the other group of providers that use a wired connection, in check. For example, in CA, AT&T-Pac Bell had obligations to bring fiber optic broadband throughout the state and our maps showed that much of AT&T’s entire Los Angeles county region had been left to deteriorate and not upgraded as promised with fiber optic infrastructure.

Made-up Fees and surcharges are out of control. One of the sleaziest practices in the US has become the addition of made-up taxes, fees and surcharges that are not mandated or government sanctioned. This is being done so that the companies can quote a price that is missing 20–40% of the total costs,

Made-Up Taxes include:

  • Broadcast and Sports surcharge: $15–24.00 a month
  • Cost Recovery Fee: $1.99–2.99
  • Admin Fees: $1.49-$2.99 per month
  • Pass-through taxes, Gross receipts tax, telecom taxes

The largest and most egregious added fee is now the Sports and Broadcast surcharge, which is really 2 separate charges that have been merged in many cases:

Made-up, Broadcast-Sports Fees Up 820%; Overcharging $250+ a Year — then Quintuple-Taxed, Fee’d and Surcharged.” This article was written in December 2021, and along the way there have been increases bringing the total charge on the Spectrum NY June 2022 bill to $23.70 a month. This one fee on the Spectrum NY Triple play bill is more than the entire charges for a triple play in many overseas EU countries.

This charge went up to $27.90 a month extra in 2023. That is an overall increase of 1,140%.

  • Quadruple Taxed, Fee’d and Surcharged. — If the increases to this one fee is not enough, there are made-up taxes, fees and surcharges being applied to this fee as it is considered ‘revenue’ to the company and is taxed as such. And some of these surcharges are actually tax pass-throughs where the company gets to have the customer pay the company’s taxes.
  • It is impossible to calculate the exact tax assessment as there is no ‘Rosetta Stone’ to be able to unravel how each tax, fee and surcharge is applied.

But, considering that basic telecom taxes can be 12–20% depending on the city and state, if a 15% tax is applied, that would add an additional $3.55 more per month.

  • Not included in the advertised price: To add irony to obfuscation, this fee is never included in the advertised rates, nor is it added completely in the promotional price, making the increases after the promotion even more egregious.
  • Not included in the EU statistics for the U.S. Triple Play: Ironically, the EU informed us that they do not include the extra charges and fees in the US because — well, the other countries only have a VAT (Value Added Tax), and not the made-up fees.
  • No Oversight, No Audits; Regulators Failed U.S.: The idea that a state-franchised cable service or the Holding Companies that control the state telecommunications public utility can just make up fees and add them to bills with no one asking for a cost analysis or some other justification to raise this make-believe charge, should have the peanut gallery screaming.
  • Public has Amnesia: No one knows who these local telecom companies are or what they’ve been able to get away with. And virtually no one could answer basic questions about who the companies are or the services they offer.
  • Let’s give government subsidies to keep America in a perpetual state of “Please Sir May I have another?” Currently there are subsidies being given to low-income families to go online, which are then handed over to the same companies that have caused this Divide in the first place; i.e.; a new flavor of Corporate Welfare. We will address these issues in an upcoming story.

The telecom holding companies that control the critical infrastructure wires, towers and antennas created the Digital Divide. They also control the pricing of all services, wireline, wireless, broadband, internet and even cable, and as we will discuss, they also were able to manipulate the accounting formulas to have the state telecom utility act as a cash machine to fund, illegally, the other lines of business.

America must go after these cooked books and must clean up the mess. There is plenty of money to get America upgraded, and it must be seen as the first step in LA County to clean up the mess and decades of public policy and regulatory issues.

Government subsidies, both state and federal, to companies who have created the Digital Divide and can control the prices and profits over the public utility wires needs immediate investigations — not more gifts of largesse.

Bruce Kushnick is Executive Director of New Networks Institute and a founding member of the Irregulators. He has been a telecom analyst for 40 years, and playing the piano for 65 years. A version of this piece originally appeared on Medium on January 9, 2024, and is reprinted with permission.

Broadband Breakfast accepts commentary from informed observers of the broadband scene. Please send pieces to commentary@breakfast.media. The views expressed in Expert Opinion pieces do not necessarily reflect the views of Broadband Breakfast and Breakfast Media LLC.

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Broadband Mapping & Data

Broadband Measurement Summit Announced for March 7

With state broadband challenges underway, Broadband Measurement Summit brings BEAD into dialogue with FCC nutrition labels.

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WASHINGTON, January 9, 2024 – Broadband Breakfast is pleased to announce the Broadband Measurement Summit on Thursday, March 7, in Washington, D.C.

This new one-day event will run from 8:30 a.m. to 3:30 p.m. and brings together the top stakeholders in understanding broadband speeds, prices, availability, reliability and competition. The Summit is in-person, but with a webcast component.

The Early Bird price of $195 available until Friday, February 9, 2024. Existing Breakfast Club Members take an additional $100 off the in-person event.

Sign up for the Broadband Measurement Summit, and visit the event page for updated information about panelists, keynotes and sponsors.

PANEL 1: THE CHALLENGE PROCESS FOR STATE BROADBAND OFFICES

Many state broadband offices are about to begin their broadband mapping challenges under the Broadband Equity, Access and Deployment grant program. This is a process for states to verify locations that are unserved (i.e., they lack access to 25 Megabits per second (Mbps) * 3 Mbps broadband), and locations that are underserved (i.e., they lack access to 100 Mbps * 20 Mbps broadband). A few advanced states have already begun, or have already completed the process. What have they learned? What “challenges” are they facing? What’s next for broadband mapping?

