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Tag: Internet service providers

  • ISPs are fighting to raise the price of low-income broadband

    ISPs are fighting to raise the price of low-income broadband

    A new government program is trying to encourage Internet service providers (ISPs) to offer lower rates for lower income customers by distributing federal funds through states. The only problem is the ISPs don’t want to offer the proposed rates.

     obtained a letter sent to US Commerce Secretary Gina Raimondo signed by more than 30 broadband industry trade groups like ACA Connects and the Fiber Broadband Association as well as several state based organizations. The letter raises “both a sense of alarm and urgency” about their ability to participate in the Broadband Equity, Access and Deployment (BEAD) program. The newly formed BEAD program provides over $42 billion in federal funds to “expand high-speed internet access by funding planning, infrastructure, deployment and adoption programs” in states across the country, according to the (NTIA).

    The money first goes to the NTIA and then it’s distributed to states after they obtain approval from the NTIA by presenting a low-cost broadband Internet option. The ISP industries’ letter claims a fixed rate of $30 per month for high speed Internet access is “completely unmoored from the economic realities of deploying and operating networks in the highest-cost, hardest-to-reach areas.”

    The letter urges the NTIA to revise the low-cost service option rate proposed or approved so far. have completed all of the BEAD program’s phases.

    Americans pay an average of $89 a month for Internet access. New Jersey has the highest average bill at $126 per month, according to a survey conducted by . A 2021 study from the found that 57 percent of households with an annual salary of $30,000 or less have a broadband connection.

    Danny Gallagher

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  • Portable hotspots arrive in Maui to bring internet to residents and tourists | CNN Business

    Portable hotspots arrive in Maui to bring internet to residents and tourists | CNN Business


    New York
    CNN
     — 

    Portable mobile hotspots have arrived in Maui to help bring internet service to the thousands of people who may have been unable to call for help since the wildfires started to rage out of control on the island.

    Verizon told CNN on Thursday its teams are currently deploying the first batch of satellite-based mobile hotspots at evacuation sites in areas of greatest need, particularly the west side of the island, west of Maalaea, Lahaina and Northern Kapalua.

    Verizon’s larger equipment, which is being barged over from Honolulu, is expected to arrive later in the day. This includes COLTs (Cells on Light Trucks) — a mobile site on wheels that connects to a carrier’s service via a satellite link — and a specialized satellite trailer used to provide service to a cell site that has a damaged fiber connection.

    “Our team is closely monitoring the situation on the ground and our network performance,” a Verizon spokesperson told CNN. “Verizon engineers on the island are working to restore service in impacted areas as quickly and safely as possible.”

    The company said it is working closely with the Hawaii Emergency Management Agency and the Maui County Emergency Operations Center to prioritize its network recovery.

    Other carriers continue to mobilize their efforts, too. An AT&T spokesperson said it is working with local public safety officials to deploy SatCOLTs (Satellite Cells on Light Trucks), drones with cell support and other solutions across the island, as equipment comes in from neighboring islands.

    Meanwhile, a T-Mobile spokesperson said its cell sites are “holding up well during the fires” but commercial power outages may be disrupting the service for some customers. “As soon as conditions allow, our priority is to deploy teams with portable generators that will bring temporary power back to our sites,” the spokesperson said.

    The Maui disaster has already wiped out power to at least 14,000 homes and businesses in the area, according to PowerOutage.us. Many cell towers have backup power generators but they have limited capacity to keep towers running.

    “911 is down. Cell service is down. Phone service is down,” Hawaii Lt. Gov. Sylvia Luke told CNN on Wednesday morning.

    Verizon, T-Mobile and AT&T said they are waiving call, text and data overage charges for Maui residents during this time.

    Although strong winds can sometimes threaten cell towers, most are strong enough to handle the worst that even a Category 5 hurricane can bring. Fire, however, complicates the issue.

    “When the fires get too close to cell sites, they will obviously burn equipment, antennas, and feedlines,” said Glenn O’Donnell, VP of research at market research firm Forrester. “In extreme cases, they will also weaken the towers, leading some to collapse. The smoke and flames can also attenuate [reduce the strength of] signals because of the particulate density in the air.”

    If a tower collapses, cell networks could take months to be restored. But if carriers are able and prepared to do restorations with mobile backup units, it could bring limited service back within hours, O’Donnell said. Wireless carriers often bring in COWs (Cells On Wheels), COLTs and GOaTs (Generator on a Trailer) in emergencies to provide backup service when cell towers go down.

    Cell towers have backup technology built in, but this is typically done through optical fiber cables or microwave (wireless) links, according to Dimitris Mavrakis, senior researcher at ABI Research. However, if something extraordinary happens, such as interaction with rampant fires, these links may experience “catastrophic failures and leave cells without a connection to the rest of the world.”

    And, in an emergency, a spike in call volume can overload the system — if people are able to get reception.

    “Even cells that have a good service may experience outages due to the sheer volume of communication happening at once,” Mavrakis said. “Everyone in these areas may be trying to contact relatives or the authorities at once, saturating the network and causing an outage. This is easier to correct, though, and network operators may put in place additional measures to render them operational quickly.”

