Independent Communications News - 2023 Issue 10

LOCAL BROADCAST AFFILIATES SEEKING RETRANS CONSENT FOR STREAMING SERVICES

TOM COHEN, KELLEY DRYE & WARREN, PARTNER

RETRANSMISSION CONSENT 2023A NEW PARADIGM

BRUCE BEARD, CINNAMON MUELLER, MANAGING PARTNER

VIDEO POLICY AT THE FCC: REASONS FOR OPTIMISM?

MIKE NILSSON, HWG, PARTNER

ACA CONNECTS: UNWAVERING IN THE COMMITMENT TO OUR MEMBERS

GRANT SPELLMEYER, ACA CONNECTS PRESIDENT AND CEO

DEMANDS HAVE BEGUN!

PATRICIA JO BOYERS, ACAC CHAIRMAN

MESSAGE FROM GRANT

6 / ACA CONNECTS: UNWAVERING IN THE COMMITMENT TO OUR MEMBERS

#SUMMIT24

9 / THE THEME FOR #SUMMIT2024… AND MAYBE THE WHOLE YEAR!

18 / EFFECTIVE ADVOCACY: MAKE YOUR VOICE HEARD WITH ACA CONNECTS

MESSAGE FROM PATTY

10 / “I WANT THAT DEAL!!!” THE RETRANS RANSOM DEMANDS HAVE BEGUN!

REGULATORY AFFAIRS

14 / DEMOCRATIC CONTROL (FINALLY) ARRIVES AT THE FCC

FEATURED IN THIS ISSUE:

22 / LOCAL BROADCAST AFFILIATES ARE SEEKING RETRANSMISSION CONSENT PRIVILEGES FOR STREAMING SERVICES

26 / RETRANSMISSION CONSENT 2023 - A NEW PARADIGM

30 / FALL FEDERAL FUNDING SOLUTIONS ADD CHALLENGES TO GOVERNING, REMAINDER OF YEAR PRIORITIES

34 / VIDEO POLICY AT THE FCC: REASONS FOR OPTIMISM?

38 / BE PREPARED TO COMPLY WITH NEPA OR YOUR BEAD FUNDING MAY BE NADA

40 / ACA CONNECTS INTERNSHIP: A CATAPULT FOR MY LEGAL CAREER

32 / NCTI

NCTI’S VIRTUAL FIBER SPLICING TRAILER: THE FUTURE OF REMOTE LEARNING

33 / ATLAS DIGITAL

REGIONAL FIBER OPERATORS MUST SEIZE THE DAY

36 / CINNAMON MUELLER

ARE YOU REALLY PREPARED FOR RETRANSMISSION CONSENT?

37 / WESCO

ARE WE DONE WITH BROADCAST TELEVISION?

43 / BROADPEAK

BEACON BROADBAND LAUNCHES VIDEO STREAMING SERVICE PROVIDED BY BROADPEAK AND AMDOCS’ VUBIQUITY

44 / CCI SYSTEMS

THE BEAD PROGRAM: A ONCE-IN-ALIFETIME OPPORTUNITY

AMP23 ASSOCIATE MEMBER PROGRAM

42 / AMP23 VENDORS: IT'S ALMOST TIME TO RENEW

45 / COMCAST TECHNOLOGY SOLUTIONS

TERRESTRIAL DISTRIBUTION FOR MVPDS?

46 / GOCARE

CUSTOMERS PREFER DIGITAL CHANNELS TO COMMUNICATE

47 / SAND CHERRY

DATA AGGREGATION AND REPORTING: CONTINUOUS IMPROVEMENT

56 / VANTAGE POINT SOLUTIONS

BEAD THE CLOCK: TOMORROW’S PLANS, TODAY

57 / WISI

ATSC 3.0 WITH WISI: EMPOWERING OPERATORS FOR SEAMLESS EVOLUTION

48 / FINAL ROUND OF THE 2023 COMMUNITY CHAMPIONS NOMINATIONS!

'Fall' Into the Latest Issue of ICN Editor's

Welcome to the latest edition of Independent Communications News (ICN)! It's the fall season, which means the air is crisp, leaves are changing color, and it's time to publish another ICN. With this issue, we celebrate our tenth publication since the relaunch in April 2021. The format and design continue to improve while the content remains rocksteady. That's enough of an intro... it's time to 'Fall' into the latest issue of ICN.

In this Fall 2023 issue, ICN is packed with quality content, beginning with a message from ACA Connects President & CEO Grant Spellmeyer. Grant provides a recap on recent staff additions and promotions of the association and highlights an opportunity to testify at the House Energy and Commerce Committee hearing on the future of the video marketplace.

If you didn't notice from the cover, several authors in this issue cover the hot topic of Retransmission Consent. Various leading industry professionals, including HWG Partner Mike Nilsson; Cinnamon Mueller Managing Partner Bruce Beard; Kelley Drye & Warren Partner Tom Cohen, and ACA Connects Chairman Patty Boyers provide retrans insight you do not want to miss!

The ACA Connects Regulatory team, led by Chief Regulatory Counsel Brian Hurley, provides the latest on recent changes in the FCC and a forecast of policy initiatives that ACA Connects expects the Democratic majority to take up. ACA Connects Director of Regulatory Affairs Bill Tortoriello writes on BEAD requirements that members should be cognizant of. This summer, as part of the Federal Communications Bar Association's Diversity Pipeline Program, Lianna Dumeng served as ACA Connects Regulatory Affairs Intern. Lianna recounts her internship in an intriguing article describing how it served as a 'catapult' for her legal career.

The ACA Connects team recently had the privilege to visit with members MCTV and Nelsonville Cable, both in Ohio. ACA Connects EVP & COO John Higginbotham summarizes each visit and expresses to members the importance of effective advocacy.

ACA Connects VP of Member Services Stacey Leech covers a number of topics, including Community Champions, AMP23, and the ever-popular Summit, which will be held in Washington, D.C., March 5-7, 2024. Also inside are 11 op-eds and 12 full-page ads contributed by ACA Connects Associate Members.

As a reminder, ICN is crafted with content specifically for ACA Connects Members. We value member feedback and encourage you to share your thoughts, ideas, and suggestions for future issues of ICN. Your input helps us improve and tailor our content to serve you better! ■

Subscriptions

ACA Connects: Unwavering in the Commitment to our Members

By Grant Spellmeyer ACA Connects President & CEO

It’s been a busy summer at ACA Connects! Before I touch on the policy side, and as you may have noticed, we’ve had a few staff additions and promotions over the last few months. I’m very excited about the tremendous contributions each of them is making to the success of ACA Connects (ACAC). I thought I’d take a moment to highlight those changes.

First up, we have Stacey Leech! Long-time members and partners of ACAC know Stacey well. A 24-year veteran of the association, Stacey has been promoted to the position of Vice President of Member Services. Over

the years, Stacey has held a variety of positions, but has spent the last decade as our Senior Director of Events and Industry Affairs. In her new role, she will manage the activities of the Member Services group, which includes responsibility for directing ACAC’s day-today interaction with members, membership events and industry partnerships.

Next is the fantastic Tomeika Slappy, who has served as Assistant to the President & CEO since I joined ACA Connects. Tomeika has held that role since 2016

and previously supported former ACA Connects President & CEO Matt Polka. I’ve promoted Tomeika to the new role of Manager of Member Services. In her new position, Tomeika will work with Stacey on elevating ACAC’s brand with professional events and marketing communications, increasing participation in membership activities, and providing internal database management for the association.

Third is Nathan Penrod. A 3-year employee of the association, Nathan has been promoted to serve as our Director of Digital and Social Media. In his previous role at ACAC, he served as Digital Media Specialist. In his new position, Nathan will lead ACAC’s efforts to highlight the association’s advocacy efforts and member activities. Additionally, he will also oversee the development of association material through various mediums, including print, web, digital and social media, and is the primary editor of the popular Daily Media Sweep.

Last but not least is Bill Tortoriello Bill was hired in July as our Director of Regulatory Affairs. My working relationship with Bill spans nearly 20 years, as we were colleagues during my tenure at US Cellular, where he served as Director of Regulatory Policy. In that position, he worked on complex regulatory and policy matters dealing with Infrastructure, Public Safety, and Consumer items. Prior to US Cellular, Bill worked at AT&T. At ACA Connects, Bill’s focus is on working with our members to evaluate and influence the many complex regulatory issues facing our industry.

Each of these folks are industry veterans with a demonstrated history of success and meaningful contributions, day in and

“EACH OF THESE FOLKS ARE INDUSTRY VETERANS WITH A DEMONSTRATED HISTORY OF SUCCESS AND MEANINGFUL CONTRIBUTIONS, DAY IN AND DAY OUT."

Photo Credit: C-SPAN

day out. I expect you will see a couple of staff additions later this year. Together, the ACA Connects staff as a whole, is extremely well-positioned to represent you in Washington, D.C., before Congress and federal regulatory agencies, including the Federal Communications Commission.

Perhaps our ability to represent ACA Connects Members in Washington, D.C., was best demonstrated recently by my participation on a panel of industry experts who testified before the House Energy & Commerce Committee on September 13, 2023. During the hearing on the future of the video marketplace, my testimony stressed the urgency for Congress to revisit the 1992 Cable Act and to fix the retransmission consent rules. If you get a chance, be sure to watch a replay of the hearing here

So, as summer draws to an end and we begin to look ahead to 2024, ACA Connects Members should have confidence that the mission of our association remains focused and steadfast. We look forward to continuing to deliver strong results for our members! ■

From left: Chairman Bob Latta; Congresswoman Doris Matsui; and ACA Connects President & CEO Grant Spellmeyer pose for a photo after the House hearing.

From left: ACAC Chief Regulatory Counsel Brian Hurley; Alpine Group Chairman Rhod Shaw; Honorable Greg Walden; ACAC President & CEO Grant Spellmeyer; and Chairman Bob Latta share a quick conversation before the House hearing.

“PERHAPS OUR ABILITY TO REPRESENT ACA CONNECTS MEMBERS IN WASHINGTON, D.C., WAS BEST DEMONSTRATED RECENTLY BY MY PARTICIPATION ON A PANEL OF INDUSTRY EXPERTS WHO TESTIFIED BEFORE THE HOUSE ENERGY & COMMERCE COMMITTEE."

ACA Connects President & CEO Grant Spellmeyer testifying during the House hearing on the state of the video marketplace.

Nathan Penrod

Bill Tortoriello

Stacey Leech

Tomeika Slappy

The Theme for #Summit2024… And Maybe the Whole Year!

Invest: to allocate money, time, or resources into something with the expectation of achieving a positive return or benefit in the future.

Innovate: to introduce new ideas, methods, processes, products, or technologies in order to bring about positive change, improvement, or advancement.

By Stacey Leech ACA Connects Vice President of Member Services

ACA Connects broadband and cable providers are acutely aware of these two ideas; they have been the foundation of their businesses. Together, combined with our members entrepreneurial spirit and grit, these concepts have propelled the advancement and expansion of vital services in unserved and underserved areas across the country.

Our members not only invest in their businesses, but also in the communities they serve. By emphasizing social responsibility and community engagement, our members build strong relationships with their customers and positively contribute to the well-being of their neighbors in the areas where they operate. And if you need any further evidence of that, simply visit the ACA Connects website and read about the 24 community service projects nominated for the 2023 Community Champions Award!

