While Cleveland was ranked one of worst-connected cities in America in 2019 by the National Digital Inclusion Alliance (NDIA), nonprofit, DigitalC is chipping away at this reputation with a fast-tracked initiative aimed at bringing affordable broadband to the people that need it. The nonprofit’s Wireless Internet Service Provider, EmpowerCLE+ launched in 2018 and quickly accelerated in 2020 in response to the pandemic. EmpowerCLE+ provides “fast, reliable Internet speeds for $18/month, and is hoping to double its capacity to 6,000 households in the coming year.

Currently, households are receiving service via a fiber-fed mesh millimeter wave network. The expansion will include additional fiber for Multi-Dwelling Units (MDUs) as well as new wireless deployments, including Citizens Broadband Radio Service (CBRS) network. The new CBRS expansion will help the network overcome geographical obstacles and bring additional service to homes it was not able to reach before with just millimeter wave technology.  

Connecting the Unconnected

According to DigitalC's website, the nonprofit came from OneCommunity, formerly known as OneCleveland and founded in 2003 to build a backbone fiber network connecting hospitals and other nonprofits throughout the metropolitan area. In 2014, OneCommunity sold its fiber assets to Everstream, a Cleveland-based ISP serving communities throughout the midwest and parts of the east coast with fast, reliable Internet through fiber.

In 2015, DigitalC was established to “make Greater Cleveland's digital future more equitable.” The nonprofit spent the last six years focused on connecting communities of color and immigrant communities that have experienced redlining in the city. 

Cuyahoga County, Ohio’s Office of Innovation and Performance just issued a Request for Information (RFI) [pdf] which seeks to gather information from private vendors in the initial stages of a plan to improve connectivity for those on the wrong side of the broadband gap in Cleveland and the surrounding area. Responses are due January 15th.

Grace Chu, Cleveland Foundation Public Service Fellow with the Cuyahoga County Office of Innovation & Performance, spoke with us about the origins of the RFI and what the county hopes to get out of the request. The county released a new strategic plan in 2017, and broadband played a prominent role. In the time since, the county has partnered with local organizations (like DigitalC and PCs for People) in distributing devices and hotspots to get families connected. Their efforts have intensified during in 2020 and in the wake of the pandemic, but local officials seek a longer term, more comprehensive solution to the connectivity crisis. It sees projects coming to fruition over the next couple of years.

In the announcement, County Executive Armond Budish emphasized the scope of the digital divide and how the efforts they’ve taken during the ongoing Covid 19 pandemic:

Sadly, Cuyahoga County is one of the worst connected communities in the U.S., with 19 percent of households not having any type of internet service. While we’ve been working to lessen the digital divide through partnerships with the Cleveland Foundation and PCs for People—we provided broadband access to over 3,000 homes through this initiative—this RFI allows us to work toward a more long-term solution that can reach more people and provide easier access for those who need it.

Since 2017, AT&T has been called out for digital redlining in Cleveland and Detroit. Now, Dr. Brian Whitacre from Oklahoma State University has compared 477 data from the company to poverty levels in Dallas County, Texas, and discovered similar findings. He entered into the project under the request of Attorney Darryl Parks, who filed the complaint against the Federal Communications Commission (FCC) against AT&T relating to digital redlining in Cleveland.

Dr. Whitacre provided a statement of his findings to the National Digital Inclusion Alliance (NDIA) to be published in full. Read his findings here.

In his POTs and PANs blog, Doug Dawson of CCG Consulting analyzed Whitacre’s findings. AT&T offers Fiber-to-the Home (FTTH), VDSL, and ADSL2 or ADSL2+, which all provide dramatically different speeds. As Dawson summed up:

It’s worth noting before going further that the… speed differences, while dramatic, [don’t] tell the whole story. The older ADSL technology has a dramatic drop in customer speeds with distances and speeds are also influenced by the quality of the copper wires. Dr. Whitaker noted that he had anecdotal evidence that some of the homes that were listed as having 3 Megabits per second (Mbps) of 6 Mbps might have speeds under 1 Mbps.

Dr. Whitaker then overlaid the broadband availability against poverty levels in the county. His analysis started by looking at Census blocks have at least 35% of households below the poverty level. In Dallas County, 6,777 census blocks have poverty rates of 35% or higher.

The findings were as follows:

Earlier this summer, we talked with Jase Wilson and Lindsey Brannon from Neighborly, the investment firm that uses online investing to allow individuals to invest in publicly owned infrastructure projects, including broadband networks. Jase and Lindsey described a program they had just launched, the Neighborly Community Broadband Accelerator. 

A Boost for Local Broadband

The program is designed to help local communities with necessary tools and financing from the start of their project planning. The Accelerator will provide mapping and community engagement tools, help from experts who will share best practices, and access to industry partners, such as ISPs and engineers. In addition to these and other information perks, communities accepted to the program will have the benefit of Neighborly financing at a competitive, below industry rate cost.

Applications were due by September 28th and more than 100 applications indicate that, more than ever, local communities are interested in taking action to improve connectivity. These 35 communities were accepted into the Broadband Accelerator Program:

In Detroit, AT&T is facing a formal FCC complaint accusing the telecom giant of deploying discriminatory “digital redlining” tactics. This is the second such complaint filed against the telecommunications giant since the first of the year.

Demanding Equality in Connectivity

The complaint filed by civil rights attorney Daryl Parks says the FCC violated the Communications Act which forbids unjust and unreasonable discrimination. A month earlier, Parks filed a similar complaint on behalf of three Cleveland residents. In both instances, Parks and community members maintain that AT&T is withholding high-speed Internet from minority neighborhoods that have higher poverty rates.