    Although it’s unclear how long cell phone service could be down in affected regions, companies have been able to bring connectivity to disaster regions in the past. In 2017, Google worked with AT&T and T-Mobile to deploy its Project Loon balloons to deliver internet service to Puerto Rico in the aftermath of Hurricane Maria.

    Project Loon has since shut down.

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  • Illinois Supreme Court upholds state’s assault-style weapons ban | CNN Politics

    Illinois Supreme Court upholds state’s assault-style weapons ban | CNN Politics



    CNN
     — 

    The Illinois Supreme Court on Friday upheld the state’s assault-style weapons ban in a 4-3 ruling after months of legal challenges sought to dismantle the law.

    State lawmakers in January passed, and Democratic Gov. J.B. Pritzker signed into law, a measure to ban assault-style rifles and high-capacity magazines. Those who already own such rifles face limitations on their sale and transfer and must register them with the Illinois State Police by 2024.

    That law – which came about six months after the July 2022 Highland Park, Illinois, shooting – faced immediate lawsuits in state and federal court that argued it violated the Illinois and US constitutions.

    A Macon County Circuit Court judge found earlier this year that exemptions to the law, including for law enforcement officers and armed guards at federally supervised nuclear sites, violated the equal protection clause of the state’s constitution.

    The Illinois Supreme Court agreed to fast-track the state’s appeal, and in a 20-page opinion, reversed the circuit court’s judgment. The majority’s opinion claimed to focus on two core issues brought by the plaintiffs: Whether the law violated the plaintiffs’ right to equal protection and if it constituted special legislation that created laws for some firearms owners and not others. The majority opinion notably did not decide if the ban violated the Second Amendment, asserting that the plaintiffs had waived this issue.

    “We express no opinion on the potential viability of plaintiffs’ waived claim concerning the Second Amendment,” they wrote.

    However, one of the plaintiffs’ attorneys, Jerry Stocks, told CNN the majority justices misrepresented their arguments. Stocks said the Second Amendment is a fundamental right inextricably linked to their arguments and thus should have weighed heavily on scrutiny of the ban. Ignoring the issue altogether was improper, he said.

    “We have a circus in Illinois and the clowns are in charge right now,” Stocks said.

    Illinois Attorney General Kwame Raoul said the new law is a “critical part” of the state’s efforts to combat gun violence, and Pritzker’s office hailed the decision to uphold “a commonsense gun reform law to keep mass-killing machines off of our streets and out of our schools, malls, parks, and places of worship.”

    Nancy Rotering, the Democratic mayor of Highland Park, called on Congress to act on tougher federal restrictions and said Friday’s decision “sends a message to residents that saving lives takes precedence over thoughts and prayers and acknowledges the importance of sensible gun control measures.”

    Illinois has struggled to restrict the flow of illegal guns, particularly in Chicago, while officials in the state have faced legal hurdles to implementing new gun restrictions.

    Despite gun rights advocates challenging the assault-style weapons ban and asking the US Supreme Court to block the ban – along with a city ordinance passed last year by Naperville, Illinois, that bans the sale of assault rifles – the US Supreme Court in May refused to intervene.

    This story has been updated with additional details.

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  • FCC to reintroduce rules protecting net neutrality | CNN Business

    FCC to reintroduce rules protecting net neutrality | CNN Business



    CNN
     — 

    The US government aims to restore sweeping regulations for high-speed internet providers such as AT&T, Comcast and Verizon, reviving “net neutrality” rules for the broadband industry — and an ongoing debate about the internet’s future.

    The proposed rules from the Federal Communications Commission will designate internet service — both the wired kind found in homes and businesses as well as mobile data on cellphones — as “essential telecommunications” akin to traditional telephone services, said FCC Chairwoman Jessica Rosenworcel. The rules would ban internet service providers (ISPs) from blocking or slowing down access to websites and online content.

    In addition to the prohibitions on blocking and throttling internet traffic, the draft rules also seek to prevent ISPs from selectively speeding up service to favored websites or to those that agree to pay extra fees, Rosenworcel said, a move designed to prevent the emergence of “fast lanes” on the web that could give some websites a paid advantage over others.

    With Tuesday’s proposal, the FCC aims to restore Obama-era regulations that the FCC under Republican leadership rolled back during the Trump administration.

    But the proposal is likely to trigger strong pushback from internet providers who have spent years fighting earlier versions of the rules in court.

    Beyond their immediate impact to internet providers, the draft rules directly help US telecom regulators address a range of consumer issues in the longer run by allowing the FCC to bring its most powerful legal tools to bear, Rosenworcel said. Some of the priorities the FCC could address after the implementation of net neutrality rules include spam robotexts, internet outages, digital privacy and high-speed internet access, said Rosenworcel in a speech at the National Press Club Tuesday to announce the proposal.

    Rosenworcel said reclassifying internet service providers as essential telecommunications entities — by regulating them under Title II of the FCC’s congressional charter — would provide the FCC with clearer authority to adopt future rules governing everything from public safety to national security.

    Rosenworcel argued, “without reclassification, the FCC has limited authority to incorporate updated cybersecurity standards into our network policies.”

    She added that traditional telephone companies currently cannot sell customer data, but those restrictions do not apply to ISPs, which are regulated differently. “Does that really make sense? Do we want our broadband providers selling off where we go and what we do online?”

