EU Privacy Framework on US Data Flow, FCC Pauses Voice

Aug 12, 2023

The new framework resolves earlier issues about US intelligence services’ access to EU individuals’ private data.

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July 11, 2023 – The European Union on Monday adopted a new privacy framework for data flows within the EU and the United States after two previous attempts were halted at the Court of Justice.

The new framework resolves earlier issues raised by the court about US intelligence services’ access to EU individuals’ private data, limiting such access to “what is necessary and proportionate to protect national security.” It will also set up a Data Protection Review Court with the power to erase data in case of violation and serve as a redress mechanism for EU residents.

The pact expands on President Joe Biden‘s executive order from October and ensures that the US maintains “an adequate level of protection” for data privacy in line with the EU regulations.

“Today we take an important step to provide trust to citizens that their data is safe, to deepen our economic ties between the EU and the US, and at the same time to reaffirm our shared values,” said EU President Ursula von der Leyen in a press release, “It shows that by working together, we can address the most complex issues.”

The decision comes amid a whirlwind of data privacy concerns and crackdowns on digital companies in both the EU and the US.

In May, European privacy regulators fined Meta $1.3 billion for violating EU data rules. The Federal Trade Commission also accused the company of illegally sharing user data with third parties in the same month.

The Federal Communications Commission hit pause Friday on the phase-out of Lifeline supports for voice-only services for another year and announced an increase in minimum service standards for mobile broadband data capacity.

The Lifeline program, which provides low-income households with monthly discounts of up to $9.25 and $34.25 on their wireline or wireless services, will continue to support voice-only services until December 1, 2023, read the notice.

This marks the second time the commission paused such phase-out due to concerns that voice-only services remain the primary method of communications for many low-income families, according to the Future of USF Report in 2022.

Additionally, the bureau cited the need to evaluate the impacts of the Affordable Connectivity Program on Lifeline. Even though the ACP provides a larger monthly reimbursement for eligible households, noted the document, it does not support voice-only services. The agency is currently considering results from the ACP Transparency Data Collection, mandated by the Infrastructure, Investment and Jobs Act, to better understand how the ACP would affect revisions of the Lifeline program.

The commission also increased the minimum service standard for internet companies serving Lifeline customers from 4.5 GB to 20 GB beginning December 1, 2023, after two delays due to affordability concerns.

Fiber optic manufacturing company STL Tuesday announced a partnership with communications and software company Windstream to expand their fiber projects across the country.

According to a press release, STL will provide Windstream with high-fiber count products including ribbon and loose tube optical cables. These materials will ensure faster deployment and better network longevity and scalability to support Windstream’s metro and long-haul optical networks, read the document.

Windstream’s Kinetic business is currently investing $2 billion in expanding gigabit internet service across 18 states, along with ongoing fiber constructions projects in Oklahoma, Arkansas, Tennessee, North Carolina, Florida, New York city and Montreal.

“STL and Windstream are extremely well positioned to take advantage of future market opportunities such as the $42 billion Broadband Equity, Access, and Deployment Program,” said Jeff Small, president of Windstream’s Kinetic. “Kinetic is committed to bringing the fastest, most reliable internet service to residents in under-connected communities using the best construction materials manufactured here in America.”

In 2021, the BEAD program and other federal infrastructure projects adopted domestic manufacture requirements for fiber optic cable and other construction equipment under the Build America, Buy America provisions. Since then, several industry experts have voiced concerns that the criteria may cause a delay in the buildout timeline and an increase in final expenses and called for more specific rules to be established.

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A new bill would create another grant program under the USDA for connecting farm devices.

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August 1, 2023 – A pair of legislators Thursday introduced a bipartisan bill to expand “last acre” broadband connectivity across farmlands, aimed to facilitate producers’ access to precision agriculture technology.

The Linking Access to Spur Technology for Agriculture Connectivity in Rural Environments bill, or LAST ACRE, introduced by Sen. Deb Fischer, R-Neb. and Sen. Ben Ray Luján, D-N.M., would establish a new competitive grant under the existing Department of Agriculture’s Rural Development program to advance connectivity tailored to farmland structures and devices such as tractors, combines, irrigation systems and drones.

