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Vol. 19, No. 44

November 6, 2023

UPCOMING EVENTS


November 8 | 3 p.m. ET

The Scoop on Generative AI, presented by Nelson Mullins


March 5, 2024

The 2024 INCOMPAS

Policy Summit

Washington, D.C.

INCOMPAS

IN THE NEWS


Fierce Telecom

FCC Seeks Input on Upgrading National Broadband Speeds

MEMBER NEWS


Arcadian Infracom and the California Department of Technology Expand Middle-Mile Fiber Partnership


Surf Internet Empowers Growth with CDG’s MBS Cloud – Operations and Revenue Platform


DC BLOX Acquires 55 Acres and Commences Construction of a 180MW Data Center Campus in Douglasville, Ga.


GoNetspeed Concludes Construction in Amherst, Delivering 100% Fiber Internet to First Massachusetts Community


Google Fiber Officially Names Rocco Laurenzano Chief Operating Officer


Google Fiber Webpass Now Available in Charlotte


Ting Selected as Blue Suede Networks’ Fiber Internet Service Provider


Zayo Says AI is Already Driving Demand for Fiber

COMMENT

DEADLINES


November 14

Reply Comments Due on Selection Process for New LNP Administrator


November 21

Reply Comments Due on Enhanced A-CAM NOI


Reply Comments Due on 5G Fund for Rural America FNPRM


November 29

Comments Due on Access to Numbering Resources 


December 14

Comments Due on NPRM to Reclassify Broadband Under Title II


Comments Due on Reconsideration of RIF Remand Order


December 29

Reply Comments Due on Access to Numbering Resources 


January 17

Reply Comments Due on NPRM to Reclassify Broadband Under Title II


Reply Comments Due on Reconsideration of RIF Remand Order

Webinar This Thursday:

Get the Scoop on Generative AI

2023 is the year that generative AI has captured headlines, but what is the hype all about?


Join Nelson Mullins Riley & Scarborough LLP partners Steven Augustino and Jason Epstein for The Scoop on Generative AI webinar on Wednesday, November 8 at 3 p.m. ET.


During this webinar, they will discuss:

  • What generative AI is
  • What business applications exist for generative AI
  • The legal and policy issues users will encounter
  • Strategies businesses are using to identify use cases for generative AI technologies
  • How to incorporate terms and conditions that account for risks associated with this new technology


With technology evolving at a rapid speed, it is crucial to consider the potential role of generative AI in your organization and how it impacts your business. This webinar is suitable for the business audience, as well as legal and regulatory personnel.


Advance registration is required. Even if you are unable to attend the live event, please register to receive exclusive access to view the webinar on-demand.

REGISTER

NTIA Releases Waiver Letter of Credit Waiver for BEAD NOFO

Last week, the NTIA released a programmatic waiver of the Letter of Credit (LOC) requirement in the BEAD Notice of Funding Opportunity (NOFO). Under the NOFO, prospective subgrantees must provide an irrevocable standby LOC to the eligible entity (i.e., the 50 states, five territories and the District of Columbia) before entering into a sub-grantee agreement. The amount of the LOC must be no less than 25% of the sub-award amount. This requirement helps states and territories ensure that potential BEAD applicants have the financial capacity to deliver reliable, affordable high-speed Internet service.


However, to address concerns raised by industry and other trade groups that the LOC requirement may have an adverse effect on smaller providers and could prevent them from participating in the BEAD program, NTIA’s waiver modifies the LOC requirement for sub-grantees of all eligible entities in the following ways: 

  • Allows credit unions to issue LOCs
  • Allows use of performance bonds
  • Allows eligible entities to reduce the obligation upon completion of milestones
  • Allows for an alternative initial LOC or performance bond percentage


In response to this, INCOMPAS CEO Chip Pickering said, "the NTIA has been relentless in their mission to bridge the digital divide and work with ISPs to ensure the BEAD money goes as far as possible to reach everyone's goal of Internet for All. Today’s announcement highlights their willingness to work with industry to address their concerns and find solutions that accomplish the overarching policy goals."