    Regulating internet providers using the most powerful tools at the FCC’s disposal would let the agency crack down harder on spam robotexts, Rosenworcel said, as spammers are “constantly evolving their techniques.”

    And the proposed rules could promote the Biden administration’s agenda to blanket the country in fast, affordable broadband, she argued, by granting internet providers the rights to put their equipment on telephone poles.

    “As a nation we are committed, post-pandemic, to building broadband for all,” she said. “So keep in mind that when you construct these facilities, utility poles are really important.”

    The FCC plans to vote Oct. 19 on whether to advance the draft rules by soliciting public feedback on them — a step that would precede the creation of any final rules.

    Net neutrality rules are more necessary than ever, Rosenworcel said in her speech, after millions of Americans discovered the vital importance of reliable internet access during the Covid-19 pandemic. Rosenworcel also made the case that a single, national standard on net neutrality could give businesses the certainty they need to speed up efforts to blanket the nation in fast, affordable broadband.

    But Rosenworcel’s push is already inviting a widespread revolt from internet providers that make up some of the most powerful and well-resourced groups in Washington.

    The proposal could also lead to more of what has helped make net neutrality a household term over the past decade: Late-night segments by comedians including John Oliver and Stephen Colbert; in-person demonstrations, including at the FCC’s headquarters and at the home of its chair; allegations of fake, AstroTurfed public comments and claims of cyberattacks; and even threats of violence.

    The latest net neutrality rulemaking reflects one of the most visible efforts of Rosenworcel’s chairwomanship — and one of her first undertakings since the US Senate this month confirmed Anna Gomez as the agency’s fifth commissioner, breaking a years-long 2-2 partisan deadlock at the FCC that had prevented hot-button initiatives from moving forward.

    The draft rules also show how a continued lack of federal legislation to establish a nationwide net neutrality standard has led to continued flip-flopping rules for ISPs with every change of political administration, along with a patchwork of state laws seeking to fill the gap.

    If approved next month, the FCC draft would be opened for public comment until approximately mid-December, followed by an opportunity for public replies lasting into January. A final set of rules could be voted on in the months following.

    For years, consumer advocacy groups have called for strong rules that could prevent ISPs from distorting the free flow of information on the internet using arbitrary or commercially motivated traffic rules.

    In contrast, ISPs have long argued that websites using up big portions of a network’s capacity, such as search engines or video streaming sites, should pay for the network demand their users generate. European Union officials are said to be considering just such a proposal.

    A third rail of broadband policy

    In attempting to revive the agency rules, the FCC is once again touching what has become the third rail of US broadband policy: Title II of the Communications Act of 1934, the law that gave the FCC its congressional mandate to regulate legacy telephone services.

    Tuesday’s proposal moves to regulate ISPs under Title II, which would give the FCC clearer authority to impose rules against blocking, throttling and paid prioritization of websites. The draft rules are substantially similar to the rules the FCC passed in 2015, the people said. The rules were upheld in 2016 by a federal appeals court in Washington in the face of an industry lawsuit.

    Soon after that ruling, however, Donald Trump won the White House, leading him to name Ajit Pai, then one of the FCC’s Republican commissioners, as its chair. Among Pai’s first acts as agency chief was to propose a rollback of the earlier net neutrality rules. The FCC voted in 2017 to reverse the rules, with Pai arguing that the repeal would accelerate private investment in broadband networks and free the industry from heavy-handed regulation. The repeal took effect in 2018.

    In the time since, ISPs have refrained from doing the kind of blocking and preferential treatment that net neutrality advocates have warned could occur, but Rosenworcel’s proposal highlights how concerns about that possibility have persisted.

    The Biden administration on Tuesday praised the FCC’s plan to reintroduce net neutrality rules for broadband providers.

    “President Biden supports net neutrality so that large corporations can’t pick and choose what content you can access online or charge you more for certain content,” said Hannah Garden-Monheit, special assistant to the president for economic policy. “Today’s announcement is a major step forward for American consumers and small businesses and demonstrates the importance of the president’s push to restore competition in our economy.”

    Net neutrality began as a bipartisan issue, with the George W. Bush administration issuing some of the earliest principles for an open internet that led to FCC attempts at concrete regulation in 2010 and again in 2015.

    The telecom and cable industries have long opposed the use of Title II to regulate broadband, arguing that it would be a form of government overreach, that telephone-style regulations are not suited for digital technologies, and that it would discourage private investment in broadband networks, hindering Americans’ ability to get online.

    “Treating broadband as a Title II utility is a dangerous and costly solution in search of a problem,” said USTelecom, a prominent industry trade group, in a statement Tuesday. “Congress must step in on this major question and end this game of regulatory ping-pong. The future of the open, vibrant internet we now enjoy hangs in the balance.”

    The reference to net neutrality as a “major question” offers clues about possible future litigation involving the proposal, as the Supreme Court has increasingly invoked the “major questions” doctrine to scrutinize federal agency initiatives.

    In her speech Tuesday, Rosenworcel acknowledged the coming pushback — as well as past incidents involving supporters of strong net neutrality rules.