The bill, which builds on recommendations by the Precision Agriculture Connectivity Task Force, would also direct the USDA to revise its questionnaire in the Census of Agriculture, a comprehensive survey conducted by the department every five year to collect detailed data on agricultural practices, production, and the demographics of farmers and ranchers. The update would provide USDA with information about the service speeds and broadband usage purposes.

“Producers looking to adopt precision agriculture technologies need network connectivity that extends far past their residences,” said Fischer in a press release Thursday. “They need to be able to make real-time decisions that increase yields and employ resources more efficiently. Our LAST ACRE Act will ensure that USDA has the strategy and resources needed to support last acre connectivity.”

Tim Donovan, CEO of the industry group Competitive Carrier Associations, also voiced support for the bill in a Thursday’s statement.

“This bill recognizes the critical role wireless connectivity plays in rural America and provides opportunities to expand and augment those networks,” said Donovan. “The Last Acre Connection Act of 2023 can help federal USDA support programs provide the ubiquitous wireless connectivity our country’s agriculture community’s diverse needs demand.”

Dozens of other organizations in the telecom and agriculture industries have also come out in support of the bill, including the American Farm Bureau, Association of Equipment Manufacturers, and the Wireless Internet Service Providers Association.

The Federal Communications Commission on Friday proposed a $20 million fine against carriers Q Link Wireless and Hello Mobile Telecom for allegedly failing to authenticate customers before granting them online access to their telephone usage database.

The database, called the Customer Proprietary Network Information, contains personal information such as called phone numbers, location, time, and billing of calls. The FCC’s investigation found the companies relied on readily available biographical information and account information to provide online access to CPNI, which violates the CPNI rules to protect customer data privacy.

The probe also uncovered the companies’ alleged failure to implement “reasonable data security standards,” exposing customers to the possibility of data leakage and misuse.

“Because of the volume of information they possess and the nature of the services they provide, telecommunications companies are high-value targets for cybercriminals and foreign adversaries,” said Loyaan Egal, FCC Enforcement Chief and Head of the Privacy and Data Protection Task Force in a notice Friday. “With this enforcement action, all telecommunications service providers are on notice that protecting customers’ data should be their highest priority, and we will use our authorities to ensure that they comply with their obligations to do so.”

The FCC is currently waiting to hear back from the companies, and the commission would then take further actions after considering the presented evidence and legal arguments.

The latest dispute adds to Q Link’s long history of tussling with the FCC, following a $62 million proposed fine in January for allegedly making excessive claims through the Emergency Broadband Benefit program.

UTOPIA Fiber, a Utah-based community fiber network, on Monday welcomed aboard former West Valley City’s assistant manager Nicole Cottle as the new director of government affairs.

In her new role at UTOPIA Fiber, Cottle will manage relationships with local, state, and federal lawmakers, helping to create and guide public policy that promotes the deployment of high-speed fiber infrastructure, according to the announcement on Monday.

“I’m enormously proud to join UTOPIA Fiber,” said Cottle. “By providing essential infrastructure and allowing for competition, UTOPIA Fiber helps transform the communities it serves and I’m very excited to assume my new role with the company.”

Cottle is also a newly appointed Honorary Commander for the 388th Fighter Wing at Hill Air Force Base, and she serves on the boards of the Utah Land Use Institute and the Our Hometown Foundation.

For the past 25 years, Cottle has worked in various city government roles, including at the Olene Walker Housing Trust Fund, the Intergenerational Poverty Board, the Indigent Defense Commission, the Inland Port Authority, and Utah Infrastructure Agency Board, the financial arm of UTOPIA Fiber.

“Nicole’s legendary 25-years as a municipal leader strongly position UTOPIA Fiber for the future,” said Roger Timmerman, executive director and chief executive of UTOPIA Fiber. “Now more than ever, residents and businesses across Utah and the West depend on high-speed connectivity. Having Nicole on the team will help align policy to meet the needs of local communities, residents, businesses, and all their digital infrastructure needs.”

The announcement comes shortly after Bountiful City announced that its municipal broadband network project would be continuing in partnership with UTOPIA Fiber, beginning in August, after a temporary setback.

FCC chairwoman pitches spectrum for space launch communications.