But the ability to innovate has, perhaps, been the most critical element of our members’ success. The change in how Americans receive and consume content, along with the changing dynamics of streaming, gaming, and remote work, has shifted many of our members’ focus from video to broadband.

While brainstorming ideas for our annual D.C. event, the recurring theme that emerged in our discussions was the concept of “Invest & Innovate.” With an unprecedented $42.5B in BEAD funding available, a fully-staffed and Democratic majority at the Federal Communications Commission (FCC), and a presidential election on the horizon, it might just be the theme for the entire year!

This is why it’s more important than ever to join us, March 5-7, in Washington, D.C., for ACA Connects #Summit2024! Here’s a snapshot of what to expect:

• Informative and timely speakers from Congress, the FCC, and the industry;

• Valuable networking time with vendors and other member colleagues;

• Meetings with key Members of Congress.

Sponsorship and exhibit information will be released shortly, and online registration will be open in October. Watch your inbox and all ACA Connects communications for updates and speaker announcements! We’re excited to help you share your stories of investment and innovation with policymakers! We’ll see you in D.C.! ■

Stacey Leech is ACA Connects Vice President of Member Services. She serves as the liaison between the association and ACA Connects AMP vendor partners. Stacey works to develop marketing plans that maximize membership benefits and leverage sponsorship opportunities.

“I WANT THAT DEAL!!!”

The RETRANS RANSOM Demands Have Begun!

By Patricia Jo Boyers

ACA Connects Chairman

HOLD ONTO YOUR WALLETS FOLKS! As the retransmission consent so-called Negotiation Season ramps up, ACA Connects members must gird themselves for another train wreck of outrageous and lopsided retransmission consent ultimatums from our not-so-local local broadcasters. NEXSTAR has already shown its true colors by insisting upon mind-numbing rate increases, AND when its ransom demands are not met, it will leave

subscribers literally in the dark with yet another BLACKOUT Case in Point: this past summer, Hawaiian Telcom customers lost access for 20 days to five local broadcast channels and one cable channel as a result of a NEXSTAR extortion grab and subsequent BLACKOUT. Are you sitting down? NEXSTAR, the nationwide television station conglomerate aka local broadcaster, sought a WHOPPING 70% INCREASE in

Retransmission Consent Fees, and to add insult to injury, they pulled the plug on the stations, DESPITE THE FACT that Hawaiian Telcom was still negotiating in Good Faith Hawaiian Telcom promptly filed a complaint with the Federal Communications Commission (FCC) to rein this schoolyard bully back to the negotiating table. Even though they eventually reached a deal, NEXSTAR continued to threaten Hawaiian Telcom! NEXSTAR refused to sign the deal reached in Good Faith until Hawaiian Telcom withdrew its FCC complaint… (now, don’t miss this!!!) Hawaiian Telcom had to agree NOT TO FILE FUTURE COMPLAINTS against the broadcaster. You CANNOT MAKE UP THIS CRAP!

SALUTE to Hawaiian Telcom for pushing back against these unrealistic and unsustainable fees and for REFUSING to drop its FCC complaint that NEXSTAR’s negotiating tactics VIOLATED federal law and were literally using Hawaiian Telcom’s customers as pawns.

Y’all can expect this egregious behavior to continue, as the financial stakes are enormous. RETRANS Revenue could top $15.4 Billion this year, up from $3.6 Billion a decade ago, according to an S&P Global Market Intelligence Report. Can anyone say MUST CARRY?

“Y’ALL CAN EXPECT THIS EGREGIOUS BEHAVIOR TO CONTINUE, AS THE FINANCIAL STAKES ARE ENORMOUS. RETRANS REVENUE COULD TOP $15.4 BILLION THIS YEAR, UP FROM $3.6 BILLION A DECADE AGO"

BLACKOUTS are the name of the game. Broadcasters have proven time and time again that they aren’t afraid to use blackouts as a “negotiating” tactic. Since 2010, broadcasters have blacked out consumers’ access to FREE TV stations more than 1,800 times, according to the American Television Alliance (ATVA). At the time of writing this article, more than 150 NEXSTAR-owned TV stations are also currently DARK on DirecTV’s platform, affecting more than 10 MILLION TV Subscribers across the country. This entire process is simply devastating to the LOCAL and FAMILY-RUN operations of ACA Connects providers and to our loyal customers.

So, as y’all begin your RETRANS “Negotiations,” KNOW that all of us here at ACA Connects have long sought to protect our SMALL and RURAL businesses. We have stood in the balance and met them whenever and

wherever we could, and we shall continue to press Congress to REVISIT, REFORM and even REPEAL Retransmission Consent so that our members can continue to provide their loyal customers with high-quality video services and invest in their broadband networks as we continue to CONNECT ALL AMERICANS across this great nation from SEA to SHINING SEA! And I approved this message! ■

Patricia Jo Boyers is President and CEO of BOYCOM Vision located in Poplar Bluff, Missouri.

“AS Y’ALL BEGIN YOUR RETRANS NEGOTIATIONS, KNOW THAT ALL OF US HERE AT ACA CONNECTS HAVE LONG SOUGHT TO PROTECT OUR SMALL AND RURAL BUSINESSES."

Democratic Control (Finally) Arrives at the FCC

By Brian Hurley ACA Connects Chief Regulatory Counsel

The time has finally come.

More than 30 months after President Biden took office, the Senate has confirmed Anna Gomez to join the Federal Communications Commission (FCC) and give the agency a Democratic majority.

Many have described this development as breaking a “deadlock,” but I would humbly disagree. During the past two-and-a-half years, the FCC has been…actually quite busy and productive. Operating with only two Democratic and two Republican Commissioners, the FCC has administered the Emergency Broadband Benefit Program and Affordable Connectivity Program, adopted broadband “nutrition labels,” fought illegal robocalls, promoted public safety and national security—and even created a new Space Bureau. Indeed, the past few years are a reminder of what the agency can accomplish when it works together to achieve compromise and consensus.

Soon after Commissioner Gomez takes her seat, the “3-2” FCC will face its first major test. By November 15, the agency is required by statute to adopt rules to facilitate “equal access” to broadband service and to prevent and eliminate “digital discrimination.” There are many competing views on how the FCC should approach this task. ACA Connects has urged the FCC to focus on constructive measures to promote equal

"ACA CONNECTS HAS URGED THE FCC TO FOCUS ON CONSTRUCTIVE MEASURES TO PROMOTE EQUAL ACCESS AND TO AVOID BURDENSOME, PRESCRIPTIVE RULES THAT WOULD IMPOSE UNREASONABLE OBLIGATIONS ON PROVIDERS AND LEAD TO COSTLY LITIGATION."

access and to avoid burdensome, prescriptive rules that would impose unreasonable obligations on providers and lead to costly litigation. Though the addition of a fifth Commissioner is likely to result in stricter rules than a split FCC would have produced, ACA Connects will continue fighting to protect the interests of our Members.

Looking ahead, we expect the Democraticmajority FCC to take up policy initiatives that have been held at bay while the agency remained divided. As Mike Nilsson explains, there may be some things here that we like. (See page 34). But the list may also include – you guessed it – Title II reclassification of broadband. ACA Connects has explained at length why it would be a mistake for the FCC to go down this path. Broadband in the United States is a success story, with each year bringing higher speeds, lower prices per Meg, and more competition. In areas where the private sector finds it too economically challenging to build, the federal government is stepping in with a broad array of programs that will provide about $75 billion over the rest of the decade to deploy broadband. Balanced regulation plus targeted subsidies is a formula that works. The “dark cloud” of Title II, by contrast, would chill investment and discourage innovation, especially among smaller providers. We have been preparing for this battle for the past two years and have strong arguments to back our case.

And Title II is not the only new regulatory mandate the FCC may pursue. Restrictions of data caps. New requirements on broadband labels. Even limitations on gaining access to public rights-ofway. We at ACA Connects have dealt with these or similar issues in the past, and we will step up

again if necessary. We have always based our advocacy on robust data and analysis and our Members’ efforts to “do right” by their subscribers and communities.

As each of the first nine ICNs went to print, ACA Connects was preparing for a five-member FCC. And now that day has arrived. It's time to buckle down and get to work.■

Brian Hurley is Chief Regulatory Counsel for ACA Connects. He leads ACA Connects’ advocacy at the Federal Communications Commission in a wide variety of regulatory proceedings—on broadband deployment and adoption, public safety, robocalls, and more.

"THOUGH THE ADDITION OF A FIFTH COMMISSIONER IS LIKELY TO RESULT IN STRICTER RULES THAN A SPLIT FCC WOULD HAVE PRODUCED, ACA CONNECTS WILL CONTINUE FIGHTING TO PROTECT THE INTERESTS OF OUR MEMBERS."

"LOOKING AHEAD, WE EXPECT THE DEMOCRATIC-MAJORITY FCC TO TAKE UP POLICY INITIATIVES THAT HAVE BEEN HELD AT BAY WHILE THE AGENCY REMAINED DIVIDED."

Effective Advocacy: Make Your Voice Heard with ACA Connects

By John Higginbotham ACA Connects EVP & COO

Summer 2023 has come and gone, but boy, was ACA Connects busy this year!

The ACA Connects team was glad to see members at The Independent Show in Minneapolis, Minnesota. If we met you in a session, in the hallway, or at the ACA Connects booth, thank you for visiting with us! We look forward to seeing all of you at TIS2024 in Nashville, Tennessee, August 1922, 2024.

As we rolled out of Minneapolis,

Members of Congress (MoC) began their August break from Washington, D.C. MoC takes this time to return to their districts, visit, and hold meetings with their constituents. You’ll see them at the county fair, meeting with the local Chamber, or maybe at a local charity event. With the August break now behind us, it’s a great time to plan an invite of your MoC to your system in October or the end-of-year break. Here are a few examples of ACA Connects

members that hosted visits this summer.

Since 1952, Nelsonville Cable in southeast Ohio is a third-generation family-owned system serving more than 5,000 subscribers. Jim and his son, Hunter Edwards, are building fiber to new areas in the two counties they now serve. Congressman Troy Balderson (OH-12) was selected earlier this year to serve on the House Energy and Commerce Committee, and as Summer 2023 approached, Rep. Balderson was looking to meet with ACA Connects members who provide broadband in his district.

ACA Connects scheduled a meeting for Jim and Hunter so they could talk about the obstacles Nelsonville Cable faces in building out broadband service to the rural areas of Athens County. Rep. Balderson’s legislative assistant, Michael Kotsovos, spent a few hours getting acquainted with the Nelsonville Cable system while gaining a deeper understanding of the issues facing independent broadband providers.

Later in August, MCTV in Massillon, Ohio, hosted Congressman Bill Johnson (OH-12). MCTV President Katherine Gessner invited Rep. Johnson to provide him with an in-depth look into MCTV’s facilities, expansion plans and technology developments. ACA Connects President and CEO Grant Spellmeyer was also on hand, providing examples of member concerns and roadblocks as providers work diligently to build out broadband service and help to close the digital divide.

These two examples of ACA Connects members, inviting and connecting with their MoC, help build relationships and inform and educate representatives in

“WITH THE AUGUST BREAK NOW BEHIND US, IT’S A GREAT TIME TO PLAN AN INVITE OF YOUR MOC TO YOUR SYSTEM IN OCTOBER OR THE END-OF-YEAR BREAK."