    “I have every expectation that this process will get messy at times,” Rosenworcel said. “In the past, when this subject came up, we saw death threats against [former Republican FCC Chairman Ajit Pai] and his family. That is completely unacceptable, and I am grateful to law enforcement for bringing the individual behind these threats to justice. We had a fake bomb threat called in to disrupt a vote at the agency. We had protesters blocking [former Democratic FCC Chairman Tom Wheeler] in his driveway and keeping him from his car. We saw a dark effort to tear down a pro-net neutrality nominee for the agency.”

    Part of what made the FCC’s 2015 rules particularly controversial, however, was that classifying ISPs as Title II providers meant the agency could theoretically attempt to set prices for internet service directly, a prospect that ISPs widely feared but that the FCC in 2015 promised not to do.

    Tuesday’s proposal makes the same commitment, the people said, forbearing from 26 provisions of Title II and more than 700 other agency rules that could be seen as intrusive. The draft rules also prohibit the FCC from forcing ISPs to share their network infrastructure with other, competing internet providers, the people said, a concept known as network unbundling.

    On top of fierce industry pushback in the FCC’s comments process, the proposal could also lead to legal challenges against the FCC. While the 2015 net neutrality rules survived on appeal, suggesting the current FCC may be on firm ground to issue the current proposed rules, the draft comes as the Supreme Court has moved to reconsider the power of federal agencies by scrutinizing courts’ decades-long deference to their expert authority.

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  • Poor, less white areas get worst internet deals

    Poor, less white areas get worst internet deals

    A couple of years into the pandemic, Shirley Neville had finally had enough of her shoddy internet service.

    “It was just a headache,” said Neville, who lives in a middle-class neighborhood in New Orleans whose residents are almost all Black or Latino. “When I was getting ready to use my tablet for a meeting, it was cutting off and not coming on.”

    Neville said she was willing to pay more to be able to Zoom without interruption, so she called AT&T to upgrade her connection. She said she was told there was nothing the company could do.

    In her area, AT&T only offers download speeds of 1 megabit per second or less, trapping her in a digital Stone Age. Her internet is so slow that it doesn’t meet Zoom’s recommended minimum for group video calls; doesn’t come close to the Federal Communications Commission’s definition of broadband, currently 25 Mbps; and is worlds below median home internet speeds in the U.S., which average 167 Mbps.

    “In my neighborhood, it’s terrible,” Neville said.

    But that’s not the case in other parts of New Orleans. AT&T offers residents of the mostly white, upper-income neighborhood of Lakeview internet speeds almost 400 times faster than Neville’s—for the same price: $55 a month.

    This story was reported by The Markup, and the story and data were distributed by The Associated Press.

    The Markup gathered and analyzed more than 800,000 internet service offers from AT&T, Verizon, Earthlink, and CenturyLink in 38 cities across America and found that all four routinely offered fast base speeds at or above 200 Mbps in some neighborhoods for the same price as connections below 25 Mbps in others.

    The neighborhoods offered the worst deals had lower median incomes in nine out of 10 cities in the analysis. In two-thirds of the cities where The Markup had enough data to compare, the providers gave the worst offers to the least white neighborhoods.

    These providers also disproportionately gave the worst offers to formerly redlined areas in every one of the 22 cities examined where digitized historical maps were available. These are areas a since-disbanded agency created by the federal government in the 1930s had deemed “hazardous” for financial institutions to invest in, often because the residents were Black or poor. Redlining was outlawed in 1968.

    By failing to price according to service speed, these companies are demanding some customers pay dramatically higher unit prices for advertised download speed than others. CenturyLink, which showed the most extreme disparities, offered some customers service of 200 Mbps, amounting to as little as $0.25 per Mbps, but offered others living in the same city only 0.5 Mbps for the same price—a unit price of $100 per Mbps, or 400 times as much.

    Residents of neighborhoods offered the worst deals aren’t just being ripped off; they’re denied the ability to participate in remote learning, well-paying remote jobs, and even family connection and recreation—ubiquitous elements of modern life.

    “It isn’t just about the provision of a better service. It’s about access to the tools people need to fully participate in our democratic system,” said Chad Marlow, senior policy counsel at the ACLU. “That is a far bigger deal and that’s what really worries me about what you’re finding.”

    Christopher Lewis, president and CEO of the nonprofit Public Knowledge, which works to expand internet access, said The Markup’s analysis shows how far behind the federal government is when it comes to holding internet providers to account. “Nowhere have we seen either the FCC nor the Congress, who ultimately has authority as well, study competition in the marketplace and pricing to see if consumers are being price gouged or if those service offerings make sense.”

    None of the providers denied charging the same fee for vastly different internet speeds to different neighborhoods in the same cities. But they said their intentions were not to discriminate against communities of color and that there were other factors to consider.

    The industry group USTelecom, speaking on behalf of Verizon, said the cost of maintaining the antiquated equipment used for slow speed service plays a role in its price.

    “Fiber can be hundreds of times faster than legacy broadband—but that doesn’t mean that legacy networks cost hundreds of times less,” USTelecom senior vice president Marie Johnson said in an email. “Operating and maintaining legacy technologies can be more expensive, especially as legacy network components are discontinued by equipment manufacturers.”

    AT&T spokesperson Jim Greer said in an emailed statement that The Markup’s analysis is “fundamentally flawed” because it “clearly ignored our participation in the federal Affordable Connectivity Program and our low-cost Access by AT&T service offerings.” The Affordable Connectivity Program was launched in 2021 and pays up to $30 a month for internet for low-income residents, or $75 on tribal lands.