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July 31, 2023 – Federal Communications Commission Chairwoman Jessica Rosenworcel introduced new rules Friday that would ensure spectrum certainty for communications services used during commercial space launches.

Private companies need access to reliable and predictable wireless communications as they assume a vital role in the launch and operation of space satellites, scientific exploration, and transportation of astronauts, said Rosenworcel.

“The next-generation Space Age is already here,” she said. “We are seeing more commercial space activity at the agency than ever before, and our overall approach as the designated commercial spectrum regulator must reflect that reality.”

“These rules will ensure commercial space launches have the necessary spectrum resources for reliable communications no matter their mission,” she continued. “These updates will promote economic strength, safety, competitiveness, and innovation.”

The rules would adopt a new allocation in the 2025 to 2110 MHz band for space operations, expand the spectrum available for commercial space operations in the 2200 to 2290 MHz band to include the entire band, and adopt licensing and technical rules for space launch operations.

The rules would also amend the allocation for the 399 to 400 MHz band to permit the deployment of federal space stations. Further comment is requested to inform further actions.

“Today’s action is the latest initiative in the FCC’s Space Innovation agenda,” said Rosenworcel. “As the agency promotes Space Innovation, it also has taken action to advance space safety and responsibility, including by adopting new rules for deorbiting satellites to address orbital debris risks.”

The commerce and defense departments signed a memorandum of agreement on Wednesday expanding collaboration to strengthen the U.S. semiconductor defense industrial base.

The agreement is said to increase information sharing between the agencies to facilitate coordination on the CHIPS and Science Act, which provides $52.7 billion for American semiconductor research, development, manufacturing and workforce development. It will ensure that the department’s respective investments position the country to produce semiconductor chips essential to national security and defense programs, according to the announcement.

“The MOA is a crucial step forward in implementing the bipartisan CHIPS and Science Act, a key part of President [Joe] Biden’s Investing in America agenda,” read the press release. “The MOA will advance this agenda to strengthen manufacturing and supply chains here at home, solidify America’s global leadership, and protect long-term national security.”

Assistant Secretary of Defense for industrial base policy, Laura Taylor-Kale, said that “this agreement is an important step forward in increasing the capacity and resiliency of our domestic semiconductor industrial base.”

“It is essential for DoD and DoC to consult one another to ensure we are making complementary investments that support a robust semiconductor industrial base. Both departments are working together to expand domestic semiconductor production capacity in a coordinated fashion,” she continued.

The agreement will align priorities and decision making that will enable a more synchronized approach to promoting a robust semiconductor supply chain, read the press release. It will include sharing information on the semiconductor needs of the defense industrial base, the investment priorities of the DOD and each military service, the existing and planned investments to sustain mature and legacy chip capabilities for current defense programs, and funding to support emerging technologies that are critical to future U.S. national security programs.

Hughes Network Systems, owned by satellite internet provider EchoStar, announced on Saturday that its ultra high-density satellite successfully launched.

The satellite, called JUPITER 3, was engineered to deliver gigabytes of connectivity to customers across North and South America, read the press release.

“JUPITER 3 is the highest capacity, highest performing satellite we’ve ever launched. As the leading provider and investor of satellite internet, we’re proud to herald the start of a new era of connectivity and serve more customers where cable and fiber cannot,” said Hamid Akhavan, CEO of EchoStar.

“This purpose-built satellite is engineered uniquely to meet our customers’ needs and target capacity where it’s needed most, such as the most rural regions of the Americas, so they can stay connected to the applications and services they depend on every day,” he continued.

In the next few weeks, the satellite will move to reach its destination where it will undergo extensive payload testing before entering serve and augmenting the company’s satellite fleet with more than 500 Gbps of additional capacity.

“Whether helping a student in Mexico expand her horizons with access to technology, connecting a farmer in Idaho with the tools to monitor his crops, or connecting a senior in Montana to her doctor via a telehealth appointment, JUPITER 3 will connect our customers to what matters most,” said Akhavan.

The NTIA’s BEAD program requires grant recipients to provide a letter of credit.

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July 27, 2023 – Since last Wednesday, some internet service providers, broadband associations, and digital equity advocates have been raising concerns about a requirement that applicants for federal broadband funding provide a letter of credit to receive money.