PANEL 2: THE VALUE OF MAPPING ASSETS BEYOND BEAD

Besides current broadband challenges, what geospatial, demographic, and operational information is important for BEAD implementation? In particular, what geospatial information do investors and operators of broadband networks need to better deploy broadband? This session will consider why mapping assets is valuable well beyond the BEAD program.

PANEL 3: THE FCC’S BROADBAND NUTRITION LABELS

As if the National Telecommunications and Information Administration’s BEAD program wasn’t enough, the Broadband Measurement Summit will consider the current status of the Federal Communications Commission’s broadband “nutrition” labels. By April 10, 2024, larger ISPs must display these new Broadband Consumer Labels at the point of sale. They must use clear, easy-to-understand, and accurate information about the cost and performance of broadband services. Internet service providers with 100,000 or fewer subscriber lines must do so by October 10, 2024. How is the FCC’s nutrition labels process going?

PANEL 4: MEASURING AND TRACKING BROADBAND PRICING

The Biden Administration’s “Internet for All” program emphasizes the important role of affordable broadband. That’s one reason that the Affordable Connectivity Program has loomed so large in discussions of America’s broadband buildout. What does the evidence show about the price of broadband in the United States versus other Western nations? How does it vary by location? As part of the more detailed and granular broadband mapping and data now being collected, is broadband pricing data being left out?

SPONSORED BY

BroadbandNow is a data aggregation company helping millions of consumers find and compare local internet options. BroadbandNow’s database of providers, the largest in the U.S., delivers the highest-value guides consisting of comprehensive plans, prices and ratings for thousands of internet service providers. BroadbandNow relentlessly collects and analyzes internet providers’ coverage and availability to provide the most accurate zip code search for consumers.

Broadband Measurement Summit Program

 


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NTIA Endorses FCC’s Proposed Increase of Broadband Speed Benchmark

The FCC sought comment on upping the definition to 100 * 20 Mbps.

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Graphic by Richard Patterson.

WASHINGTON, January 3, 2024 – The National Telecommunications and Information Administration is backing the Federal Communications Commission’s proposal to alter the definition of broadband to increase the speed benchmark. 

The current definition, set in 2015, requires a speed of 25 Megabits per second download and 3 Mbps upload for internet service to be considered broadband, or high-speed internet. The commission sought comment in November on a proposal to increase that threshold to 100 * 20 Mbps, in addition to using more data sources in its assessment of broadband availability in the U.S.

NTIA officials met with commission staff on December 21 to express support for the move, according to an ex parte letter the agency filed last week. 

“We support the Commission’s proposal to raise the speed threshold for fixed broadband to 100 Mbps downstream and 20 Mbps upstream,” the agency wrote, saying a higher benchmark would better reflect user needs and bring the standard in line with the Infrastructure Act’s Broadband Equity, Access and Deployment program, which the NTIA is tasked with managing.

That $42.5-billion broadband expansion effort already has a 100 * 20 Mbps benchmark, meaning infrastructure funded by the program will be required to provide at least that speed, and areas currently receiving slower internet will be eligible to be served with BEAD funded infrastructure. Homes and businesses receiving less than the current FCC benchmark of 25 * 3 Mbps are given special priority.

The commission is required by section 706 of the Telecommunications Act of 1996 to conduct annual assessments of the “availability of advanced telecommunications capability to all Americans.” In the same November notice of inquiry, the FCC proposed adding a number of new data points to that assessment, including latency, affordability, adoption, and equitable access among minority groups. That will partly be facilitated by the commission’s new Broadband Data Collection database, which has more precise information from internet providers.

The NTIA endorsed all of that as well, writing: “The Section 706 inquiry has the potential to serve as an important indicator of our nation’s progress toward achieving digital equity, and it will be best equipped to do so if it examines the available data on a wide range of challenges in this field.”

The agency added that it is working on a project with the Census Bureau to estimate broadband adoption in small geographic areas.

Industry response

In comments to the commission, broadband industry groups expressed broad support for the 100 * 20 Mbps benchmark, but some disagreed on the commission’s proposed long-term goal of 1 Gbps * 500 Mbps – something the NTIA did not touch on.

CTIA, a trade group representing wireless providers, wrote that while the commission noted some situations in which users require more than 100 * 20 Mbps, “none of these justifies a fixed broadband benchmark above 100 * 20 Mbps, even as a long-term goal.” That’s a view shared by WISPA, an association of wireless broadband providers.

NTCA, which represents small and rural broadband providers, advocated for an even higher long-term goal, but did not specify an exact number. Trade group INCOMPAS pushed for setting the download benchmark to 1 Gbps now, rather than in the future.

USTelecom, another broadband industry group, said the long-term 1 Gbps * 500 Mbps goal would be impractical, as the only technology capable of providing those speeds is fiber-optic cable.

“There are locations where deployment of fiber is not practical now and may never be,” the group wrote in comments to the Commission.

CTIA also opposed adding non-deployment metrics like adoption and affordability to the 706 inquiry, arguing that reporting requirements for existing Universal Service Fund programs are a better venue for assessing them.

This story was updated to reflect the current definition of broadband, 25 * 3 Mbps.

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