    “Any suggestion that we discriminate in providing internet access is blatantly wrong,” he said, adding that AT&T plans on spending $48 billion on service upgrades over the next two years.

    Recent research looking at 30 major cities found only about a third of eligible households had signed up for the federal subsidy, however, and the majority use it to help cover cellphone bills, which also qualify, rather than home internet costs. Connectivity advocates told The Markup that it’s hard to get people to jump through the bureaucratic hoops needed to sign up for the program when service is slow.

    Greer declined to say how many or what percentage of AT&T’s internet customers are signed up for either the ACP or the company’s own low-cost program for low-income residents.

    In a letter to the FCC, AT&T insisted its high-speed internet deployments are driven by “household density, not median incomes.” But when The Markup ran a statistical test controlling for density, it still found AT&T disproportionately offered slower speeds to lower-income areas in three out of four of the 20 cities where it investigated their service.

    “We do not engage in discriminatory practices like redlining and find the accusation offensive,” Mark Molzen, a spokesperson for CenturyLink’s parent company, Lumen, wrote in an email.” He said that The Markup’s analysis is “deeply flawed” without specifying how. He did not respond to requests for clarification.

    EarthLink, which doesn’t own internet infrastructure in the examined cities but rather rents capacity from other providers, did not provide an official comment despite repeated requests.

    Internet prices are not regulated by the federal government because unlike telephone service, internet service is not considered a utility. As a result, providers can make their own decisions about where they provide service and how much to charge. The FCC declined a request to comment on the findings.

    The investigation is based on service offers collected from the companies’ own websites, which contain service lookup tools that list all available plans for specific addresses, using a method pioneered by researchers at Princeton University. The Markup analyzed price and speed for nearly 850,000 offers for addresses in the largest city in 38 states where these providers operate.

    Las Vegas is one city where large swaths of CenturyLink’s offers were for slow service. Almost half didn’t meet the current federal definition of broadband. These fell disproportionately on Las Vegas’s lower-income and least white areas.

    Las Vegas councilwoman Olivia Diaz said that in the summer of 2020, she approached families where children had stopped showing up to virtual lessons the previous school year to find out what went wrong.

    City schools were preparing to begin their second school year marked by COVID-19 lockdowns.

    “We kept hearing there were multiple children trying to connect in the household, but they weren’t able to,” said Diaz, who represents a district that’s predominantly Latino and on the lower end of the city’s income spectrum.

    More than 80% of CenturyLink’s internet offers in her district were for service slower than 25 Mbps. Education advocacy group Common Sense Media recommends at least 200 Mbps download speeds for a household to reliably conduct multiple, simultaneous video conferencing sessions.

    “I think it’s unfair knowing that it is slow service that we’re paying for that is not commensurate with the faster speeds that they have in the other parts of the city that are paying the same price,” Diaz said. “It just breaks my heart to know we’re not getting the best bang for our buck.”

    Diaz said city officials have asked CenturyLink to expand high-speed service in her district, but the company declined, citing the prohibitive cost of deploying new infrastructure in the area. CenturyLink did not respond to emails asking about this request.

    Some officials told The Markup they’ve been yelling for years about bad service for high prices.

    “If I was paying $6 a month,” Joshua Edmonds, Detroit’s director of digital inclusion, “well you get what you’re paying for.” But he objects to people being asked to pay premium rates for bad service. “What I pay versus what I get doesn’t really make sense.”

    In a 2018 report, Bill Callahan, who runs the online accessibility organization Connect Your Community, coined the term “tier flattening” to describe charging internet customers the same rate for differing levels of service. He said The Markup’s findings show how much of America’s internet market is based on the “basic unfairness” of internet service providers deciding to deprioritize investing in new, high-speed infrastructure in marginalized areas.

    “They’ve made a decision that those neighborhoods are going to be treated differently,” said Callahan. “The core reason for that is they think they don’t have enough money in those neighborhoods to sustain the kind of market they want.”

    The FCC is currently drafting rules under a provision of the 2021 infrastructure bill aimed at “preventing digital discrimination of access based on income level, race, ethnicity, color, religion, or national origin.”

    A coalition of 39 groups led by the Electronic Frontier Foundation and Center for Accessible Technology urged the FCC to take aggressive action rectifying broadband inequality by examining the socioeconomics of the neighborhoods getting the slowest speeds and the prices they pay—regardless of whether the companies intended to discriminate.

    AT&T insisted in filings with the agency that the standard for discrimination should be explicit, deliberate efforts to avoid building infrastructure in areas that are populated by people of color or lower-income residents.

    It also asked for subsidies to build high-speed internet in lower-income neighborhoods because, as AT&T asserted in its letter to the FCC, “most or all deficiencies in broadband access appear to result not from invidious discrimination, but from ordinary business-case challenges in the absence of subsidy programs.”

    Advocates say that’s just not true. “There are very few places in the country where it is not economically feasible to deploy broadband,” said Brian Thorn, who served as a senior researcher for the Communication Workers of America, a union representing telecom employees, which has been vocal on the issue and filed its own comment to the FCC. (The CWA is the parent union of The NewsGuild-CWA, which represents employees at The Markup and The Associated Press.) He said members are tired of seeing their employers make inequitable infrastructure deployment decisions.

