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Vol. 19, No. 43

October 30, 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.

MEMBER NEWS


Boldyn Networks Named Finalist for U.S. Broadband Awards 2023



GoNetspeed Connects Plymouth with 100% Fiber Internet


Google Fiber Goes Gig with 20-Gig Plan


Netflix Adds 8.76 Million Subscribers in Q3, Bumps Premium Plan Price


Sinch Announces New Operating Model to Accelerate Growth


Smartaira Appoints Darren Rish as CEO



Spectrotel Hires Robert Fish to Lead South Region Channel Sales


CLATA Telecom Brings Tarana’s ngFWA Broadband Technology to African Service Providers


TNS Robocall Report – Top US Carriers Extend STIR/SHAKEN Gains, with Growing Need to Support Smaller Service Providers


Zayo's Bill Long: How Middle Mile Investments Close the Digital Divide

COMMENT

DEADLINES


October 31

Comments Due on Selection Process for New LNP Administrator


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

Get the Scoop on Generative AI in Nov. 8 Nelson Mullins Webinar

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

INCOMPAS Files FCC Reply Comments on Improving and Streamlining the E-rate Program

INCOMPAS last week filed reply comments in response to the FCC's Further Notice of Proposed Rulemaking (FNPRM), which seeks comment on ways the FCC can simplify and streamline the E-rate process.


INCOMPAS underscored member Uniti Fiber's comments that the "FCC's competitive bidding requirements are the keystone to a fair, open, and competitive E-Rate program.” And, like Uniti, the association also “support[s] the FCC’s competitive bidding rules and welcome[s] this opportunity to recommend several changes to improve and strengthen these requirements to further buttress efficient and effective competition.”


In its comments, INCOMPAS noted that it agrees with several recommendations related to improving the process for: 

  • Transitioning services from one provider to another during the E-rate funding year
  • Applicants being able to receive E-rate funding for mid-year bandwidth increases
  • Invoice deadlines, including the current waiver standard
  • Red light status

White House Requests $6 Billion More in ACP Funding

and $3.1 Billion for Rip-and-Replace Program

The White House last week asked Congress for supplemental funding to support “critical domestic needs.” The request included $6 billion for the Affordable Connectivity Program (ACP) and $3.1 billion to cover the funding shortfall for the FCC’s Secure and Trusted Communications Networks Reimbursement Program, also known as the “Rip-and-Replace” program to remove, replace and destroy network equipment and services deemed to be a national security risk.


The Administration continues to call on Congress to reach a comprehensive, bipartisan agreement to fund the government, which is critical for a number of bipartisan priorities – including child care, nutrition assistance, public health, research and development, and national security. In the meantime, in order to advance critical domestic priorities and address urgent needs, the Biden-Harris Administration is calling on Congress to provide additional domestic resources that will:

  • Continue to Expand Access to High-Speed Internet Across America - In the 21st century, affordable, reliable high-speed internet is a necessity for Americans to do their jobs, participate equally in school learning, access healthcare and stay connected. But too often, high costs create a barrier and tens of millions of families, students, and seniors are left without access to high-speed internet, or have to sacrifice other necessities to pay their internet bill, exacerbating underlying inequities. The ACP, enacted under the Bipartisan Infrastructure Law, is already helping over 21 million households save over $500 million per month on their monthly internet bills. The program is also critical for the Administration’s high-speed internet deployment programs for rural, remote, and Tribal communities. Without this funding, tens of millions of people would lose this benefit and would no longer be able to afford high-speed internet service without sacrificing other necessities. The Administration is requesting additional funds to strengthen the program by extending free and discounted high-speed internet for eligible households through December 2024.
  • Protect American Security and Bolster Energy Independence - Fully reimburse eligible communications providers for the ongoing removal of insecure equipment and software from communications infrastructure that may pose a national security threat to the United States.


In response to the White House announcement, INCOMPAS President Angie Kronenberg stated, “Resources continue to flow towards building out our nation’s networks to create robust, reliable, fast connectivity. However, an important component is ensuring it’s affordable and accessible to everyone. The Affordable Connectivity Program has enrolled more than 21 million low-income households so that they have an opportunity to participate in our digital society. This program is so important to so many. We are thrilled to see the White House include funding for ACP in its supplemental request, and we urge Congress to act on this matter swiftly.”

FCC Announces Agenda for November 15 Open Meeting

The FCC announced the tentative agenda for its Wednesday, November 15 Open Meeting, which includes:

