Telecommunications, Science and Technology (TST) Policy Committee

PROTECT AND PRESERVE THE OPEN INTERNET WITHOUT DISCOURAGING DEPLOYMENT

WHEREAS, the National Black Caucus of State Legislators (NBCSL) supports laws and policies that encourage speed, competition, and rapid deployment of advanced telecommunications services in all communities;

WHEREAS, NBCSL signed onto comments supporting the principles set forth by the Federal Communications Commission (FCC) in 2010 to protect an open Internet, which include:

• No blocking: Internet service providers (ISPs) cannot block consumers from accessing legal websites and services.
• No throttling: ISPs cannot intentionally slow down some content, or speed up other based on  the type of services or ISP preference.
• Transparency:  ISPs must fully disclose to consumers any network management actions.
• No paid prioritization:  ISPs cannot require pay to-play for Internet companies or otherwise place some content in a slow lane.

WHEREAS, the exponential growth of the Internet has flourished as a result of the government’s historic ‘hands-off’ approach which has fostered an environment of ever-increasing competition, and fast-growing consumer interest;

WHEREAS, Internet users enjoy competitive choices in selecting a broadband connection that meets their needs for speed, reliability and quality of service yet remain poised to enjoy capabilities not yet envisioned;

WHEREAS, policy choices should envision an ecosystem in which broadband connections, services, and applications should continue to become more affordable and accessible to all consumers;

WHEREAS, it is important that consumers have access to wired and mobile broadband options and incentives and regulation should be designed to support both sets of technologies;

WHEREAS, joint ventures and partnerships with minority owned telecommunication companies must be incentivized;

WHEREAS, consumers have substantially benefited from ISPs’ investment in broadband networks and infrastructure that have fueled innovations in education, health, civic engagement and workforce development;

WHEREAS, consumers should continue to benefit from investment in broadband networks that are faster, less susceptible to hackers and spammers, and allow consumers more access and innovative services with security and privacy;

WHEREAS, as long as consumers are free to take or reject any option, Internet services providers should be free to offer new and innovative service and pricing options;

WHEREAS, innovation to meet consumer demand should be encouraged so that consumers experience the best Internet possible;

WHEREAS, companies that invest in broadband and broadband-related applications should be afforded the flexibility to explore fair and competitive business models and pricing plans for their products and services;

WHEREAS, on February 26, 2015, the FCC adopted an Open Internet Order which classifies broadband Internet access service as a telecommunications service subject to regulation under Title II of the Communications Act;

WHEREAS, the FCC’s action contravenes a decades-long bipartisan Internet policy approach that fostered the massive capital investment in Internet-enabled networks and services and promoted the innovative atmosphere consumers enjoy today and instead places the vibrant, dynamic Internet sphere under its bureaucratic control whereby innovation opportunities could become strangled;

WHEREAS, a September 2014 report, “The State of Broadband 2014:  Broadband for All”, by the Broadband Commission for Digital Development, launched by the International Telecommunications Union, the U.S. ranked 24th in fixed broadband penetration and 10th in mobile broadband penetration and could decline further as the FCC’s proposed classification of broadband Internet access service under Title II places more of the cost burden onto the end user, exacerbating an  already disturbing trend of a ‘digital divide’ within our country; and

WHEREAS, mandated public utility regulation of the Internet would impede future capital investments in the U.S.’ broadband infrastructure.

THEREFORE BE IT RESOLVED, that the National Black Caucus of State Legislators (NBCSL) calls upon the Congress to enact legislation that would protect consumers without undermining future growth, investment, and innovation;

BE IT FURTHER RESOLVED, that the NBCSL believes that new federal legislation should give the FCC clear authority to protect consumers, close the digital divide, and preserve an open Internet without imposing burdensome Title II regulations; and

BE IT FINALLY RESOLVED, that the NBCSL send a copy of this resolution to the President of the United States, members of Congress and the commissioners of the Federal Communications Commission.