    “We would hear from members all the time that they’re out laying lines on one side of the neighborhood and not on the other,” he said.

    In a letter to the FCC, the coalition asserted that “broadband users are experiencing discriminatory impacts of deployment that are no different than the impacts of past redlining policies in housing, banking, and other venues of economic activity.”

    The term “redlining” derives from efforts by the federal government to stem the tide of foreclosures during the Great Depression by drawing up maps, with the help of real estate agents, to identify areas that were safe for mortgage lending. Predominantly white neighborhoods were consistently rated better than less-white neighborhoods, which were shaded in red. Echoes of these maps still reverberate today in things like rates of home ownership and prenatal mortality.

    Notes on the historical map explaining why one part of Kansas City, Missouri, was redlined cited “Negro encroachment from the north.” In that same area, AT&T offered only slow service to every single address The Markup examined.

    Across Kansas City, AT&T offered the worst deals to 68% of addresses in redlined areas, compared to just 12% of addresses in areas that had been rated “best” or “desirable.”

    Redlining maps frequently tracked neatly with the disparities The Markup found.

    Addresses in redlined areas of 15 cities from Portland to Atlanta were offered the worst deals at least twice as often as areas rated “best” or “desirable.” Minneapolis, which is served by CenturyLink, displayed one of the most striking disparities: Formerly redlined addresses were offered the worst deals almost eight times as often as formerly better-rated areas.

    Pamela Jackson-Walters, a 68-year-old longtime resident of Detroit’s Hope Village, said she needs the internet to work on her dissertation in organizational leadership at University of Phoenix online and to virtually attend church services. The slow speeds AT&T offered were a constant annoyance.

    “They still haven’t installed the high-speed internet over here,” she said. “How do we get it? Are we too poor of a neighborhood to have the better service?”

    Hope Village has a per capita income of just over $11,000 and is almost entirely Black.

    To add insult to injury, last fall, AT&T internet service across Hope Village went down for 45 days before being restored. This summer, Jackson-Walters’s internet went down again, this time for four weeks, she said.

    Jeff Jones, another longtime Hope Village resident, noted a bitter irony amid all the service problems. “To add to the insult, I can look out my bedroom window literally, maybe 150 yards, is the AT&T service facility,” he said with a weary laugh. “I’m like, please help me! You’re right there! How can you ignore this problem that is just right in front of your face?”

    Until The Markup told Hope Village residents its findings about AT&T’s pricing practices in Detroit, they didn’t know that lower-income areas were more often asked to pay the same price for slower internet.

    “That’s the big piece,” said Angela Siefer, the executive director of the National Digital Inclusion Alliance, which advocates for broadband access. “Folks don’t know that they’re being screwed.”

    ———

    This story was reported by The Markup and the story and data were distributed by The Associated Press.

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  • Poor, less white areas get worst internet deals

    Poor, less white areas get worst internet deals

    A couple of years into the pandemic, Shirley Neville had finally had enough of her shoddy internet service.

    “When I was getting ready to use my tablet for a meeting, it was cutting off and not coming on,” said Neville, who lives in a middle-class neighborhood in New Orleans whose residents are almost all Black or Latino.

    Neville said she was willing to pay more to be able to Zoom without interruption, so she called AT&T to upgrade her connection. She said she was told there was nothing the company could do.

    In her area, AT&T only offers download speeds of 1 megabit per second or less, trapping her in a digital Stone Age. Her internet is so slow that it doesn’t meet Zoom’s recommended minimum for group video calls; doesn’t come close to the Federal Communications Commission’s definition of broadband, currently 25 Mbps; and is worlds below median home internet speeds in the U.S., which average 167 Mbps.

    “In my neighborhood, it’s terrible,” Neville said.

    But that’s not the case in other parts of New Orleans. AT&T offers residents of the mostly white, upper-income neighborhood of Lakeview internet speeds almost 400 times faster than Neville’s—for the same price: $55 a month.

    This story was reported by The Markup, and the story and data were distributed by The Associated Press.

    The vast gulf between the qualities of service AT&T offered these neighborhoods for the same cost is not a fluke.

    The Markup gathered and analyzed more than 800,000 internet service offers from AT&T, Verizon, Earthlink, and CenturyLink in 38 cities across America and found that all four routinely offered fast base speeds at or above 200 Mbps in some neighborhoods for the same price as connections below 25 Mbps in others.

    The places neighborhoods offered the worst deals had lower median incomes in nine out of 10 cities in the analysis. In two-thirds of the cities where The Markup had enough data to compare, the providers gave the worst offers to the least white neighborhoods.

    These providers also disproportionately gave the worst offers to formerly redlined areas in every one of the 22 cities examined where digitized historical maps were available. These are areas a since-disbanded agency created by the federal government in the 1930s had deemed “hazardous” for financial institutions to invest in, often because the residents were Black or poor. Redlining was outlawed in 1968.

    By failing to price according to service speed, these companies are demanding some customers pay dramatically higher unit prices of advertised download speed than others. CenturyLink, which showed the most extreme disparities, offered some customers service of 200 Mbps, amounting to as little as $0.25 per Mbps, but offered others living in the same city only 0.5 Mbps for the same price—a unit price of $100 per Mbps, or 400 times as much.