The coalition is warning that such a requirement for funding from the $42.5-billion Broadband Equity, Access and Deployment program will “shut out a huge number of ISPs.”

Some won’t even apply, they say.

The National Telecommunications and Information Administration’s BEAD program requires grant recipients to provide a letter of credit for 25 percent of the award, with a 25 percent match requirement.

The coalition, including Connect Humanity, argues this requirement disproportionately favors well-funded providers, shutting out smaller ISPs and minority-owned businesses targeted by the program.

“Many of the small ISPs, minority and women-owned businesses, nonprofits, and municipalities that the program claims to be targeting have little hope of meeting these requirements,” said Connect Humanity in a statement.

“The result is a herculean thumb on the scales for the large, well-funded incumbent providers that have historically failed to serve all Americans, even when subsidized to do so. It locks out smaller, efficient, local ISPs that are typically faster, more affordable, and more willing to connect America’s least served communities — the kind of providers President Biden talked about,” it added.

The organization highlights that an ISP planning to construct a $10 million broadband network must secure over $2 million in collateral (including interest and fees) and provide matching funds to be eligible for a $7.5 million BEAD grant.

Other members of the coalition pushing back against the letter of credit mandate include small ISPs like Arkansas-based Aristotle Unified Communications; organizations like Broadband.Money; the Schools, Health, and Libraries Broadband Coalition; and the American Association for Public Broadband.

Federal Communications Commission Chairwoman Jessica Rosenworcel proposed Tuesday that the federal broadband speed standard be upgraded to 100 Mbps download and 20 Mbps upload.

The existing federal broadband access standard is 25 Mbps download and 3 Mbps upload.

The proposal was part of a notice of inquiry that is an exercise that the FCC periodically performs as required by Section 706 of the Telecommunications Act.

“The needs of internet users long ago surpassed the FCC’s 25/3 speed metric, especially during a global health pandemic that moved so much of life online,” said Chairwoman Rosenworcel. “The 25/3 metric isn’t just behind the times, it’s a harmful one because it masks the extent to which low-income neighborhoods and rural communities are being left behind and left offline. That’s why we need to raise the standard for minimum broadband speeds now and while also aiming even higher for the future, because we need to set big goals if we want everyone everywhere to have a fair shot at 21st century success.”

All BEAD-funded broadband projects must reach a minimum of 100 Mbps download/20 Mbps upload with a latency of less than or equal to 100 milliseconds according to requirements set by the National Telecommunications and Information Administration for the $42.5b of BEAD funding.

Almost every cable and fiber provider should be able to exceed the 100Mbps download-speed threshold. But the asymmetric nature of cable connectivity may leave many cable operators that brag about their fast download speeds struggling to hit 20Mbps on their uploads according to journalist Rob Pegoraro.

The House of Representatives passed a bill Tuesday that will require the Commerce Department to coordinate with state-level economic development organizations to increase foreign direct investment in semiconductor-related manufacturing and production.

The Securing Semiconductor Supply Chains Act tasks Commerce’s SelectUSA business investment program to review various aspects related to investment from foreign countries into the American semiconductor industry.

SelectUSA will seek to identify the measures the federal government can adopt to support and encourage increased foreign direct investment in any segment of semiconductor-related production, according to the legislation.

SelectUSA will further review and analyze any existing barriers that may hinder such investments and propose strategies to enhance state-level efforts in attracting foreign direct investment in the semiconductor sector, the legislation adds.

The legislation introduced by Reps. Anna Eshoo, D-CA, and Greg Pence, R-IN, would assist federal efforts to expand domestic manufacturing of semiconductor chips.

“Thirty years ago, the United States manufactured nearly 40% of all semiconductors, but today we produce only 12%,” said Eshoo in a release. “This lack of domestic semiconductor manufacturing poses a significant risk to our economy and our national security. I’m proud the House passed my bipartisan legislation today, the Securing Semiconductor Supply Chains Act, which bolsters domestic semiconductor production and reduces reliance on foreign suppliers.

“This bill, along with the investments in the CHIPS and Science Act, will bring the U.S. back to be number one in the world in semiconductor manufacturing and maintain our leadership in technological innovation,” she added.

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