These complaints fall under Title II of the Communications Act, which contains not only net neutrality rules but important consumer protections regarding discrimination. Title II SEC. 202. [47 U.S.C. 202] (a) clearly specifies:

It shall be unlawful for any common carrier to make any unjust or unreasonable discrimination in charges, practices, classifications, regulations, facilities, or services for or in connection with like communication service, directly or indirectly, by any means or device, or to make or give any undue or unreasonable preference or advantage to any particular person, class of persons, or locality, or to subject any particular person, class of persons, or locality to any undue or unreasonable prejudice or disadvantage.

Large, corporate providers like AT&T have to make shareholders happy, which is why they shy way from investing in regions where they don’t expect much profit. Routinely, those areas include sparsely populated rural communities and urban neighborhoods traditionally considered low-income. Often low-income neighborhoods also include a high percentage of people of color. Attorney Daryl Parks of ParksCrump, LLC, recently filed suit with the FCC on behalf of three residents in Cleveland who are victims of AT&T's "digital redlining."

The Data Tells The Story

In March, the National Digital Inclusion Alliance (NDIA) and Connect Your Community (CYC) released a report on digital redlining in low-income neighborhoods in Cleveland. “Digital redlining” refers to AT&T’s investments in infrastructure, which improve connectivity in areas where they serve, except for neighborhoods with high poverty rates. CYC and NDIA analyzed form 477 data submitted by the telecommunications company and noticed a pattern. The revelations in that report helped the plaintiffs understand their situation and choose to ask the FCC to look deeper into AT&T's questionable business practices.

The event that inspired the analysis was the AT&T DirecTV merger. As part of the merger, AT&T agreed to create a low-cost Internet access program for customers under a certain income level. The speed tier was only 3 Megabits per second (Mbps) download, but AT&T infrastructure investment in Cleveland lower income neighborhoods was so outdated, residents could not obtain those minimal speeds. As a result, they were deemed ineligible for the program.

The Case

The complainants are three African-American residents in Cleveland’s lower income neighborhoods who can’t take advantage of the affordable program mandated by the merger because they can only access speeds of up to 1.5 Mbps download or less. Without the infrastructure to connect at higher capacity, they’ve ended up paying higher rates for slower Internet access.

In a press release on the complaint, Parks stated:

A new report from the National Digital Inclusion Alliance and Connect Your Community concludes that the telecom giant AT&T has redlined low-income neighborhoods in Cleveland. The company has cherry-picked higher-income neighborhoods for new technology investments and skipped over neighborhoods with high-proverty rates.

AT&T’s Digital Redlining, uses publicly available data from the FCC and the American Community Survey to expose how AT&T has failed to invest in low-income communities in Cleveland.

See With Your Own Eyes

Read the report and explore the interactive maps on digitalinclusion.org. The National Digital Inclusion Alliance and Connect Your Community spent six months uncovering how AT&T has systematically passed over communities with high poverty rates. The five maps paint a stark picture of the digital divide. 

The extent of AT&T’s failure only came to light after the AT&T and DirecTV merger. As part of the merger, AT&T had to create an affordable Internet access program for low-income residents. The lowest speed tier in the program was 3 Megabits per second (Mbps) download for $5, but many low-income communities in Cleveland were considered ineligible; infrastructure in their communities only allowed access to speeds that maxed out at about 1.5 Mbps download. (Read more in "AT&T Gets Snagged in Giant Loophole Attempting to Avoid Merger Responsibility")

Public Data Can Share Some Insights 

The National Digital Inclusion Alliance and Connect Your Community noticed a pattern and began investigating. The FCC Form 477 data used in the report provides maximum speeds and technology by each census block, which typically overstates the quality of service actually available to households.

They're at it again. Recently, they have been called out for taking advantage of E-rate; now they are taking advantage of their own lack of infrastructure investment to worm their way out of obligations to serve low-income residents. Fortunately, a nonprofit group caught up with AT&T's shenanigans and held their feet to the fire.

"Nah, We Don't Have To Do That..."

As part of FCC-mandated conditions under which AT&T was allowed to acquire DirecTV in 2015, the telecommunications conglomerate created the "Access from AT&T" program, offering discount Internet access to low-income households. The program consists of tiered services - download speeds of 10 Megabits per second (Mbps) for $10 per month, 5 Mbps for $10 per month, and 3 Mbps for $5 per month.

The company is required to enroll households in the fastest speeds available, but a significant amount of low-income families don't qualify because the fastest speed AT&T offered to their home is 1.5 Mbps download. The problem, created by AT&T's own lack of infrastructure investment in certain neighborhoods, allowed AT&T to dodge their responsibility under the terms of the DirecTV acquisition by simply denying enrollment to households with speeds less than 3 Mbps. Trouble is, some one noticed.

NDIA In Cleveland, Detroit

The National Digital Inclusion Alliance (NDIA) realized the scope of the problem when they attempted to help families in low-income neighborhoods in Detroit and Cleveland sign up for Access from AT&T. In addition to discovering that residents could only obtain 1.5 Mbps download speeds, NDIA found that AT&T denied these households enrollment because their speeds were too slow. The only other option for ineligible households was AT&T’s normal rate for 1.5 Mbps service, which is six times the cost of the Access program.

Loopholes: All Lawyered Up And Nowhere To Go