ACA Connects VP of Member Services (on left) and Great Plains Communication Director of Cable Television Lee Ann Quist catch up at the ACA Connects booth at TIS23 in Minneapolis, MN

Congress. ACA Connects members are the experts in broadband deployment, and it is vital to your business to communicate your knowledge and expertise. It is important for ACA Connects members to be active advocates. Policymakers want to hear from their constituents. The Grassroots Toolkit on the ACA Connects website is designed to educate, inform and equip our members with the necessary tools to be effective advocates. Please contact any member of the ACA Connects team when you’re ready to host your Senator or Congressman. We’re here to help you! ■

John Higginbotham is Executive Vice President and Chief Operating Officer of ACA Connects.

From left: MCTV General Counsel & Head of Gov. Affairs Chris Thomas; Congressmen Bill Johnson; and MCTV President Katherine Gessner

From left: MCTV Headend Technician Mike Ott; Congressmen Bill Johnson; and ACAC President & CEO Grant Spellmeyer

MCTV Fiber & RF Maintenance Technician Brent Migoni and Congressmen Bill Johnson

From left: Nelsonville TV Cable Owner/Operators Jim and Hunter Edwards; ACA Connects EVP & COO John Higginbotham; and Congressman Troy Balderson (OH-12) Legislative Assistant Michael Kotsovos

“ACA CONNECTS MEMBERS ARE THE EXPERTS IN BROADBAND DEPLOYMENT, AND IT IS VITAL TO YOUR BUSINESS TO COMMUNICATE YOUR KNOWLEDGE AND EXPERTISE."

TRUSTED BROADBAND ADVISOR

Local Broadcast Affiliates Are Seeking Retransmission Consent Privileges For Streaming Services – Here’s Why The FCC Should Decline Their Request

By Tom Cohen Partner, Kelley Drye & Warren

Local broadcast television affiliates are looking for a new revenue stream, and have their eye on fees from streaming services using retransmission consent privileges. Here’s why the Federal Communications Commission (FCC) should decline an expansion of the flawed retransmission consent regime to streaming services.

Local broadcast affiliates apparently believe they can maximize their own revenue if the FCC expands the retransmission consent regime to include streaming service providers as multichannel video programming distributors (MVPDs). This summer, under the banner of saving local broadcast news, local broadcast affiliates launched the Coalition for Local News, arguing that “regulators and lawmakers continue to rely on rules that need to be modernized in the streaming era.” In response, national broadcast networks launched their own advocacy group, the Preserve View Choice Coalition, asserting that, “[i]f the FCC places old regulations onto burgeoning streaming services, Americans will have fewer entertainment and news options – along with higher prices.” On this point, the national broadcast networks are right. If the FCC were to give local broadcast affiliates retransmission consent privileges for streaming services, the result will be higher revenue for local broadcast affiliates borne through higher prices for

"IF THE FCC WERE TO GIVE LOCAL BROADCAST AFFILIATES RETRANSMISSION CONSENT PRIVILEGES FOR STREAMING SERVICES, THE RESULT WILL BE HIGHER REVENUE FOR LOCAL BROADCAST AFFILIATES BORNE THROUGH HIGHER PRICES FOR STREAMING SERVICE SUBSCRIBERS."

streaming service subscribers. The current system of mostly nationally-negotiated agreements with streaming service providers – with local broadcaster opt-in rights – better protects subscribers.

There is no statutory basis for the FCC to act on local broadcast affiliates’ request. The Communications Act defines an “MVPD” as “a person such as, but not limited to, a cable operator, a multichannel multipoint distribution service, a direct broadcast satellite service, or a television receive-only satellite program distributor, who makes available for purchase, by subscribers or customers, multiple channels of video programming,” and defines “channel” as “a portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television channel.” In other words, the Act requires transmission services to be an MVPD, leading Chairwoman Rosenworcel to conclude in a March 2023 letter to Senator Grassley that the FCC could only act “if Congress changes the underlying law.” Chairwoman Rosenworcel is unquestionably right on the law. The text, purpose, and legislative history of the Communications Act support a transmission requirement for entities to be subject to the privileges and obligations as an MVPD. The Act’s definition of MVPD is unambiguous – to be an MVPD, an entity must be similar to a cable operator, direct broadcast satellite provider, wireless cable or television receive-only satellite program distributor” and must make available for purchase “multiple channels of video programming.” The statute’s list of exemplar service providers each own or control the last-mile transmission of video programming to their subscribers. Next, to provide “multiple channels of video programming,” the FCC’s own interpretations of “channel” require some element of transmission – consistent with how the Communications Act defines “channel” as requiring delivery through an “electromagnetic frequency spectrum.” Streaming service providers provide no such transmission, but instead provide service over Internet facilities that they do not own or control. As a result, there is no ambiguity in the terms and there is no basis to disregard

the statutory language requiring transmission. The legislative history and goals of the 1992 Cable Act also support a transmission requirement. The definition of MVPD was adopted in the 1992 Cable Act in the context of Congress’s intention to promote facilities-based competition to cable. For example, the Act’s Conference Report states “the Commission shall encourage arrangement which promote the development of new technologies providing facilities-based competition to cable and extending programming to areas not served by cable.” And, in its implementation order, the FCC agreed that facilities-based competition to cable is the primary purpose of the Act: “The focus of the 1992 Cable Act was clearly on assuring that facilities-based competition develops.” Indeed, throughout the Act’s legislative history, there is no support for the notion of regulating entities without a transmission requirement.

Local broadcast television affiliates’ request for the FCC to declare that streaming service providers are MVPDs does not fit the current statutory structure. The FCC should not act contrary to the Act’s plain language and in the absence of any expressed Congressional intent. Any attempt by the FCC to ignore the plain language of the statute would exceed the FCC’s authority. ■

Tom Cohen's practice focuses on providing legal counsel to further the business interests of entities engaged in the provision of wireline and wireless telecommunications, cable (video) and broadband, including Internet services.

"LOCAL BROADCAST TELEVISION AFFILIATES’ REQUEST FOR THE FCC TO DECLARE THAT STREAMING SERVICE PROVIDERS ARE MVPDS DOES NOT FIT THE CURRENT STATUTORY STRUCTURE."

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Retransmission Consent 2023 - A New Paradigm

By Bruce Beard Managing Partner, Cinnamon Mueller

What a difference a decade makes. Ten years ago, streaming was still in its infancy, mostly dominated by Netflix. For local broadcast content, consumers primarily had only two choices – subscription cable via a Multichannel Video Programming Distributor (MVPD) or free overthe-air (OTA) via an antenna. Operators risked losing customers to a competitor (most likely satellite) if they raised rates to increase revenue or dropped channels to save costs, and retransmission consent fees skyrocketed. Broadcasters demanded, and got, significant rate re-sets every cycle.

According to Pew Research

Center’s July 13, 2021 report, Broadcasters enjoyed a 5,439% increase in retransmission consent fee revenue between 2006 and 2019, growing from $214.6 million to $11.887 billion. Pew expects that number to rise to $14.832 billion by the end of this year. Another retransmission consent cycle is here, and so are the re-sets. Fortunately, times have changed.

According to Nielsen’s July 2023 report, streaming video has grabbed a 38.7% share of total television viewership, followed by cable programming at 29.6% and broadcast at 20%. Cloudwards in August 2023 reports that 85% of U.S. households use at

least one streaming service, and 12.5% have one with live TV. Streaming services like YouTube TV, Fubo, AppleTV+ and Hulu+ have gained a foothold with content that resembles traditional cable offerings, including local broadcast channels, making them virtual MVPDs (vMVPDs). Parks Associates also estimated that in July 2022, more than 23 million broadband households were using antennas to view free OTA content, suggesting that increased retransmission consent fees led many consumers to discover the benefits of free OTA TV.

Cable operators have always used customer education as a strategy to try to combat broadcasters’ excessive rate demands, explaining the need to fight, but with little leverage other than dropping the channel. In reality, customers had trouble understanding the complexities of our business and operators felt obligated to accept the “last best” offer from the broadcaster to avoid going dark. The 20242026 retransmission consent cycle presents new opportunities. Streaming video and the rise of OTA usage have changed the paradigm.

Operators can educate customers not only on the reasons rates are going up, but also on the

"THE 2024-2026 RETRANSMISSION CONSENT CYCLE PRESENTS NEW OPPORTUNITIES. STREAMING VIDEO AND THE RISE OF OTA USAGE HAVE CHANGED THE PARADIGM."

streaming options that are available, which can be delivered over the operator’s robust broadband network. The plethora of streaming services and their steadily increasing rates help illustrate the efficiency of the cable bundle, be it with a traditional cable operator or a vMVPD. Services like MyBundle, which has partnered with National Content & Technology Cooperative (NCTC), allow for a comparison of video services based on the channels a consumer desires, including channels the vMPVDs may not carry, such as regional sports networks. The advantages of pairing OTA with your broadband connection for non-vMVPD streaming services can also be noted.

Use the new paradigm created by streaming and OTA usage to your advantage. Consumers can keep traditional cable, switch to a vMVPD, or use an OTA antenna combined with subscription streaming services. Help your customer understand the options available, noting all can be delivered through your broadband connection. ■

Bruce Beard has over thirty years of telecommunications law experience involving regulatory advocacy and compliance, transactional expertise, litigation and operational matters. His experience includes broadband, video, telephone, and wireless.

"OPERATORS CAN EDUCATE CUSTOMERS NOT ONLY ON THE REASONS RATES ARE GOING UP, BUT ALSO ON THE STREAMING OPTIONS THAT ARE AVAILABLE, WHICH CAN BE DELIVERED OVER THE OPERATOR’S ROBUST BROADBAND NETWORK."

"ACCORDING TO PEW RESEARCH CENTER’S JULY 13, 2021 REPORT, BROADCASTERS ENJOYED A 5,439% INCREASE IN RETRANSMISSION CONSENT FEE REVENUE BETWEEN 2006 AND 2019, GROWING FROM $214.6 MILLION TO $11.887 BILLION."

Fall Federal Funding Solutions Add Challenges to Governing, Remainder of Year Priorities

By Curtis Philp Vice President, Alpine Group

It is that time again, the end of the fiscal year for the federal government. Once again, Congress is contorting itself to try to find a consensus to keep the government funded and operational past September 30. In the past decade, the trend of holding short-term government funding hostage to extract additional spending reforms or to obtain policy priorities has increased each September. This has resulted in a couple of substantive government

shutdowns during the previous two presidential administrations.

This year, very tiny majorities in each chamber of Congress have compounded challenges in finding a consensus. Look no further than the House of Representatives, where a block of Republicans started the year holding out approval of the House Speaker in exchange for policy and spending promises. Some of those members still opposed the Speaker in the end. These intraparty differences were further exacerbated

earlier this summer when the House cut a deal with Senate Democrats and Republicans on a package to raise the federal government debt ceiling. House Democrats, at this point in the process, are not incentivized to save the process for House Republicans. And the Speaker would risk his own job if he cut a deal with Congressional Democrats to go around his own party at this stage in the process.

Even if the House Republicans could approve temporary funding for the government, which they are attempting to do now by cutting spending and adding immigration provisions to gain votes, the Senate will oppose it. So, will the government shutdown on September 30? There is a substantial possibility.

What does it mean for the rest of the year for ACA Connects?