• SPONSOR: Representative Mia Jones (FL)
  
• Committee of Jurisdiction: Telecommunications, Science, and Technology Policy Committee
  
• Certified by Committee Co-Chairs: Delegate Michael Vaughn (MD) and Senator Anastasia Pittman (OK) 
  
• Ratified in Plenary Session: Ratification Date is December 4, 2015
  
• Ratification is certified by: Senator Catherine Pugh (MD), President

RESOLUTION ENCOURAGING MODERNIZATION OF THE LIFELINE PROGRAM

WHEREAS, the National Black Caucus of State Legislators (NBCSL) recognizes access to high-speed broadband is a fundamental pathway to economic, academic, healthcare, social, and civic opportunities;

WHEREAS, Lifeline, a universal service program mandated by Congress to ensure the availability of communications to all Americans, was implemented in 1985 to provide a discount on traditional landline phone service for qualifying low-income consumers and in 2005, Lifeline discounts were expanded to include pre-paid wireless service plans;

WHEREAS, in 2012, the Federal Communications Commission (FCC) adopted comprehensive reform and modernization of the Lifeline program to eliminate waste, fraud, and abuse as well as modernize the program;

WHEREAS, on May 11, 2015, NBCSL joined in with thirty-six organizations in a letter to the FCC calling for the “rapid and comprehensive reform of the Commission’s critically important Lifeline universal service program” which would make broadband more affordable and available for low income, elderly, and underserved consumers;

WHEREAS, NBCSL filed comments with the Federal Communications Commission on May 11, 2015 which implored that the government institute a twenty-first century model to “ACHIEVE NEW PROGRAM EFFICIENCIES, IMPROVE LIFELINE PARTICIPATION, AND REDUCE WASTE, FRAUD AND ABUSE” and further suggested, these goals would simplify the consumer experience, and better protect consumer privacy by allowing consumers to enroll in lifeline at the same time as they apply for other government benefits;

WHEREAS, according to the Pew Research Center’s June 2015 report, American’s Internet Access:  2000-2015, 84 percent of American adults use the internet but digital gaps still exist. For example: 96 percent of young adults use the Internet while 56 percent of older adults (65+) use the Internet; 95 percent of adults with a college or graduate degree use the Internet whereas, 66 percent of adults without a high school diploma use the Internet; adults living in households with an annual income of at least $75,000 use the Internet, whereas, 74 percent of adults in households with an annual income under $30,000 use the Internet; 78 percent of Blacks and 81 percent of Hispanics use the Internet whereas 85 percent of Whites and 97 percent of English-speaking Asian Americans use the Internet; and 85 percent of urban and suburban communities use the Internet whereas 78 percent of rural residents are Internet users;

WHEREAS, the Pew Research Center found in its report, U.S. Smartphone Use in 2015, that those with relatively low income and educational levels, younger adults, and people of color are smartphone dependent and these users are more likely to access smartphones for important health, education, and employment resources;

WHEREAS, the Pew Research Center also found that 48 percent of smart-phone dependent Americans had to cancel or shut off their cell phone service due to economic hardship and 30 percent of smartphone-dependent Americans frequently reach the data caps they are allowed on their wireless plan;

WHEREAS, even with high adoption rate of wireless, there are still certain broadband-enabled resources that are more effective when accessed in the home such as Internet-based research, multimedia projects, collaboration with peers on school assignments, and the submission of homework;

WHEREAS, relevancy and literacy are keys to broadband adoption as John Horrigan found in a 2014 survey, Digital Readiness: Nearly one-third of Americans lack the skills to use next-generation “Internet of things” applications that: 29 percent of adult Americans have low levels of digital readiness; digital readiness is a bigger problem than the digital divide; and lack of digital readiness afflicts one in five Americans who have advanced online access;

WHEREAS, programs such as Comcast’s Internet Essentials, have been effectively employed to increase broadband adoption and improve digital literacy skills; and

WHEREAS, the FCC’s recent Notice of Proposed Rulemaking recommended establishing a national verifier to encourage more provider participation, reduce waste, fraud, and abuse, reduce duplicative administrative burdens and bring greater confidentiality and dignity for consumers.