"INCOMPAS supports the alternative options that NTIA has issued which will allow subgrantees to use performance bonds in lieu of the Letter of Credit and for these requirements to also decrease over time based on meeting certain project milestones," he added. "These options not only help expand the opportunities for more providers to apply for the BEAD Program and be considered for the grant funding but also ensures there is greater flexibility and accountability in the process. Competition is key to ensuring lower prices and greater access, and this move is a clear indication that the NTIA recognizes that and wants to ensure this program is successful."

FCC Launches Inquiry to Increase Minimum Broadband

Speed Benchmark, Set Gigabit Future Goal

The FCC will launch an inquiry to kick off the agency’s evaluation of the state of broadband across the country, as required by Section 706 of the Telecommunications Act of 1996. As part of this inquiry, the FCC will focus on the universal service goals of Section 706—universal deployment, affordability, adoption, availability and equitable access to broadband throughout the United States.


In light of the increasing uses and demands for broadband and the Congressional directives embodied in the Bipartisan Infrastructure Law, which includes the largest ever federal investment in broadband deployment, this Notice of Inquiry (NOI) will take a fresh look at the FCC's standards for evaluating broadband deployment and availability, the quality of the FCC's available data, and the framework that the agency uses to make a finding under Section 706.


In addition to focusing on a universal service standard, the NOI proposes to increase the national fixed broadband speed benchmark to 100 megabits per second for download and 20 megabits per second for upload, and discusses a range of evidence supporting this standard. The FCC previously set the benchmark at 25/3 Mbps in 2015 and has not updated it since. The NOI also seeks comment on setting a separate national goal of 1 Gbps/500 Mbps for the future.


Lastly, this inquiry will be the first to use the new Broadband Data Collection (BDC) data. In March 2020, Congress passed the Broadband DATA Act, which required the FCC to collect biannual data relating to the availability and quality of service of fixed and mobile broadband Internet access service for the FCC to create broadband coverage maps. Pursuant to the Act, the FCC now collects more precise, location-by-location broadband availability data through the BDC. Through this inquiry, the FCC will examine how these improvements to our data collection may impact the standards and inform the agency’s conclusions about broadband availability.

CPUC Seeks Consumer Input on Internet Access and Connectivity

The California Public Utilities Commission (CPUC), in its commitment to help bridge the digital divide, will hold two virtual public forums on Wednesday, November 8, 2023 at 2 p.m. and 6 p.m. PT for consumers to offer input regarding quality and accessibility of high-speed broadband in their communities.


These public forums provide an opportunity for the public to engage with the CPUC regarding access to essential communications services and service quality, particularly pertaining to access concerns raised in the CPUC’s proceeding to implement the BEAD Program. Consumers are encouraged to discuss all aspects of broadband service, especially whether broadband service affects access to critical information and vital services such as education, job search resources, and healthcare. Additionally, the CPUC is interested in hearing about difficulties encountered with the quality and accessibility of internet service.

White House Issues Order on Safe, Secure, Trustworthy AI

President Biden issued a landmark Executive Order to ensure that America leads the way in seizing the promise and managing the risks of artificial intelligence (AI). The Executive Order establishes new standards for AI safety and security, protects Americans’ privacy, advances equity and civil rights, stands up for consumers and workers, promotes innovation and competition, advances American leadership around the world and more.


As part of the Biden-Harris Administration’s comprehensive strategy for responsible innovation, the Executive Order builds on previous actions the President has taken, including work that led to voluntary commitments from 15 leading companies to drive safe, secure and trustworthy development of AI.

Reps. Introduce Last Acre Act to Expand Rural Broadband

Reps. Brad Finstad (R-MN) and Yadira Caraveo (D-CO), members of the House Agriculture Committee, introduced the Linking Access to Spur Technology for Agriculture Connectivity in Rural Environments (LAST ACRE) Act. This legislation would expand high-speed broadband internet access throughout rural communities by establishing a Last Acre Program within the USDA’s Office of Rural Development. 


While existing programs at USDA support “last mile” broadband deployment, extending networks to underserved households in rural America, the LAST ACRE Act would create a new competitive grant and loan program at USDA to expand high-speed broadband internet access across eligible farmland, ranchland and farm sites. 

INCOMPAS | www.incompas.org
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