  • Preventing Digital Discrimination – The FCC will consider a Report and Order and FNPRM to establish a framework to facilitate equal access to broadband internet access service by preventing digital discrimination of access and seek additional comment on matters pertaining to the FCC's administration of Section 60506 of the Infrastructure Investment and Jobs Act and our efforts to facilitate equal access. 
  • Empowering Survivors of Domestic Violence – The FCC will consider a Report and Order that would adopt rules to implement the Safe Connections Act of 2022 to help survivors of domestic violence and similar crimes separate lines from shared mobile accounts that include their abusers, protect the privacy of calls made by survivors to domestic abuse hotlines, and support survivors who face financial hardship through the FCC's affordability programs. 
  • Understanding Impacts of Artificial Intelligence on Robocalls and Robotexts – The FCC will consider a Notice of Inquiry seeking to better understand the implications of Artificial Intelligence technologies as part of the FCC's ongoing efforts to protect consumers from unwanted and illegal telephone calls and text messages under the Telephone Consumer Protection Act (TCPA). 
  • Protecting Consumers from SIM Swapping and Port-Out Fraud – The FCC will consider a Report and Order and FNPRM that would adopt rules to protect consumers from SIM swap and port-out fraud, two fraudulent practices that bad actors use to take control of consumers’ cell phones, and would also seek comment on whether to harmonize the FCC's existing requirements governing customer access to customer proprietary network information with the new SIM change authentication and protection measures in the Report and Order. 
  • Amending Amateur Radio Rules for Greater Flexibility in Data Communications – The FCC will consider a Report and Order and FNPRM that would eliminate the symbol rate (also known as baud rate) limitation and establish a bandwidth limitation that would provide flexibility to use modern digital emissions, thereby promoting innovation and experimentation in the amateur service. The item would also propose the removal the baud rate limitation in several additional bands. 
  • Reducing Regulatory Requirements for Rural Provider of Long-Distance Access Service – The FCC will consider a Declaratory Ruling and Memorandum Opinion and Order that would grant the Minnesota Independent Equal Access Corporation (MIEAC) relief from dominant carrier regulation with respect to its provision of centralized equal access (CEA) service, and regulate MIEAC as a non-dominant competitive LEC for this service going forward. In light of declining demand, intervening exchange access service regulatory reforms, and technological changes in the voice services marketplace generally, dominant carrier regulation of MIEAC’s CEA service is no longer necessary to serve the public interest.


Sen. Welch Leads Bipartisan Letter Calling on NTIA

to Streamline Broadband Funding for Rural America

Sen. Peter Welch (D-VT) led 13 of his Senate colleagues - Sens. Tammy Baldwin (D-WI), Michael Bennet (D-CO), Ted Budd (R-NC), Shelley Moore Capito (R-WV), Martin Heinrich (D-NM), John Hickenlooper (D-CO), Cindy Hyde-Smith (R-MS), Amy Klobuchar (D-MN), Ben Ray Luján (D-NM), Gary Peters (D-MI), Bernie Sanders (I-VT), Kyrsten Sinema (I-AZ) and Roger Wicker (R-MS) - in calling on the Department of Commerce and the National Telecommunications and Information Administration (NTIA) to expand the accessibility of the Broadband, Equity, Access and Deployment (BEAD) program to unconnected regions across the country.


The letter urges Secretary of Commerce Raimondo and Assistant Secretary of Commerce Davidson to consider alternatives to the BEAD program’s irrevocable standby Letter of Credit (LOC) requirement, which can prevent Internet Service Providers best positioned to connect unserved and underserved Americans from participating in the BEAD program. 

Legislation to Provide More Transparency on AI-Generated Content

Sens. Brian Schatz (D-HI) and John Kennedy (R-LA) introduced bipartisan legislation to provide more transparency on content generated by artificial intelligence (AI). The new bill would help ensure people know when they are viewing AI-made content or interacting with an AI chatbot by requiring clear labels and disclosures.


The Schatz-Kennedy AI Labeling Act would:

  • Require that developers of generative AI systems include a clear and conspicuous disclosure identifying AI-generated content and AI chatbots
  • Make developers and third-party licensees take reasonable steps to prevent systematic publication of content without disclosures
  • Establish a working group to create non-binding technical standards so that social media platforms can automatically identify AI-generated content

Senate Commerce Committee Holds Hearing on Robocalls

Sen. Ben Ray Luján (D-NM), Chair of the Subcommittee on Communications, Media and Broadband, convened a subcommittee hearing last Tuesday titled “Protecting Americans from Robocalls.” The hearing examined how robocallers are evading enforcement, considered public-private efforts to combat illegal robocalls and investigated what next steps are needed to protect Americans from fraudulent and illegal text messages and calls. 


Witnesses included: 

  • Margot Saunders, Senior Attorney, National Consumer Law Center
  • Megan Brown, Partner, Wiley Rein, U.S. Chamber of Commerce representative
  • Josh Bercu, Executive Director, Industry Traceback Group; Vice President Policy and Advocacy, USTelecom
  • Mike Rudolph, Chief Technology Officer, YouMail


View the hearing on-demand here.

Sen. Capito Calls for Prompt FCC Action on Utility Poles

Sen. Shelley Moore Capito (R-WV) wants the FCC to act in a "prompt" manner to revamp rules governing utility pole upgrades to attach broadband equipment, saying providers still face steep obstacles amid pole access and cost-sharing disputes.


In a recent letter, Sen. Capito said she is still hearing rampant reports from the Mountain State of broadband companies being unable to use poles in a timely fashion, risking delays in the use of federal funds for deployment. The issue has been a top priority for Capito because West Virginia's rugged topography precludes large-scale use of underground cable to run internet service.


Capito is primarily concerned with broadband providers being able to access poles quickly and making sure they don't pay excessive fees to use them. On the other side of the complex issue, however, utilities generally say the current cost-sharing system works and that they frequently bear the bulk of costs of replacing poles when necessary.


Capito reiterated her frustration that the FCC purportedly isn't acting fast enough to advance new rules that would expedite pole access and improve connectivity in rural areas. The senator similarly wrote to the FCC in April 2022 pushing for action.


"The proceeding was started over three years ago, the record is complete and the time is right for the Commission to act in a unanimous fashion," Capito wrote, according to a press release. "The commission's actions related to reasonable and timely pole access sets an important precedent, even for pole owners not subject to the commission's jurisdiction and in states that have adopted their own pole attachment rules."

INCOMPAS | www.incompas.org
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