    Residents of neighborhoods offered the worst deals aren’t just being ripped off; they’re denied the ability to participate in remote learning, well-paying remote jobs, and even family connection and recreation—ubiquitous elements of modern life.

    “It isn’t just about the provision of a better service. It’s about access to the tools people need to fully participate in our democratic system,” said Chad Marlow, senior policy counsel at the ACLU. “That is a far bigger deal and that’s what really worries me about what you’re finding.”

    Christopher Lewis, president and CEO of the nonprofit Public Knowledge, which works to expand internet access, said The Markup’s analysis shows how far behind the federal government is when it comes to holding internet providers to account. “Nowhere have we seen either the FCC nor the Congress, who ultimately has authority as well, study competition in the marketplace and pricing to see if consumers are being price gouged or if those service offerings make sense.”

    None of the providers denied charging the same fee for vastly different internet speeds to different neighborhoods in the same cities. But they said their intentions were not to discriminate against communities of color and that there were other factors to consider.

    The industry group USTelecom , speaking on behalf of Verizon, said the cost of maintaining the antiquated equipment used for slow speed service plays a role in its price.

    “Fiber can be hundreds of times faster than legacy broadband—but that doesn’t mean that legacy networks cost hundreds of times less,” USTelecom senior vice president Marie Johnson said in an email. “Operating and maintaining legacy technologies can be more expensive, especially as legacy network components are discontinued by equipment manufacturers.”

    AT&T spokesperson Jim Greer said in an emailed statement that The Markup’s analysis is “fundamentally flawed” because it “clearly ignored our participation in the federal Affordable Connectivity Program and our low-cost Access by AT&T service offerings.” That federal program was launched in 2021 and pays up to $30 a month for internet for low-income residents, or $75 on tribal lands.

    “Any suggestion that we discriminate in providing internet access is blatantly wrong,” he said, adding that AT&T plans on spending $48 billion on service upgrades over the next two years.

    Recent research looking at 30 major cities found only about a third of eligible households had signed up for the federal subsidy, however, and the majority use it to help cover cellphone bills, which also qualify.

    Greer declined to say how many or what percentage of AT&T’s internet customers are signed up for either the ACP or the company’s own low-cost program for low-income residents.

    In a letter to the FCC, AT&T insisted its high-speed internet deployments are driven by “household density, not median incomes.” But when The Markup ran a statistical test controlling for density, it still found AT&T disproportionately offered slower speeds to lower-income areas in three out of four of the 20 cities where we investigated their service.

    “We do not engage in discriminatory practices like redlining and find the accusation offensive,” Mark Molzen, a spokesperson for CenturyLink’s parent company, Lumen, wrote in an email.” He said that The Markup’s analysis is “deeply flawed” without specifying how. He did not respond to requests for clarification.

    EarthLink, which doesn’t own internet infrastructure in the examined cities but rather rents capacity from other providers, did not provide an official comment despite repeated requests.

    Internet prices are not regulated by the federal government because unlike telephone service, internet service is not considered a utility.

    Las Vegas is one city where large swaths of CenturyLink’s offers were for slow service. Almost half didn’t meet the current federal definition of broadband. These fell disproportionately on Las Vegas’s lower-income and least white areas.

    “I think it’s unfair knowing that it is slow service that we’re paying for that is not commensurate with the faster speeds that they have in the other parts of the city that are paying the same price,”

    said Las Vegas councilwoman Olivia Diaz. “It just breaks my heart to know we’re not getting the best bang for our buck.”

    Some officials told The Markup they’ve been yelling for years about bad service for high prices.

    “If I was paying $6 a month,” Joshua Edmonds, Detroit’s director of digital inclusion, “well you get what you’re paying for.” But he objects to people being asked to pay premium rates for bad service. “What I pay versus what I get doesn’t really make sense.”

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  • Why Montana’s TikTok ban may not work | CNN Business

    Why Montana’s TikTok ban may not work | CNN Business



    CNN
     — 

    Montana has become the first US state to ban TikTok on all devices, even personal ones, triggering renewed doubts about the short-form video app’s future in the country.

    On Wednesday, the state’s governor, Greg Gianforte, signed a bill into law that would fine TikTok and online app stores for making the service available to state residents. It takes effect next year.

    The move goes a step beyond other states that have restricted TikTok from government devices. It also comes at a time when some federal lawmakers are pushing for a nationwide ban.

    But legal and technology experts say there are huge hurdles for Montana, or any state, to enforce such a law. The TikTok ban immediately prompted one lawsuit from TikTok users who allege it violates their First Amendment rights, with more legal challenges expected. Even if the law is allowed to stand, the practicalities of the internet may make it impossible to keep TikTok out of the hands of users.

    Montana’s new law, SB419, makes it illegal for TikTok and app marketplaces to offer the TikTok service within state lines.

    Passed in April, the bill establishes fines of $10,000 per violation per day, where a single violation is defined as “each time that a user accesses TikTok, is offered the ability to access TikTok, or is offered the ability to download TikTok.”

    Individual users themselves would not be on the hook just for accessing TikTok, according to the law.