First, the Affordable Connectivity Program (ACP) adds new participants every day, which only hastens its funding shortfall that is expected to run dry around April of next year. ACP is not part of the government funding discussions, and replenishing the funds has not been on the to-do list of Congressional Republicans, at least yet. The closer the program gets to a funding lapse is when discussions amongst policymakers will begin. But the current funding squabbles in Congress make finding a solution more difficult politically and practically speaking as that money would need to be paid for

"THE CLOSER THE [AFFORDABLE CONNECTIVITY] PROGRAM GETS TO A FUNDING LAPSE IS WHEN DISCUSSIONS AMONGST POLICYMAKERS WILL BEGIN."

from a possibly unrelated revenue stream or lower priority pot of funds that is not being utilized. Solving the current funding crisis is not the last one. Congress will likely go through this same exercise in December on a possible extension or longer-term funding measure right before the new year and closer to the ACP funding lapse.

Second, telecommunications permitting reforms for rights of way, attachments, and reducing the bureaucratic tape on federal lands await floor consideration in the

House by the majority party. If the House can get through this funding battle, it would clear up time to consider these efforts and help bolster a bipartisan permitting reform effort in the Senate. Movement on permitting reform could lead to possible attachment to a broader bill at the end of the year.

Third, despite the recent seating of the fifth commissioner on the Federal Communications Commission (FCC), Commissioners Starks and Carr need to be reconfirmed to their positions. Commissioner Starks must be reconfirmed by early December to retain his position. Senate Commerce Committee leaders are examining a possible path later this fall.

Fourth, oversight of BEAD implementation continues to be a major focus for the Commerce Committees in Congress as states prepare their final plans for National Telecommunications and Information Administration submission later this year. The Biden Administration and Congressional Democrats want to ensure that the program is rolled out as expeditiously as possible to try and reap some political rewards in next year’s election. Meanwhile, Republicans are honing their scrutiny of the program for the same political purpose.

All these important issues are susceptible of being delayed and having the focus shifted elsewhere with a possible government shutdown. ACA Connects will continue to work with policymakers of both parties to ensure our member insights and our industry research help break through the current political environment to improve policies on your behalf. ■

Curtis Philp was deputy chief of staff to former Congressman Lamar Smith (TX-21) and a staff member of the House Science, Space, and Technology Committee.

"ACA CONNECTS WILL CONTINUE TO WORK WITH POLICYMAKERS OF BOTH PARTIES TO ENSURE OUR MEMBER INSIGHTS AND OUR INDUSTRY RESEARCH HELP BREAK THROUGH THE CURRENT POLITICAL ENVIRONMENT TO IMPROVE POLICIES ON YOUR BEHALF."

NCTI’s Virtual Fiber Splicing Trailer: The Future of Remote Learning

By Stacey Slaughter

CEO, NCTI

Successful broadband service providers know they must manage their operations with one eye on the future, ensuring they have a well-planned roadmap for the evolution of their broadband networks as new technologies are deployed. Our industry has seen countless waves of change, with each new release of DOCSIS, mass fiber deployments propelled by government grants, the COVID-driven pivot to remote work and accelerated move to customer self-installs, and lately, the onset of artificial intelligence through services such as predictive analytics, proactive network monitoring, virtual CSRs and responsive chatbots. As operators grow their networks, they must also have plans in place to develop their employees’ job skills and knowledge.

For over 50 years, NCTI has evolved right alongside our customers and students, driving innovation in remote learning and workforce development while keeping our training content fresh, focused, and relevant. Our latest fiber-optics courses give students the most authentic and accurate learning experience because we build the content in partnership with actual network operators. The lessons, images, and videos in our courses expose learners to real-world experience presented by the people who are doing the work day-to-day in the field.

With software and hardware advances making augmented reality and virtual reality more scalable and accessible than ever, NCTI is implementing new technologies to deliver an immersive and engaging remote learning experience through our Amp platform. Virtual experiences have come a long way over the past few years, evolving from “niche” technology into a robust platform that’s a great fit for remote, immersive learning. At this year’s Cabletec Expo, attendees can go inside a real, working fiber splicing trailer using 360-degree immersive images loaded with video hotspots and key terms. Students can self-navigate their experience by selecting the items for further discovery and exploring the virtual space in their own way and at their own pace. As new tools and techniques hit the field, the virtual fiber trailer will be updated to give students the latest and most relevant information.

The virtual fiber trailer is just the beginning. Our learning and development team is building a complete 3D environment to serve as the foundation for new and future courses. Our vision is to deliver an engaging, immersive learning experience that’s accessible anywhere, anytime. As network technology continues to grow and change, you can count on NCTI to keep your staff ahead of the technology curve. If you’re attending Cabletec Expo, stop by and see us in booth 1600, and experience the future of remote learning! ■

Stacey Slaughter

Regional Fiber Operators Must Seize the Day

By J Schelstrate

CRO, Atlas Digital Group

The fiber broadband industry has reached an inflection point. State and federal programs have stepped in to help fund the promise of more Americans having access to affordable, reliable broadband. As a result, the broadband landscape has changed, and regional fiber operators are sprouting like wildfire. But which ones are going to execute well enough to make a difference? Constructing these networks is the long pole, but just as important as a great network is having effective capabilities to load that infrastructure with paying customers.

Successful operators are winning not just by identifying and investing in underserved markets but also by tapping into innovative technology to deliver premium sales experiences and robust analytics to accelerate share capture.

The Rise of David

Significant capital is required to fund network construction. According to the latest Forvis Rural Telecommunications Benchmark Study, 51% of rural telcos in received broadband grants in 2022. Of the 167 companies that participated in this year’s study, 85 received grants. The 85 companies accepted about $600 million in grants. In 2021, 69 companies received grants, which totaled $336 million.

As a result, we are seeing a rise of new market entrants and expansion of regional players to create a massive competitive threat to the national operators. David is taking aim at Goliath and drawing blood.

Going Beyond the Network Build

Fiber expansion plans often have lofty goals for acquiring subscribers but lack the key capabilities needed to achieve them. Those who know best understand their acquisition strategy must go beyond the “if you build it, they will come” mentality and double down on enabling customer-centric sales experiences.

The sales journey is one of the first impressions a consumer receives on how a fiber operator delivers service. Done well, it creates a halo effect throughout their customer lifecycle. Guiding principles adopted by some of the most rapidly growing operators are as follows:

1. Ensure customer interactions are seamless, easy, and convenient. Providers must deliver a frictionless experience and align all touchpoints, from the initial contact to the installation process and post-installation support. By optimizing and personalizing these

interactions, providers realize improved conversion, earn higher customer satisfaction scores and reduced churn rates.

2. Continuously monitor and evaluate sales performance. This provides valuable insights into customer behavior and their experience with the platform. By tracking and analyzing customer interactions, providers can segment their audiences and develop targeted campaigns that focus on customers who may be more susceptible to offers or promotions, thus increasing conversion rates.

3. Enable nimble, dynamic technology that can be easily updated. Being able to act quickly and capitalize on opportunities is a key ability for successful growth. It is all too common for operators to fall victim to rigid and difficult-to-change technology that inhibits their ability to drive performance.

Conclusion

By adopting a customer-centric approach and implementing an effective sales journey, providers are better positioned for changing environments and can accelerate share capture. We designed Atlas CORE for this exact purpose. Specifically built for the broadband industry, CORE is a dynamic, end-to-end omnichannel sales solution enabling operators to unlock customer acquisition potential.

The time is now for fiber operators to implement seamless customer-centric sales experiences to capitalize on their network expansion efforts. Level up your growth strategy and Seize the Day. ■

J Schelstrate

Video Policy at the FCC: Reasons for Optimism?

By Mike Nilsson

Partner, HWG

With the Senate Confirmation of Federal Communications Commission (FCC) Commissioner Anna Gomez in early September, Democrats have an FCC majority for the first time since the Trump administration. Naturally, all eyes are on net neutrality. Many observers speculate that, armed with a majority for the first time, Chairwoman Rosenworcel might reimpose net neutrality restrictions on ISPs.

I, however, have my eye on three other issues in which the new Democratic majority may make a difference. On these video-related issues, the new Democratic majority may end up helping ACA Connects members.

1. TV Local Ownership. ACA Connects members care about local ownership of television stations because, the more stations an entity owns in a market, the more it can charge in retransmission consent fees. This is especially so if the stations in question are affiliated with the ABC, CBS, FOX, and NBC networks. The FCC rules generally prohibit entities from owning more than one such station in a market. Yet the rules have gaping loopholes involving the use of low-power stations and multicast feeds. And broadcasters have evaded these rules by entering into “sidecar” sharing agreements with other stations. Broadcasters think that the Commission should eliminate the local ownership rules altogether. (We think this would allow broadcasters to charge

"ACA CONNECTS MEMBERS CARE ABOUT LOCAL OWNERSHIP OF TELEVISION STATIONS BECAUSE, THE MORE STATIONS AN ENTITY OWNS IN A MARKET, THE MORE IT CAN CHARGE IN RETRANSMISSION CONSENT FEES."

even higher retransmission rates.) The Pai FCC considered doing so but did not. The new Democratic FCC, however, might lean the other way—strengthening the rules by eliminating loopholes and cracking down on evasion.

2. TV National Ownership. Just as stations can charge more for retransmission consent as they consolidate locally, so too can they charge more as they get bigger nationally The FCC rules prohibit a single entity from owning stations serving more than 39% of US television households. Yet UHF stations (channels 14 and higher) only “count” for half in this calculation. This “UHF discount” has allowed large station groups like Nexstar to grow much larger than they otherwise could. The FCC came up with the discount in the analog era, when UHF stations did not propagate as well as VHF stations. Everyone agrees that it serves no technical purpose with respect to today’s digital signals. The Wheeler FCC eliminated the UHF discount but the Pai FCC restored it—arguing that the FCC should also have considered whether to eliminate national ownership cap in its entirety. The new Democratic FCC might consider eliminating the UHF discount once again.

3. Retransmission Consent More Generally. Many ACA Connects members think that broadcasters abuse the retransmission consent rules and would like to see the FCC strengthen the requirement that broadcasters and cable operators negotiate in “good

faith.” In 2014, Congress directed the FCC to initiate a proceeding to review the “good faith” retransmission consent rules. In 2016, then-Chairman Wheeler declined to change those rules, concluding that the existing “totality of the circumstances” standard provided the FCC the most flexibility to enforce its rules.

The Pai FCC showed little interest in revisiting these rules, and, indeed, showed some hostility to cable industry arguments about retransmission consent. The new Democratic FCC may feel differently. Already, Chairwoman Rosenworcel has told Congress that the FCC might wish to re-examine retransmission consent. Her Democratic colleagues may agree with her. ■

Mike Nilsson has solved problems for clients in the media industry and elsewhere for more than twenty years. He represents these clients before the FCC, Congress, DOJ, the U.S. Copyright Office, and foreign regulators - as well as in commercial negotiations.

Are You Really Prepared for Retransmission Consent?

By: Melanie McMullen SenPartner, Cinnamon Mueller

Scott Abbott Video Strategy, Cinnamon Mueller

The value exchange for video content keeps getting worse for MVPDs. Outrageous fee increases and other demands loom heavy against viewership that’s declining at an accelerating pace. According to Nielsen, consumers viewed less than half of their video content via broadcast and cable in July, with streaming services like Netflix and YouTube collectively reaching record highs of 38.7%. This trend will continue as alternative sources further fragment viewership, calling for a strategic focus on tomorrow’s customer and studied decisions about your current lineup.