THEREFORE BE IT RESOLVED, that the National Black Caucus of State Legislators (NBCSL) calls upon the Federal Communications Commission (FCC) to modernize the Lifeline program to include high-speed broadband;

BE IT FURTHER RESOLVED, that eligible Lifeline subscribers should be able to choose between voice, broadband or both as part of the modernized program;

BE IT FURTHER RESOLVED, that the FCC should institute coordinated enrollment with other national public benefit programs and eliminate eligibility determination by Lifeline service providers;

BE IT FURTHER RESOLVED, that the FCC should supplement Lifeline efforts with digital literacy efforts;

BE IT FURTHER RESOLVED, that the FCC should encourage participation from the broad spectrum of service provides to expand consumer service options; and national, regional, and local organizations should be leveraged to raise awareness about the Lifeline program and aid in program enrollment; and

BE IT FINALLY RESOLVED, that the NBCSL shall send a copy of this resolution to the President of the United States, the Vice President of the United States, member of the United States Congress, and the commissioners of the Federal Communications Commission.

• SPONSOR: Delegate Michael L. Vaughn (MD)
  
• Committee of Jurisdiction: Telecommunications, Science, and Technology Policy Committee
  
• Certified by Committee Co-Chairs: Delegate Michael Vaughn (MD) and Senator Anastasia Pittman (OK)
  
• Ratified in Plenary Session: Ratification Date is December 4, 2015
  
• Ratification is certified by: Senator Catherine Pugh (MD), President

ENCOURAGING THE DEPLOYMENT OF ADDITIONAL SPECTRUM TO SUPPORT INCREASED MOBILE TECHNOLOGY USAGE

WHEREAS, the National Black Caucus of State Legislators (NBCSL) recognizes the importance of wireless technology as a gateway to bridge the digital divide, foster economic inclusion, and enhance the quality of life in African American communities;

WHEREAS, in 2015 the Pew Research Center found that African Americans rely heavily on mobile technology with 92 percent of African Americans owning a cell phone, and 56 percent owning a smart phone.  Additionally, 74 percent rely on wireless for Internet access, 61 percent use wireless for online banking, 67 percent use wireless to look up health information, and 45 percent use wireless for government services and information;

WHEREAS, in 2015 Nielsen found that African Americans used the most Mobile Applications (APPS) per month (30.3) and spent the most time (43 hours) using them; Hispanics spent 41 hours and 31 minutes across an average of 27.9 apps per month, and White non-Hispanic users spent 35 hours and 25 minutes and used 25.9 apps per month;

WHEREAS, the app economy has produced 752,000 jobs and more than 78 percent of U.S. mobile app companies are small businesses;

WHEREAS, spectrum, the invisible infrastructure of electromagnetic airwaves used to transfer information wirelessly is a finite resource and increased demand has caused available spectrum to be in short supply in many large metropolitan areas;

WHEREAS, according to a June 2015 report released by CTIA-The Wireless Association, Substantial Licensed Spectrum Deficit (2015-2019): Updating the Federal Communications Commission’s (FCC) Mobile Data Demand Projections, mobile data demand is expected to increase substantially over the next four years and outpace the current supply of spectrum;

WHEREAS, Congress has traditionally recognized the need for additional spectrum for commercial use and more efficient spectrum use by federal users;

WHEREAS, following the 2016 auction of commercial TV spectrum, there will be no additional spectrum available for the FCC to auction;

WHEREAS, the federal government still has sole or primary use of almost 70% of the spectrum best suited for broadband technologies; and

WHEREAS, the process to identify and bring more spectrum to the market takes more than a decade.

THEREFORE BE IT RESOLVED, that the National Black Caucus of State Legislators (NBCSL) calls upon the Congress of the United States to enact legislation now that would reallocate government-held wireless spectrum for commercial use to meet the wireless needs of all Americans;

BE IT FURTHER RESOLVED, that the NBCSL believes that some of the proceeds to the United States Treasury from these auctions should be used to help close the digital divide and bring all Americans online; and

BE IT FINALLY RESOLVED, that the NBCSL shall send a copy of this resolution to the President of the United States, the Vice President of the United States, members of the United States Congress and the commissioners of the Federal Communications Commission.

