INCOMPAS News -- May 13, 2024

Vol. 20, No. 20

May 13, 2024

FCC Issues Net Neutrality Order

Last Tuesday, the FCC issued the Declaratory Ruling, Order, Report and Order, and Order on Reconsideration that it adopted on April 25, which will restore a national standard to ensure the internet is fast, open and fair.

The decision to reclassify broadband service as a Title II telecommunications service allows the FCC to protect consumers, defend national security, advance public safety and reinstate its net neutrality rules. Through its actions, the FCC creates a national standard by which it can ensure that broadband internet service is treated as an essential service.

The vote also clarified that the FCC will exercise its authority over broadband in a narrowly tailored fashion – without rate regulation, tariffing or unbundling – to foster continued innovation and investment. With the vote, the FCC restores fundamental authority to provide effective oversight over broadband service providers, giving the Commission essential tools to:

Protect the Open Internet – Internet service providers will again be prohibited from blocking, throttling, or engaging in paid prioritization of lawful content, restoring the rules that were upheld by the D.C. Circuit in 2016.
Safeguard National Security – The FCC will have the ability to revoke the authorizations of foreign-owned entities who pose a threat to national security to operate broadband networks in the U.S. The FCC has previously exercised this authority under section 214 of the Communications Act to revoke the operating authorities of four Chinese state-owned carriers to provide voice services in the U.S. Any provider without section 214 authorization for voice services must now also cease any fixed or mobile broadband service operations in the United States.
Monitor Internet Service Outages – When workers cannot telework, students cannot study, or businesses cannot market their products because their internet service is out, the FCC can now play an active role.

For further information on Net Neutrality, including the history of this proceeding starting in 2004 when the then FCC Chairman of the agency challenged the broadband industry to preserve “internet freedoms” followed by more than a decade of work to secure these protections, visit the FCC website.

INCOMPAS President Kronenberg Moderates Broadband Commmunities Summit Panel

Last week INCOMPAS President Angie Kronenberg moderated a keynote panel – Community Broadband: Updates from Federal Government – at the Broadband Communities Summit 2024 conference in Texas.

During the panel, government officials provided updates on broadband funding programs, mapping and other key policy areas, and discussed how federal government agencies are coordinating their efforts to deliver better connectivity for U.S. communities.

Speakers (from left to right) are Kronenberg; Trent Harkrader, FCC; Evan Feinman, NTIA; Joseph Wender, Treasury Department; and Shawn Arner, Agriculture Department.

INCOMPAS Applauds State Department's Digital Policy Strategy

Last week, the U.S. State Department released its United States International Cyberspace & Digital Policy Strategy.

"Secretary Blinken is spot on - imposing digital taxes and network usage fees will only undermine growth and innovation," said INCOMPAS President Angie Kronenberg. "Tech companies have invested billions of dollars in bolstering and building out networks across the globe. Taxing these companies would only lead to less investment in the networks and in the content and applications that have been huge economic drivers for every industry. We are pleased to see the Administration take this important stance to show the world that we will stand strong against regulations to tax the digital economy."

Lujan Introduces Bill to Extend Affordable Connectivity Program

On May 8, Sens. Ben Ray Luján (D-NM), JD Vance (R-OH), Peter Welch (D-VT), Jacky Rosen (D-NV), Steve Daines (R-MT) and Roger Wicker (R-MS) introduced an amendment to the Federal Aviation Administration Reauthorization Act of 2023, to provide $6 billion for the Affordable Connectivity Program (ACP) and $3.08 billion to the Secure and Trusted Communications Networks Reimbursement Program. Several trade associations, including INCOMPAS, voiced support for this amendment.

Unfortunately, the amendment was later removed from the bill, which was passed by the Senate last Thursday night. However, Sen. Lujan decided to introduce the same legislative text as used in the amendment as a stand alone Senate bill. The new Lujan Senate bill is - S.4317, Secure and Affordable Broadband Extension Act.

Office of Economics and Analytics Releases Internet Report

The Office of Economics and Analytics released a report on internet access services, as collected by FCC Form 477 and the Broadband Data Collection. The report included data as of June 30, 2022. The report indicated total internet connections increased by about 3.4% between June 2021 and June 2022 to 517 million. Mobile internet connections increased 3.7% to 391 million and fixed connections grew to 126 million, increasing 2.4% from June 2021.

NTIA $420 Million to Promote Wireless Equpment Innovation

The NTIA announced that up to $420 million in funding will be made available to build the radio equipment needed to advance open network adoption in the U.S. and abroad.

This is the second Notice of Funding Opportunity (NOFO) from the Public Wireless Supply Chain Innovation Fund. The NOFO aims to drive commercialization and innovation in open radio units, which sit at the top of cell phone towers to transmit and receive signals, are the largest and most costly part of the carrier network. Making more open radio units available is critical to spur open network adoption.

Funded by the CHIPS and Science Act of 2022, the $1.5 billion Wireless Innovation Fund that this NOFO comes from is a piece of the Biden Administration’s Investing in America agenda, aiming to drive wireless innovation, foster competition and strengthen supply chain resilience. By supporting the development of open radio units, this second round of funding will help to ensure that wireless technology is built by the U.S. and its global allies and partners – not vendors from nations that threaten our national security.

This second round of funding targets two critical areas related to open radio units:

Commercialization: Accelerating the development of open radio units to the point where they meet the needs of wireless carriers and are ready for commercial trials
Innovation: Improving the overall performance and capabilities of open radio units through targeted research and development

NTIA expects to grant between $25 million and $45 million per commercialization award, and $5 million to $10 million per innovation award. Applications are due July 10. NTIA has already awarded more than $140 million to 17 grantees through the first NOFO. That initial round of investments is supporting testing research and development, and the establishment of testing and evaluation facilities.

NTIA expects to start making awards from this second funding opportunity this fall. Visit the Round 2 (2024) Open RU page to find a link to the second NOFO.

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