Not all stations are equal. Know your local broadcasters’ worth.

In many markets, customers can get weather and local news for free via station apps or other online sources, reducing the value of a station’s local content. Some carry high school sports or other valuable community programming, while others rely on re-runs and infomercials to fill space. Evaluate local ratings and don’t let the broadcaster leverage the value of its national network affiliation, whose content may be available from other sources (and is stale for the foreseeable future due to the SAG-AFTRA strike). If a large station group owner seeks massive fee increases across the country, that doesn’t, by default, make one station more valuable than others in your market.

Your 2023 rate is not necessarily your starting point (and neither is the broadcaster’s opening offer).

Melanie McMullen

The Cable Act requires good faith negotiations. “Good faith” can include an offer as low as $0.00 if your analysis supports that as the station’s value to you, and it does not require that you reach a final agreement. You can walk away after good faith negotiations, but make sure to document your business rationale and all correspondence with the broadcaster.

Don’t negotiate out of a hole. Self-audit your compliance now!

Are your payments current? Are you carrying all multicast feeds that you’re required to carry, and are they in the right place? Multicast obligations are typically in the body of the agreement, NOT in Schedule A, which is merely a snapshot of your carriage and launch commitments on the day you signed it. If you start negotiations in breach, your settlement of past issues will weaken your negotiating strength against going-forward rates.

It’s a legal document. Get legal help.

We have decades of experience helping MVPDs negotiate retransmission consent, and we’re equipped to help you avoid land grabs around multicast carriage and ATSC 3.0, encroachment into your broadband business and “issue-of-the-day” landmines. Contact us to learn more about how we can help you plan and execute a successful retransmission consent strategy. ■

Scott Abbott

Are We Done with Broadcast Television?

By Scott Widney

Senior Specialist Technology & Support Services, Broadcast, and IPTV, Wesco

The NextGen broadcast technology standard, otherwise known as ATSC 3.0, is here. As the first major overhaul to the Advanced Television Systems Committee's standard for sending and receiving over-the-air (OTA) signals since the group first introduced ATSC 1.0 back in 1996, ATSC 3.0 is capable of 4K picture resolution and HDR quality, as well as advanced Dolby audio. But that’s not all; this “NextGen” also allows data transmission features for better program guides, interactive apps and advertising services, bringing the broadcast industry into real competition with streaming services and cable television.

Being the first "all IP" broadcast standard, ATSC 3.0 is designed to offer support for newer technologies, including:

• HEVC for video channels of up to 2160p 4K resolution at 120 frames per second;

• Wide color gamut and high dynamic range;

• Dolby AC-4 and MPEG-H 3D Audio;

• Datacasting capabilities;

• More robust mobile-television support.

These capabilities have also been foreseen to enable finer public alerting, increasing public safety. By doing so, the ability to segment audiences by different facets for very targeted advertising provides a new revenue stream for the broadcasters.

The first tests of ATSC 3.0 began a decade ago. The FCC gave the full go-ahead for the new standard in 2017, and local broadcasters have gradually been adding ATSC 3.0 feeds ever since. The new standard uses Orthogonal Frequency Division Multiplex (OFDM) modulation as opposed to the 8VSB modulation used by ATSC 1.0, which would break up or, at times, lose signal completely. Though ATSC 3.0 will require new encoders as well as new transmitter equipment, broadcasters will initially share towers, one being a lighthouse to enable the broadcast of ATSC 1.0 and 3.0 at the same time.

ATSC 3.0 is currently on the air in more than 50 markets, with another 17 markets readying to launch. Los Angeles, with Fox-owned KTTV and KCOP, as well as Nexstar's KTLA, now broadcast in the format. Five stations in Green Bay, Wisconsin

Scott Widney

also have launched NextGen TV broadcasts. Twenty different TV models from three manufacturers - LG, Samsung and Sonywill be or are already available with built-in 3.0 tuners. And like back in 1996, with the first ATSC standard, set-top box tuners will be available to allow older TVs to accept the new standard.

So, is broadcast television done? Nope. And the revolution means partnership across multiple product types and solutions. As a supply chain solutions provider and distributor of best-in-class products with technical expertise in the communications industry, Wesco has already helped with the deployment of an ATSC 3.0 upgrade and is ready to continue the support for 3.0 and beyond. ■

Be Prepared To Comply With NEPA Or Your BEAD Funding May Be NADA

By Bill Tortoriello

ACA Connects Director of Regulatory Affairs

So often, we hear different acronyms thrown around in the world of regulation, and two that might be esoteric to some of our members involve the National Environmental Policy Act (NEPA) and the National Historic Preservation Act (NHPA). So, what are these terms NEPA and NHPA, and why are they important in the context of National Telecommunications and Information Administration (NTIA) Broadband Equity, Access, and Deployment (BEAD) funding? Let’s take a closer look at the statutes and what they entail.

Am I getting nipped under NEPA by NTIA?

Environmental review processes were initiated with NHPA in 1966, and NEPA then set forth the requirement for environmental reviews and formally established environmental protection as a Federal policy. Passed in 1970, NEPA is considered an “umbrella law” as it provides a framework for evaluating all other environmental, historic, and cultural resources laws. As background, NTIA administers grant programs that further the deployment and use of broadband and other technologies in America. NTIA determined that the administration of grants and distribution of funds through its programs would constitute a major federal action under NEPA; an undertaking under NHPA; economic activity under the Endangered Species Act; and be subject to various other applicable environmental laws, regulations, and executive orders. NTIA acts as the lead agency for these environmental laws under its grant programs.

"NEPA AND NHPA REQUIRE THAT NTIA ANALYZE THE POTENTIAL ENVIRONMENTAL IMPACTS OF PROPOSALS AND PROJECTS FUNDED UNDER THE BEAD PROGRAM."

NEPA and NHPA require that NTIA analyze the potential environmental impacts of proposals and projects funded under the BEAD Program. Therefore, NEPA analysis will be necessary for every project funded through the BEAD Program, regardless of who owns the land that must be accessed, and must be completed before any awarded project can begin.

So, will NEPA and NHPA thwart my BEAD deployment efforts? Should I be concerned?

The encouraging news is that NEPA does not contain a mandate for conservation as other laws do; it is a process law. NEPA and NHPA require NTIA and other federal agencies to “stop, look, and listen” before making decisions that impact historic properties and the human environment. NTIA will look to streamline processes as much as possible and will make use of Categorical Exclusions (CATEXs) to help keep projects going. CATEXs are issued for defined actions that the agency has determined do not individually or cumulatively have a significant effect on the environment.

NEPA will require that subgrantees undertake some level of environmental review and analysis prior to constructing BEAD projects. So yes, there will be effort involved here, and NTIA will require awardees to provide a detailed NEPA/NHPA project description along with maps that show project location(s) and construction methods.

Awardees will be required to obtain all required federal, tribal, state, and local governmental permits and approvals and complete all agency consultations prior to beginning their project – this does not need to be done pre-award. It is strongly

recommended that awardees engage subject matter experts (SMEs) to develop their NEPA Documentation.

We should expect to see more guidance coming from NTIA closer to the award of the actual grants. Stay tuned for more information from ACA Connects on this BEAD requirement, among others. ■

Bill Tortoriello is Directory of Regulatory Affairs for ACA Connects. Bill assists the ACAC Regulatory Team in technical research, complex compliance issues, and member education.

"AWARDEES WILL BE REQUIRED TO OBTAIN ALL REQUIRED FEDERAL, TRIBAL, STATE, AND LOCAL GOVERNMENTAL PERMITS AND APPROVALS AND COMPLETE ALL AGENCY CONSULTATIONS PRIOR TO BEGINNING THEIR PROJECT."

"NEPA WILL REQUIRE THAT SUBGRANTEES UNDERTAKE SOME LEVEL OF ENVIRONMENTAL REVIEW AND ANALYSIS PRIOR TO CONSTRUCTING BEAD PROJECTS."

ACA Connects Internship: A Catapult for My Legal Career

By Lianna Dumeng

ACA Connects Regulatory Affairs Intern (Summer 2023)

As I reflect on the ten weeks I spent as ACA Connects’ Regulatory Affairs Intern, I would describe this experience as a catapult for my legal career. It is hard to put into words just how grateful I am!

As someone who majored in Business Communications in undergrad, and knew that I wanted to attend law school, I still had no idea how these subjects could possibly fit together. The best decision I have ever made was participating in the Federal Communications Bar Association’s Diversity Pipeline Program. It is through their certificate program that I was able to learn so much about telecommunications law and policy and ultimately be matched with ACA Connects as my employer. When you are part of the FCBA at the same time as ACA Connects, the mentorship opportunities are endless.

I have gone from not knowing what a trade association is to writing member advisories and being able to recite acronyms (there are tons of them in this industry!) in just ten weeks. From the very beginning, the ACA Connects regulatory team took great care to ensure I was having a meaningful experience. On the first day of my internship, I was given a statute to analyze in order to write my first member advisory. Even though I was still learning who the members of ACA Connects were, I was entrusted with the huge responsibility of communicating information that was crucial to their business. This was something that I did not take lightly.

As the summer progressed, I grew more confident in my writing and knowledge about the subject matter. Although the team was incredibly busy, that never kept them from taking the time to go through each suggested revision with me, and they always made themselves available for questions. It is because of this writing process that I have emerged as a more confident legal writer. They also took the time to explain each matter that was discussed on our team calls, giving me insight into the inner workings of the FCC, trade associations, outside counsel, and lobbying groups. It felt like an entire industry was revealed to me, and they made a concerted effort to teach me as much as possible during our time together.

As if writing important member advisories wasn’t hands-on enough, I had the opportunity to speak during ACA Connects’ July Webinar. Although I was talking to my computer screen

Lianna Dumeng

rather than everyone’s faces, it was an honor to speak alongside such knowledgeable industry professionals. Lastly, I had the opportunity to attend this year’s Independent Show in Minneapolis, Minnesota. It was my first business trip, my first time in the Midwest, and my first time meeting the members I spent the summer learning about. I enjoyed working at our booth on the exhibit floor, listening to keynote speakers, and overall learning how the legal issues I was reading about affect ACA Connects members’ day-to-day lives.

If there is one thing that stood out to me the most from this experience, it is the people. Every single person I met, from ACA Connects staff, to members, outside counsel, and each person I had a “Mentor Meeting” with, were the most down-to-earth professionals I have come across. They all treated me like a respected colleague rather than just a summer intern. I have been honored to work alongside them for these ten weeks, and I hope to work alongside them in the future. A huge thank you to the FCBA Diversity Pipeline Program and ACA Connects! ■

ASSOCIATE MEMBER PROGRAM

AMP23 Vendors: It’s Almost Time to Renew!

By Stacey Leech ACA Connects Vice President of Member Services

Exciting things are happening at ACA Connects! Plans are well underway for #Summit2024. We’re reviewing other upcoming industry events for travel planning and actively exploring new opportunities to connect our operator members with our vendor partners.

As the end of the year is quickly approaching, soon current AMP23 members will receive renewal information for the 2024 program, including updated membership levels. Every year, we strive to improve our program by offering benefits and opportunities that our vendor partners can use to elevate their brand, products and services to our

broadband and cable operator members.