    If the law survives in the courts, TikTok, and companies such as Apple and Google, could be forced to find ways to restrict TikTok from Montana smartphone users — or face huge penalties.

    But that’s a big if.

    TikTok and other civil society groups warn that the law as written is unconstitutional. There are two main arguments TikTok’s defenders have cited.

    One is that the law violates the First Amendment rights of Montanans, by restricting their ability to access legal speech and by infringing on their own rights to free expression through the app.

    On Thursday, the American Civil Liberties Union accused Gianforte and the state legislature of having “trampled on the free speech of hundreds of thousands of Montanans who use the app to express themselves, gather information, and run their small business in the name of anti-Chinese sentiment.”

    A group of TikTok users echoed that complaint in a lawsuit filed Wednesday evening in the US District Court for the District of Montana, hours after the governor’s signature. “Montana can no more ban its residents from viewing or posting to TikTok than it could ban the Wall Street Journal because of who owns it or the ideas it publishes,” according to the complaint.

    Another allegation is that the law represents an unconstitutional “bill of attainder,” or a law that penalizes somebody absent due process.

    NetChoice, an industry trade group that counts TikTok as a member, said the bill “ignores the U.S. Constitution.”

    “The government may not block our ability to access constitutionally protected speech – whether it is in a newspaper, on a website or via an app,” said Carl Szabo, NetChoice’s general counsel.

    A spokesperson for Gianforte didn’t immediately respond to a request for comment.

    Even if the law survives a legal challenge, experts say its breadth could make it difficult to effectively implement and enforce.

    For one thing, app stores such as Apple’s operate on a country-by-country basis and aren’t able to filter apps at the state level, multiple experts have said.

    As a result, there would be no way for companies such as Apple and Google to practically comply with the law, TechNet, a trade organization that counts those companies as members, told Montana lawmakers at a hearing in March.

    “App stores,” a TechNet witness said at the hearing, “do not have the ability to geofence on a state-by-state basis. It would thus be impossible for our members to prevent the app from being downloaded specifically in the state of Montana.”

    The open-ended nature of the law means enormous unbounded liabilities for TikTok and app store operators.

    “What this really does is create a huge potential liability for both TikTok and the mobile app stores,” said Nicholas Garcia, policy counsel at the consumer advocacy group Public Knowledge. “And what it requires them to do is to figure it out, under threat of Montana coming in and saying, ‘You have not been complying with the law.’”

    It’s unclear how, exactly, Montana officials might determine noncompliance.

    One sure-fire way would be for Montana officials to attempt to download or access TikTok themselves on devices they control, and if they are successful, to sue TikTok or app store companies for those violations, said Alan Rozenshtein, an associate law professor at the University of Minnesota. But that would not identify violations occurring on devices used by the wider public, which is the entire point of the ban, he added.

    “That would require Montana to do surveillance of its own citizens of who’s downloading, and how,” Rozenshtein said. Alternatively, he added, Montana could try to obtain court orders compelling the companies to hand over business information — such as billing data or other non-content information related to users — that could identify them as Montana residents.

    Authorities could also try to subpoena TikTok or the app stores for information on users who have accessed or downloaded TikTok from within the state, but those requests wouldn’t capture the many people who would likely circumvent the ban using more sophisticated methods.

    Virtual private networking (VPN) services would make it trivial for users to get around the restrictions, according to Evan Greer, director of Fight for the Future, a consumer advocacy group. A VPN could make a user in Montana appear as if they are connected to the internet from outside state lines.

    “Any teenage anime fan or British TV aficionado can tell you how to circumvent such a silly ban using a VPN,” said Greer.

    Officials could potentially try to expand their dragnet by asking companies to use additional data they possess on their users to make inferences about who may be accessing TikTok. But depending on the scope of such a request, it could trigger legal objections and privacy concerns — if the additional data is even available.

    Asking internet providers to implement statewide network filters might be another way to enforce the law, said Garcia. But internet providers are not named as a type of entity subject to the TikTok ban.

    “So the only reason they would get involved would be if TikTok or Apple and Google wanted them to,” Garcia said, “and made some business case for why they should go through that effort on a contractual basis or something.”

    Still, said Rozenshtein, just because the Montana law is silent on internet providers does not preclude Montana from potentially seeking a court order forcing broadband companies to filter TikTok traffic at the network level.

    As with the dozens of other states that have imposed some level of TikTok restrictions, Montana’s government has cited the app as a potential privacy and security risk.

    US officials worry that TikTok’s links to China through its parent company, ByteDance, might result in American’s personal information leaking to the Chinese government. That could help China with spying or disinformation campaigns against the United States, according to authorities.

    So far, though, the risk appears to be hypothetical: There is no public evidence to suggest that the Chinese government has actually accessed TikTok’s US user data. And TikTok isn’t the only company that collects large amounts of data, or that might be an attractive target for Chinese espionage.

    TikTok has said it is executing on a plan to store US user data on cloud servers owned by the US tech giant Oracle, and that when the initiative is complete, access to the data will be overseen by US employees.

    More than half of US states have announced some restrictions on TikTok affecting the app on government devices. Montana’s ban marks the beginning of a new phase, however — and the widely expected legal challenges may determine whether other states soon follow suit.

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