• SPONSOR: Delegate Michael L. Vaughn (MD)
  
• Committee of Jurisdiction: Telecommunications, Science, and Technology Policy Committee
  
• Certified by Committee Co-Chairs: Delegate Michael Vaughn (MD) and Senator Anastasia Pittman (OK)
  
• Ratified in Plenary Session: Ratification Date is December 4, 2015
  
• Ratification is certified by: Senator Catherine Pugh (MD), President

RESOLUTION ON THE DEVELOPMENT OF A BALANCED NATIONAL SPECTRUM POLICY THAT INCLUDES UNLICENSED ACCESS IN THE 5GHZ BAND TO MEET THE INCREASED DEMAND FOR WIRELESS TECHNOLOGIES

WHEREAS, the National Black Caucus of State Legislators (NBCSL) recognizes that broadband and technology-enabled opportunities are essential to enabling African Americans to secure economic self-reliance, parity, power, and civil rights;

WHEREAS, we must have policies that preserve and encourage continued private investment to deploy broadband technologies, support small and minority businesses and entrepreneurs participation in the digital economy, and equip minority communities with the skills and education to take advantage of these technologies;

WHEREAS, Wi-Fi spectrum in the 2.4 GHz band has become highly congested, especially in densely populated urban areas making it difficult for Wi-Fi providers to deliver the kinds and quality of service that consumers have come to expect and will only accelerate as the number of wireless devices continues to grow;

WHEREAS, the 5 GHz band has enormous potential to support continued growth in unlicensed wireless services, including the next generation of Wi-Fi which will create a platform for technological innovation, investment, and economic growth;

WHEREAS, the internet economy will reach $4.2 trillion in the G-20 economies and boast 3 billion users globally by 2016 and Wi-Fi is essential to unleashing the enormous economic potential of the internet in communities where broadband adoption lags;

WHEREAS, while according to a 2013 Pew survey more Americans are gaining access to broadband in their homes, adoption rates for African Americans and Latinos still lag those of whites by 10 to 20 percentage points respectively and when accounting for income only 54 percent of those with a household income under $30,000 had high speed broadband or a computer at home increasing the importance of Wi-Fi for these communities;

WHEREAS, broadband access through Wi-Fi is critical to empowering minority and minority women entrepreneurs to develop, grow and improve productivity of their businesses as well as strengthening U.S. competitiveness nationally and worldwide, as stated in NBCSL Resolution TST-14-43 “ENCOURAGING MINORITY ENTREPRENEURSHIP IN MEDIA AND TELECOMMUNICATIONS;” and

WHEREAS, unlicensed Wi-Fi is a critical issue that, if left unresolved, will hinder the broadband industry’s ability to grow, innovate and compete; and limiting access to this important resource will jeopardize consumers’ ability to access Wi-Fi.

THEREFORE BE IT RESOLVED, that the National Black Caucus of State Legislators (NBCSL) supports the Federal Communications Commission (FCC)’s move to allocate additional spectrum for unlicensed use in order to meet increased demand for wireless technologies;

BE IT FURTHER RESOLVED, that NBCSL agrees that the proliferation of smartphones, tablets and other mobile devices with internet access has grown significantly, placing a greater demand on both licensed and unlicensed spectrum, and adding additional capacity is essential to support continued innovation and achieve the potential to transform many different areas of the American economy by providing a platform for innovation and is likely to have a substantial impact on jobs, growth and investment;

BE IT FURTHER RESOLVED, that NBCSL strongly believes that ensuring the long-term success of unlicensed services in the 5 Ghz band for Wi-Fi will enable the broadband industry to provide reliable and affordable services to broadband customers, particularly given communities of colors’ high usage of mobile broadband technology as a primary means of connecting to the internet with the majority of these connection now being Wi-Fi connections; and

BE IT FINALLY RESOLVED, that NBCSL send a copy of this resolution to the President of the United States, the Vice President of the United States, members of the United States Congress, the Federal Communications Commission, State Legislatures and Governors.

• SPONSOR: Delegate Michael L. Vaughn (MD)
  
• Committee of Jurisdiction: Telecommunications, Science, and Technology Policy Committee
• Certified by Committee Co-Chairs:  Delegate Michael Vaughn (MD) and Senator Anastasia Pittman (OK)
• Ratified in Plenary Session: Ratification Date is December 4, 2015
• Ratification is certified by: Senator Catherine Pugh (MD), President