So, as you plan for 2024 memberships and events, be sure that ACA Connects is top of the list! Vendors who are not members are invited to reach out to me to learn more about the program. Joining AMP24 is the first step to gaining access to #Summit2024 exhibit space and sponsorships. Additionally, other benefits that are included with your dues include ICN Op-Ed and full-page ad submissions, Media Sweep banners, and participation in ACA Connects webinars.

Let’s partner together to make 2024 the best year yet! ■

Stacey Leech is ACA Connects Vice President of Member Services. She serves as the liaison between the association and ACA Connects AMP vendor partners. Stacey works to develop marketing plans that maximize membership benefits and leverage sponsorship opportunities.

Beacon Broadband Launches Video Streaming Service Provided by Broadpeak and Amdocs’ Vubiquity

Broadpeak’s peakVU.TV Is the ABR Cornerstone of the National Content & Technology Cooperative’s Vubiquity Linear Streaming Offering

By Elodie Levrel

Corporate Marketing & Communication Director, Broadpeak

Broadpeak®, a leading provider of content delivery network (CDN) and video streaming solutions for content providers and pay-TV operators worldwide, announced that Southern Oregon internet service provider Beacon Broadband will launch a new video streaming service powered by Broadpeak’s peakVU.TV. The operator will use peakVU.TV as part of a joint offering that also includes Amdocs’ Vubiquity platform for linear channel aggregation. Leveraging its strategic alliance under a renewed Vubiquity agreement with the National Content & Technology Cooperative (NCTC), the offering will enable Beacon Broadband to deliver an advanced video streaming experience to subscribers, including broadcast-quality live TV, catch-up TV, network DVR, and VOD content.

Levrel

with groundbreaking efficiency and reliability that doesn’t break the bank.”

Broadpeak’s peakVU.TV service is hosted in the cloud, which will allow a fast time to market and low opex for Beacon Broadband. peakVU.TV leverages advanced software solutions, including video origin, video packaging, HTTP video cache servers, and CDN. The video streaming service is integrated with Amdocs’ Vubiquity platform to streamline the delivery of linear feeds, providing Beacon Broadband with a complete solution for video streaming.

Broadpeak’s peakVU.TV features market-leading service availability and robust security based on industry practices, assuring high reliability for video streaming. With peakVU.TV, Beacon Broadband can ensure an exceptional streaming experience for subscribers, including pristine video quality, fast zapping, and best-in-class bit rate optimization. The peakVU.TV service can be fully hosted by Broadpeak, deployed on-premises, or a hybrid of both, addressing the broadband industry’s requirement for flexible solutions.

“Video distribution is new territory for us, so it is imperative that we have a robust, state-of-the-art solution that is easy to use,” said Paul Recanzone, general manager at Beacon Broadband. “The Broadpeak and Vubiquity solution available via the NCTC is fully managed and hosted, enabling us to deliver an app-based video streaming experience to a wide range of consumer devices

“Our strategic alliance with Vubiquity on this solution is a game-changer for operators,” said Mario Rainville, VP sales North America at Broadpeak. “Working together, we are making it simple to deliver high-quality video streaming experiences with innovative technology like cloud, linear channel aggregation, CDN, and local content caching. Our peakVU.TV offering is the cornerstone of this solution, ensuring Beacon Broadband can deliver outstanding streaming quality.” ■

Elodie

With peakVU.TV, Beacon Broadband delivers an advanced video streaming experience to subscribers, including broadcast-quality live TV, catch-up TV, network DVR, and VOD content.

The Broadband Equity, Access, and Deployment (BEAD) Program: A OnceIn-A-Lifetime Opportunity

By Nicholas K. Hurzeler

Director Business Development, CCI

The Infrastructure Investment and Jobs Act (IIJA) of 2021 is a historic investment in our nation's infrastructure, and the $42.45 billion allocated to the Broadband Equity, Access, and Deployment (BEAD) Program is a once-in-a-lifetime opportunity to close the digital divide and ensure that everyone in the United States has access to high-speed internet.

CCI Systems is a leading provider of broadband planning, engineering, and post-construction sustainability solutions. We have been involved in the broadband industry for over 60 years, and we have seen firsthand the impact that broadband can have on people's lives. We believe that the BEAD Program is a critical investment, and we are committed to helping our customers navigate the program and develop successful broadband deployment plans.

Here are some of the ways that CCI Systems can help our clients with the BEAD Program:

• Pre-grant application process and support, including feasibility studies, cybersecurity measures, and post-grant award planning.

• Develop broadband deployment plans, including walkout/ field data collection and network design, that are tailored to the customer's needs/requirements.

• Perform aerial and underground permitting services from field data collection to permit submittal.

• Conduct necessary environmental studies and reviews.

• Construction management, inspection, and technical services.

• Conduct network activation and fiber splicing, testing, and turn-up services.

• Post-construction sustainability, including cybersecurity, call center services, disaster recovery, and network operation services.

K. Hurzeler

We are confident that we can help our customers make the most of the BEAD Program and close the digital divide in their communities. We are the experts in broadband, and we are here to help. The future of broadband is bright, and CCI Systems is committed to being a part of it. We believe that everyone deserves access to high-speed internet, and we are working hard to make that a reality. We are also committed to helping our customers make the most of their broadband investment. We know that broadband can be a powerful tool for economic development, education, and healthcare. We want to help our customers use broadband to improve their lives and the lives of their communities.

If you are interested in learning more about the BEAD Program or how CCI Systems can help you, please contact us today at sales@ ccisystems.com or visit us online at www. ccisystems.com. We would be happy to answer your questions and discuss your specific needs.

Together, we can close the digital divide and ensure that everyone in the United States has access to the essential infrastructure of the 21st century.

Let's build the future together.

CCI Systems: The Broadband Experts ■

Nicholas

Terrestrial Distribution for MVPDs?

By Allison Olien

VP & GM, Communications & Technology Providers Suite, CTS

Allison Olien, Vice President and General Manager for Comcast Technology Solutions (CTS), is witnessing firsthand how the changes, challenges, and new opportunities for MVPDs and content providers are evolving the industry faster than ever. She took some time to reflect on how the 2020s impacted companies and how new technological approaches are opening new doors to growth and profitability.

The 2020s have already proven to be a decade of sweeping change for MVPDs and cable operators around the U.S., starting with the repurposing of C-band spectrum for 5G services. We’re three years in – what’s it like now?

(AO) Well, the C-band reallocation had a definite material impact on satellite-based services; I mean, how could it not? Many of them had to transition to a new satellite physically - for example, our services that had operated from the SES-11 satellite had to migrate to the SES-21 satellite in response. That said, it wasn’t the only thing changing for providers; it was more of a catalyst for a hard look at a) how technology was evolving, b) how device improvements, high-def video and subscription models were changing the competitive landscape, and c) how to compete more effectively in a more dynamic market.

Are these the reasons why CTS recently introduced a new terrestrial distribution model?

(AO) Precisely. MVPDs don’t operate in a bubble; they’ve paid attention to the ways the competitive landscape has changed – changes that have happened on both sides of the screen. For CTS, these are partners we’ve worked with for a long, long time. Satellite delivery is trusted and reliable, but it has limitations; it takes a lot of equipment – and, most importantly, it used to be the only option for many of them. Managed Terrestrial Distribution, or MTD, replaces most (or all) satellite feeds to a cable plant with broadband IP networking. MTD uses a system’s existing internet connection and doesn’t require a dedicated point-to-pointconnection to any specific PoP. This not only liberates MVPDs

from the limitations of a fixed transponder bandwidth but also paves the way for the entire content-to-consumer pathway to evolve into full IP delivery.

So, the net result essentially gives these businesses a way to improve services and attract more subscribers in two ways – the ability to offer more services but also more HD content?

(AO) Ultimately, it’s an opportunity for MVPDs to reimagine the way consumers can engage with their content and clear the way for an evolution to full IP delivery to customers. To your point, yes – with the managed terrestrial distribution we’ve rolled out, a distributor can effectively double the amount of channels they offer and triple the amount of MPEG-4 HD content; but the actual hardware investment is drastically reduced as well. For our current customers as well as other providers looking for a new technology foundation to grow on, we think it’s worth having a conversation about.

Learn more about CTS’ Managed Terrestrial Distribution service here ■

Allison Olien

Comcast Technology Solutions has a new “ground game” for MVPDs and content providers

Customers Prefer Digital Channels to Communicate

By Mike Roddy

CEO, GOCare

The broadband industry is changing rapidly. There is a seemingly endless supply of public and private capital to construct wireless & fiber networks, technology is driving significant speed increases, and we now have competition in very small markets. The personal communication preferences of subscribers are also changing. According to Gartner, millennials and Gen Z customers greatly favor selfhelp tools over phone calls, and Gen Z’ers abhor phone calls so much they would need to save almost 30 minutes off their digital interactions (webchat, SMS, social media, or email) before a phone call is preferred. Furthermore, no single digital channel is preferred all the time. Preferences are based on the time and event, which dictates requiring any or all channels to be available ubiquitously.

Mike Roddy

Despite changing customer communication preferences, however, Gartner acknowledges digital channel adoption remains low because these channels rarely work seamlessly or ‘interchangeably.’ That is, a customer cannot utilize three channels over three contacts and expect an agent to quickly tie the history together. Searching multiple systems (‘swivel-chairing’) lengthens the average contact time with an agent and results in a diminished level of customer satisfaction.

GOCare simplifies the interaction among all channels and provides a single ‘customer journey’ or repository of notes. Consequently, in an 18-month span, one customer (see above) experienced a 600% increase in digital engagement (7% to 47%), where average holding times are almost 80% shorter than a phone call.

GOCare customers also have numerous self-help options using standard SMS. For example, the ability to pay their bill securely and conveniently – text PAYMYBILL; or to inquire about an outage – text OUTAGE; and to change or cancel an appointment – text APPT. These operational gains over digital channels afford agents even greater time for the more ‘complicated’ issues that come in as phone calls and alleviate the need to rush through an inquiry to meet arbitrary average handling times (AHT) metrics in the call center.

The result is improved agent experience, improved customer experience – or a Total Experience improvement. And happy customers pay their bills and churn less often. We look forward to discussing how GOCare will help you! ■

Data Aggregation and Reporting: Continuous Improvement

By Edric Starbird

Managing Director, Sand Cherry Associates

Congratulations! Your organization has climbed the hill to be ready for the imminent FCC-mandated ACP compliance reporting obligation. However, data sourcing, aggregation, and reporting efforts like this are rarely a “one-and-done” effort. Targets seldom stay still, and these efforts will need to be repeated.

It is crucial to take time to build off each scramble and fortify internal reporting processes. Efficiencies will be gained so the next similar effort won’t cause the same organizational stress. And it will help make company-wide business intelligence efforts more robust. Consider four core areas to review after every major report delivery:

1. Source Systems: Does chasing scattered data feel disjointed, with bits and pieces needed from everywhere: product, marketing, engineering, operations, finance, etc.? Creating a Data Dictionary that maps definitions to specific compliance and business intelligence reports helps document learnings about how the data is identified and retrieved for each source system. This is also the opportunity to create new data definitions and modify source systems for future data requirements.

2. Data Aggregation Point: Is your landing point for data an email inbox? Consider creating a structured data environment such as a “Data Warehouse” or “Data Lake.” Simply put, these are destination points for consolidating data. A set of SQL tables in a cloud environment can be both sufficient and cost-effective. If “extra” data was required for the report, document those new data elements and expand the data structure to house them.

3. Data Wrangling and Alignment: Data sourced from various systems is never perfectly aligned with the desired output. Some amount of adjustment is necessary. The data can be modified on the way in (ETL – Extract Transform & Load), or it can be modified after landing at the Data Aggregation Point (ELT – Extract Load & Transform). Often, each system differs in the timing of updates and delivery, metric terminology, measurement timeframes, etc. Document these differences and the transformation steps to align the data with your needs.

Edric Starbird

4. Reporting: At this stage, the challenge is not merely delivering the final report, but being ready for the next event. Each entity requiring a reporting submission has its own cadence and variations of when and what is next required. Create and maintain a reporting program plan that calendarizes upcoming milestones for each entity and associated report. A cloud-based, shareable version can keep reporting analysts on track and data stewards in the organization aware of when their source systems will next be pinged.

With Sand Cherry’s 20+ years of experience working with broadband service providers, we have helped establish stable and repeatable processes and structures to support data aggregation, automated reporting, and analysis. Every reporting success is an opportunity for review and continuous improvement.

For more information about Sand Cherry’s data solutions, please visit us at www. sandcherryassociates.com/consulting-services/ business-intelligence ■

Final Round of the 2023 Community Champions Nominations!

By Stacey Leech ACA Connects Vice President of Member Services

The nomination period for the ACA Connects 2023 Community Champions contest has come to an end, but not before an additional 13 community service projects were submitted! We received an overwhelming response to this year’s challenge – more than doubling the number of nominations received in the 2022 inaugural competition.

All of the projects submitted by our broadband and cable providers for this year’s contest show the true essence of our industry and the principal goal of supporting the neighborhoods they serve, not only through the services they provide but also through community engagement. The efforts demonstrated by our ACA Connects members have a positive impact on their communities and make a tangible difference in the lives of many of their neighbors.

The next several pages spotlight our final round of submissions. Please take a moment and see firsthand the effects these projects have on their communities. Here’s a quick recap of nominations received between June 2 and August 31:

• Armstrong’s A Walk for Hunger generates funds for community feeding programs and partners with a local school to increase awareness. Over the span of five years, this initiative has surpassed $25,000 in contributions to the Greater Pittsburgh Food Bank and provided over 75,000 meals to families and seniors in the communities they serve.

• Blue Ridge Communications has partnered with Keystone Military Families (KMF) for the past 13 years to support the annual Stockings for Soldiers initiative. The long-standing partnership has helped raise over $200K in donations, which in turn helped brighten the holidays for approximately 100K active military personnel, veterans, and their families.

• ImOn Communications United Way Day of Caring is a favorite among employees as a way to meet the needs of and improve quality of life for residents in their community. Since 2018, ImOn has also granted $372,557 to United Way of East Central Iowa – 97% of which was donated by their employees! Another ImOn initiative is The ImOn Difference. Through sponsorships, monetary and service donations, and in-kind advertising, over a quarter of a million dollars was contributed back into their communities

• Metronet’s commitment to their communities is well-documented with multiple projects spanning the communities they serve. Here are the initiatives that were nominated this year: Ditch Clean-up as part of Adopt-A-Highway in Minnesota; assisting North Carolina Toys for Tots by collecting and warehousing local donations;

Sleep in Heavenly Peace helps to deliver beds to children in need; promotion and increased awareness of Girl Scouts of Greater Iowa through fundraising on their behalf; a Plainfield YMCA service project included revitalizing outdoor space at the Illinois location along with donating and assembling first aid kits for YMCA camps; in Indiana, a Streaming Seminar was offered to anyone who wanted to learn more about streaming in a safe and comfortable environment; a Leukemia Giveback was a project that provided a donation to a community member who lost a child to the illness; and an Ohio Earth Day project involved collecting trash and debris from Little Beaver Creek and Hagenbuch Reserve, contributing to the rejuvenation of the wetlands and overall ecosystem.

• WOW! Internet, TV & Phone’s community service project Ready for Takeoff: Supporting Local STEM Initiatives reflects the company’s spirit of service! The effort included a donation to a local school’s technology and simulation software for the students. Additionally, WOW! holds a seat on an advisory council to support and mentor high school students, connect them to the business community and prepare them for successful careers after high school.

With so many commendable projects, this year’s contest is sure to be a tight race! Voting begins on September 27 and will continue through 5 pm Eastern time on October 31 on the ACA Connects website! The winner will be announced in November and presented with a $ 2,500 check to continue their efforts. Good luck to all of the nominated projects! You’re all winners in the eyes of ACA Connects and the communities you serve! ■

Armstrong A Walk For Hunger

The Armstrong Breaking Bread initiative orchestrates the Walk for Hunger event annually, led by a high school senior from Seneca Valley High School as part of their senior project, in collaboration with our Community Marketing Manager. This walk aims to generate funds for community feeding programs. In the previous year, this single-day event amassed more than $8,000 in donations. The upcoming event, scheduled for September 10th, has set an ambitious fundraising target of $10,000. Over the span of five years, A Walk for Hunger has surpassed $25,000 in contributions, as per records from the Greater Pittsburgh Food Bank, benefiting families, children, and seniors within the communities we serve by providing over 75,000 meals. ■

Stacey Leech is ACA Connects Vice President of Member Services. She serves as the liaison between the association and ACA Connects AMP vendor partners. Stacey works to develop marketing plans that maximize membership benefits and leverage sponsorship opportunities.

Blue Ridge Keystone Military Families - Stockings for Soldiers

Blue Ridge Communications has partnered with Keystone Military Families (KMF) for the past 13 years to support the annual Stockings for Soldiers initiative. KMF is a non-profit organization founded in 2002 by Kyle Lord, a proud military mother. Their mission is to provide caring support for our troops, our veterans, and their families through 100% public donations. Each year, Stockings for Soldiers aims to raise money for KMF to ship 8-10K holiday stockings filled with comfort items as well as holiday cards to those serving in our military around the world who will be unable to return home for the holidays. Spearheaded by Cindy Mellinger, Marketing and Community Relations Coordinator for Blue Ridge, from the early beginnings in 2010 the project continues to expand and grow each year contributing to our record-breaking results in 2022 with over 11K holiday stockings shipped to soldiers worldwide! Over the span of our long-standing partnership with KMF, Blue Ridge along with its employees and local community members have helped raise well over $200K in monetary donations which in turn helped brighten the holidays for approximately 100K active military personnel, veterans, and their families. This is just one of the many ways we at Blue Ridge continue to build trusted and valued connections with the communities we serve across Northeastern PA, and beyond! ■

ImOn Communications

United Way Day of Caring

ImOn Communications has formed many traditions over the last 16 years, but Day of Caring has always been a standout favorite among our employees.

Each year for the last decade, we have partnered with our local United Way chapter, United Way of East Central Iowa, to spend a day volunteering in the communities we serve. This day – known as Day of Caring – is dedicated entirely to meeting the needs of and improving quality of life for residents in our community.

Our team has tackled a wide variety of community improvement projects throughout the years, from building wheelchair ramps for private residences to assembling science education kits for schools, packaging meals for food shelters, resurfacing a baseball diamond in a public park, and planting flowers around the neighborhood. No two years are the same, which is part of the fun!

As ImOn has grown, so has our dedication to Day of Caring. In 2023, 50 employees (more than half of our Cedar Rapids staff) participated in Day of Caring to give back to the communities we live and work in. Our employees’ commitment to our local United Way chapter doesn’t end there. Since 2018, ImOn has granted $372,557 to United Way of East Central Iowa – 97% of which was donated by our employees! ■

ImOn Communications

The ImOn Difference

ImOn Communications is dedicated to connecting the communities we serve – and not just through our broadband services.

We strive to uplift our communities through as many channels as possible, including sponsorships, monetary donations, service donations, in-kind advertising, and more. In 2022, we supported 85 different organizations across our three service areas. These efforts resulted in over a quarter of a million dollars contributed back into those communities ($289,441 to be exact!).

We also believe in enabling our employees to support the organizations and causes that are meaningful to them. That’s why every ImOn employee receives 16 hours of paid volunteer time per year. With nearly 200 employees, this equates to 3,200 paid volunteer hours available companywide. In other words, we spend 133 days of the year giving back to our community!

As we expand our service footprint and our staff in 2024, we look forward to growing these numbers. However, there’s one thing that won’t change as we grow: our commitment to taking care of our customers and our community outside of the services we provide. ■

Metronet Ditch Cleanup Initiative

Metronet is deeply committed to community involvement. As ACA Connects Community Champions, we proudly showcase Minnesota Metronet’s dedication through our ditch cleanup initiative. One project involves annual participation in the “Adopt a Highway” program, where we assume responsibility for a 2-mile stretch of HWY 218 South of Owatonna, MN. Every year, the Metronet team gathers for a cleanup, contributing to environmental preservation. Field technicians Nels Barbknecht and Steve Larson led a group of volunteers on a Saturday morning to clear the highway’s ditches.

During the cleanup, the team encounters various wildlife, including Whitetail deer fawns and a family of wild turkeys. The turkey family remained hidden until our team approached, then took off, surprising the cleanup crew. While cleaning up, nearby residents expressed their appreciation, mentioning that this highway section is close to a landfill, leading to debris falling from incoming trucks and trailers.

Our ditch cleanup initiative saw participation from volunteers across various markets, including Rochester, Owatonna, Lakeville, and even volunteers from Kentucky. This cleanup effort not only gives back to the local community but also fosters team building and connection among our volunteers. Ultimately, our ditch cleanup Initiative shows the impact made when individuals unite for positive change. ■

Metronet Toys for Tots

When Metronet expanded to North Carolina in the fall of 2021, Community Engagement Coordinator Sarah Pfeffer worked to establish Metronet’s commitment to the community in their first North Carolina market, Fayetteville. During the holiday season, local businesses with storefronts host toy drives to benefit Toys for Tots. With Metronet being in its infancy and without an established storefront to host its own drive, the company partnered with Toys for Tots to pick up the toys from all the locations around Fayetteville, which alleviated the nonprofit of a typical moving and storage expense of several hundred dollars.

As Metronet continued to expand its North Carolina footprint, these efforts were duplicated in additional cities. Metronet even received the 2023 Greenville, North Carolina Toys for Tots Commander’s Award in recognition of their significant contribution to collection efforts in 2021 and 2022. North Carolina Metronet associates look forward to continuing their annual holiday tradition: using Metronet trucks to drive around town for a day collecting toys for Toys for Tots and playing a part in giving Christmas gifts to less fortunate children in the communities Metronet serves. ■

Metronet Metronet & Sleep in Heavenly Peace: Transforming Lives Together

In the heart of Brazos County, “Sleep in Heavenly Peace” is making a profound impact by providing free beds to children in need. As a local telecommunications provider, Metronet is dedicated to giving back to the community it serves; Upon hearing about this wonderful initiative, Metronet volunteered to partner with Sleep In Heavenly Peace to aid in building and delivering beds to children within the community.

Sleep heavily impacts children’s growth, cognition, and emotions. Quality sleep enhances learning, memory, and creativity. Beds are sanctuaries promoting rest and well-being, fostering routines for a healthy life. Sleep in Heavenly Peace recognizes the far-reaching implications of providing beds to children in need. In Brazos County, it is estimated that 7,015 kids lack beds. As of April 2023, more than 200 beds have been delivered year to date.

Sleep is pivotal for children’s social, emotional, and educational development. Beds symbolize safety and opportunity. By working together, Sleep in Heavenly Peace and Metronet illuminate a path toward a brighter future for children in Brazos County and beyond, emphasizing the importance of sleep, the comfort of a bed, and the incredible potential for positive transformation through compassionate and thoughtful partnerships. ■

Metronet Metronet Gives Back to GSGI

At Metronet, we pride ourselves not only in our quality of service and customer satisfaction—we strive to create lasting partnerships and provide resources to help the communities we serve, flourish.

Telecommunications is known for being a male dominated field, but at Metronet, we are committed to helping break that stigma. Throughout 2023, we have partnered with the Girl Scouts of Greater Iowa (GSGI) to raise awareness and support their mission.

March 24, 2023: Our Ames storefront hosted a booth for Troop #10006, where all local Metronet customers were invited to visit and purchase cookies. At the end of the day, Metronet bought all remaining cases to help Troop #10006 hit their goals. The cases were then donated to Food at First, a local nonprofit that serves daily free meals to the community.

August 11, 2023: Metronet volunteers staffed the GSGI booth at the Iowa State Fair. We worked side by side with Troop Leaders and community volunteers, to serve ice cream and fund-raise for the GSGI.

October 2023: Metronet is sponsoring the Incredible Women in Science Expo in Des Moines. We will have demonstrations led by one of our female technicians and are hosting a seminar to encourage young leaders and instill the value of women STEM professions. ■

Metronet Plainfield YMCA Clean Up

As a member of the Metronet IL DSA team and Community Engagement Coordinator, Lindsay Kent dedicated an entire day to assisting the Plainfield, IL YMCA in revitalizing their outdoor space, preparing it for summer events. This Earth Day initiative aimed to contribute positively to the community, channeling volunteers’ efforts into enhancing the Plainfield YMCA’s outdoor area with clean yards, new flower beds, fresh mulch, and more. The primary objective was to give back to the community by offering time, skills, and energy to rejuvenate the park and refresh the flower beds. In addition, our team allocated time to assemble first aid kits for the YMCA’s summer camps, further supporting their activities throughout the season. With over 100 volunteers participating annually, this Earth Day event has established itself as a significant community engagement occasion. Being part of this event allowed us to proudly represent Metronet and reaffirm our commitment to the communities we serve. We were delighted to play a role in this endeavor, emphasizing our dedication to environmental responsibility and community betterment. ■

Metronet Lafayette Streaming Seminar

Several of our Lafayette residents have expressed frustrations with the rising cost of cable TV. It’s getting too expensive, but they feel stuck and helpless because it’s what they know, and they fear streaming. This April, Metronet decided to host an event just for these folks. We opened our doors to anyone who wanted to learn more about streaming in a safe and comfortable environment. We brought in our Product Manager, who was more than happy to sit down and take the time to start from square one and answer countless questions until everyone in the room felt comfortable with which platform had their favorite shows, what the remote looked and felt like, where to purchase the devices, and how to set it up. We raffled off several streaming devices, which the winners were able to take home with them that night. The feedback was unbelievable! People were so unsure walking in the door why a company would host an event like this, where they would actually be LOSING customers. Only a true Community Champion puts their customers first the way that Metronet does. ■

Metronet Metronet Leukemia Giveback

Metronet’s Community Engagement team puts together events on a regular basis for the community. During the months of May and June, our Community First initiative was Mental Health. During the process of working with Revel Fitness to host a complimentary Shine Dance Fitness class in June, Mary Glowner found out from instructor Sandy Rhodes that one of the members of her Shine Dance community had lost a son to Leukemia.

Immediately, Mary and Sandy snapped into action to figure out how they could pivot this mental health awareness into an event to support this family in their time of need. The original plan was for Metronet to cover the entry fees of the class, and we would be paying Sandy directly. But Sandy selflessly asked that we instead direct those funds toward the grieving family. Mary went to work to make it happen and took the extra step of getting approval for a check for the max donation of $500 Metronet to Mason’s family. His mother decided to donate the check directly to the Leukemia and Lymphoma Society in Mason’s honor. ■

Metronet Earth Day 2023 Volunteer

In honor of Earth Day 2023, the Ohio Metronet team reaffirmed their dedication to environmental preservation by collaborating with the Beaver Creek Wetlands Association. Established in 1998, this 501(c)3 organization focuses on safeguarding and restoring wetlands and natural spaces in Greene County’s Beaver Creek watershed. Our initiative involved a litter cleanup along Little Beaver Creek and Hagenbuch Reserve, an area renowned for its native plants and Little Beaver Creek’s scenic allure.

During the event, we collected trash and debris from the creek and its surroundings, contributing to the rejuvenation of the wetlands and overall ecosystem. This hands-on approach holds paramount significance in addressing climate change, as reduced pollution aligns with our commitment to mitigating environmental impact. Proper waste disposal and recycling efforts further underscore the importance of conserving resources and curbing landfill waste’s detrimental effects on ecosystems.

The volunteer endeavor stands as a distinctive means by which Metronet reciprocates its commitment to the community we serve, exemplifying our dedication to environmental stewardship. ■

WOW! Internet, TV & Phone

Ready for Takeoff: Supporting Local STEM Initiatives

Spirit of Service is central to WOW!’s culture and identity and is reflected in its interactions with customers, coworkers, and in the communities it serves. As WOW! began offering its broadband services in its Central Florida Greenfield market last year, the team identified opportunities to contribute to a bright future for local students at two schools through support of STEM education initiatives.

In Sanford, Florida, WOW! made a $45,000 donation to the Goldsboro Elementary Magnet School Kids Space Center to update the technology and simulation software for the students. The Space Center is a vital community resource, providing STEM education opportunities for students to explore space through various simulations and experiments. The money will be used to update its mission control center, experiment bays, lunar landing testing technology, and simulation software.

In addition to the donation, a representative from WOW! joined the local Crooms Academy of Information Technology’s Business Advisory Council to support and mentor high school students, connect them to the business community and prepare them for successful careers after high school.

Both contributions to the community are intended to help the local students flourish and further showcase WOW!’s ongoing commitment to the residents and families of Sanford. ■

BEAD the Clock: Tomorrow’s Plans, Today

5 STEPS TO PREPARE FOR $42.5 BILLION IN BROADBAND

FUNDING

By Nathan Weber

VP of Engineering, Vantage Point Solutions

BEAD funding – the $42.5 billion Broadband Equity, Access, and Deployment (BEAD) program – is not a “once-in-alifetime” opportunity for broadband providers. It is a “once” opportunity, and the clock is already ticking. While policymakers and state offices finalize their plans in the coming months, for network operators, it’s time to take action with five key areas of preparation.

1. Look at the map

Where do you want to expand? Examine your existing territory, strategic plans, and eligibility maps to identify potential areas of application. Vantage Point recommends a “go big or go home” attitude; you can always slim down your vision, but it’s hard to expand your plans later.

Also, keep an eye out for potential partners: existing providers, municipalities, tribal entities, or others. It’s challenging to develop a partnership under a time constraint, so starting these conversations early helps the odds of success.

2. Develop Preliminary Plans

What does your preliminary network layout look like? Greenfield fiber? An upgrade? Buried or aerial construction? If it’s aerial, is make-ready necessary? Is it all contained in one state or multiple? Answering these questions allows you to develop initial engineering designs necessary to strategize for BEAD applications.

These initial designs also allow for capital expenditure estimates and pre-planning construction hurdles. How much will it cost to build? How will inflation and prevailing wage requirements impact the cost? What services will be offered? Do you have other building obligations to work around? Can you get a start on permitting or environmental headaches? You don’t have to wait for state guidelines to start wrestling with these issues.

3. Financial Feasibility

With CapEx estimates in place, examining project-specific feasibility will help you prioritize different areas to optimize application scoring. Your feasibility should hold a 10-year view, accounting for end-user revenues, which will clarify the

lowest amount of funding needed. Again, this information is powerful when optimizing scoring strategies.

4. Cybersecurity & Supply Chain Risk Management

A Cybersecurity Risk Management Plan and a Supply Chain Risk Management Plan will both be required for BEAD. Putting them in place now gets them off your plate. Note they must both be operational or ready to be operational upon providing services, and you’ll need to submit the plan to the State prior to the allocation of funds.

5. Engage Community Leaders

It takes time to build relationships and trust. Have these conversations before you “need” them: Ask local leaders about their needs, how a BEAD-funded network would impact them, and what economic impact it could have. These can be city, county, or township governments, local stakeholders, anchor institutions, or simply influential community members. ■

Nathan Weber

ATSC 3.0 with WISI: Empowering Operators for Seamless Evolution

By Rosalinda Thorleifson

Marketing Manager, WISI America

The video broadcasting industry is experiencing a significant transformation with the introduction of ATSC 3.0, and it has been making notable progress in the current video market. The Federal Communications Commission (FCC) has implemented rules to facilitate a smoother transition to ATSC 3.0. These rules aim to address potential obstacles and pave the way for broadcasters and video operators to embrace the new standard effectively.

Furthermore, TechHive states that ATSC 3.0 is expected to start ramping up in 2024, signifying the acceleration of its adoption in the industry. This aligns with the projected timeline for widespread implementation of ATSC 3.0, highlighting the imminent breakthrough of this advanced standard. The FCC's efforts and regulatory support, combined with the anticipated ramp-up in 2024, emphasize the increasing importance and momentum of ATSC 3.0 in today's video market.

At some point in the future, ATSC 1.0 signals will be turned off, and if operators don’t have the capability to support ATSC 3.0, they risk being left behind. As ATSC 1.0 receive equipment ages out or starts failing, it only makes sense to replace this with ATSC 3.0 compatible equipment. By investing in new technologies now, operators can ensure their video network is future-proofed and have peace of mind that they are ready for the next-gen television.

Responding to this paradigm shift, WISI, a leading provider of video delivery solutions, introduced a new off-air receiver module designed to usher video operators into the realm of ATSC 3.0. The innovative VMA-AT3 module is easily integrated into WISI’s modular Inca IP Video Platform, which not only permits the addition of modules for other applications, such as transcoding, but also simplifies the transition process.

The new module receives ATSC 1.0 or clearQAM signals out of the box. A software license can be remotely applied at a later date to receive ATSC 3.0, enabling operators to seamlessly implement ATSC 3.0 functionality, which eliminates costly truck rolls and site visits.

Upgrading to ATSC 3.0 may be completed on a per-tuner basis, allowing for a gradual transition of services as 3.0 signals become available.

By choosing WISI, video operators can unlock the full potential of ATSC 3.0, enhance their network capabilities, and deliver exceptional content and services to their audiences in the ATSC 3.0 era. WISI's commitment to empowering video operators with flexible solutions ensures an easy evolution to ATSC 3.0 while maximizing operational efficiency and future-proofing networks. Embrace the possibilities with WISI and embark on a transformative journey in the world of video delivery. ■

Rosalinda Thorleifson

THE MEMBERS' LOUNGE

ACA Connects' website, led by the Members' Lounge, is an online platform providing access to key documents, studies, reports and filings that serve as value-added components to an ACA Connects Membership.

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