David McCabe

The contenders for next GOP FCC commissioner

Here's a look at some of the possible the contenders for the third Republican seat for Commissioner on the Federal Communications Commission:

Roslyn Layton: an American Enterprise Institute scholar. She served on President Donald Trump's FCC transition team, and was opposed to many of the signature rules adopted under former Chairman Tom Wheeler, including network neutrality, broadband privacy and opening up the set-top box market.

Ben Moncrief: a lobbyist for C Spire, a wireless company based in MS. Moncrief would potentially be good news for smaller companies like C Spire and could be a tough break for the big dogs like AT&T and Verizon. That makes him a tough sell for some Republicans who are close to the large telecommunication companies.

Michelle Connolly: served as the FCC's top economist under its last Republican chairman, Kevin Martin. Her tenure overlapped with Ajit Pai's time as a staffer in the general counsel's office. It's pretty clear why big telcos would approve of Connolly: She referred to the FCC's net neutrality rules as "net neutering," per a Breitbart report at the time, and is listed as a policy fellow for the American Conservative Union's foundation. She would also be the first economist to be on the dais since Harold Furchtgott-Roth during the Clinton administration.

Indiana State Sen Brandt Hershman: He's seen as an ally of Vice President Mike Pence and has been considered a leading candidate for some time, though some sources say he may not longer be the frontrunner. Hershman's biggest resume line when it comes to tech policy is that he was instrumental in the passage of a bill deregulating the telecom sector in Indiana. He also supported AT&T while the FCC was reviewing its purchase of DirecTV.

The bottom line: No matter who President Trump picks, it won't change the commission's deregulatory trajectory that puts it on a collision course with Silicon Valley — particularly when it comes to net neutrality rules.

Sen John Thune is prairie player in tech world

Senate Commerce Committee Chairman John Thune (R-SD) has made himself into an indispensable player in debates over the future of technology policy and its ripple effects around the economy.

His education on technology issues began when he unexpectedly became the committee’s ranking member after then-Sen. Jim DeMint (R-SC) left the Senate to become the head of the conservative Heritage Foundation. When he became chairman in 2014, Thune said in a speech at the conservative American Enterprise Institute that lawmakers should work to free up government-owned spectrum — the invisible frequencies that carry signals to mobile devices — for private use. Chairman Thune released a bill to carry through that pledge, though it did not make it out of Congress. He’s found bipartisan ground on a bill to reauthorize the Federal Communications Commission, which would give Congress another chance to weigh in on the goings-on at the agency. That bill, however, also failed to make it through Congress. “He knows the facts, he knows the background, he knows where the policy challenges are and he knows what needs to be done,” said Andy Halataei, senior vice president for government affairs at the Information Technology Industry Council. “And I think the other thing that gives us confidence is the way he conducts the debate is that it’s usually pretty open, transparent, it’s pretty thoughtful and it lends itself to a bipartisan result.” Even some who disagree with Thune sing his praises.

Facebook launches guide for voters

Facebook rolled out a ballot guide aimed at preparing people for the voting booth, the company’s latest effort at civic engagement. The feature allows users to scroll through and get more information about the candidates and ballot issues they’ll see when they go to vote. What users see on the guide is what they'll see on their ballot, according to Facebook. “We’re interested in offering people a space that’s separate from News Feed where they can prepare for that they’re going to do in the ballot box,” said Jeremy Galen, a product marketing manager with the company.

A user can scroll through to see all the candidates for a given office and choose to see their position on the issue, assuming the candidate has uploaded that information to their Facebook page. They can also see other users who have endorsed the candidate. The website serves information on the presidential race first, followed by down-ballot races and ballot questions. The order in which candidates are presented on the page is randomized. The information comes from the Center for Technology and Civic Life, a nonprofit group. Users can favorite a candidate they plan to support, an action they can either keep to themselves or share with friends. That data will be discarded 60 days after Election Day, the company said, and will not be used for any advertising purposes.

White House contest casts shadow over mega-deal

Presidential politics are casting a shadow over the biggest media acquisition of 2016. The outcome of the White House race could help determine the fate of the proposed $85 billion sale of Time Warner to telecommunications behemoth AT&T, an unusual situation for a massive sale. “It’s such an interesting thing about this deal, is the fact that it was announced when it was announced,” said Craig Aaron, president of Free Press, which argues the deal would be bad for consumers. “I think this would be a highly controversial deal whenever it happened, but the fact that it’s happening two weeks out from the election and will be decided by … appointees who nobody knows who they are yet, makes this a much more political fight than maybe it would have been if it had happened at another time.” Neither of the presidential hopefuls has spoken kindly of the proposal.

AT&T CEO: Can't 'prejudge' role of free data programs in Time Warner review

AT&T’s chief executive said that he couldn't "prejudge" whether the issue of so-called zero-rating, or providing customers with free data when they view certain content, would hold up the company’s acquisition of Time Warner. Randall Stephenson said that he “can’t prejudge any of this” when asked whether the use of zero-rating could be a problem in getting the deal approved by regulators. “I really don’t know — just going to have to get into the process, put the data out with regulators, and begin that effort, and the sausage will come out the way the sausage comes out,” he said on the company’s third-quarter earnings call.

Zero-rating programs have become controversial in recent years. They allow a carrier to provide free data usage to customers when they’re using a certain application or viewing specific content. The most prominent of these programs is T-Mobile’s Binge On, which allows customers to stream video from major services without it counting against their monthly allotment of data. But other companies, including AT&T, have tested offerings where companies can “sponsor” data usage. Some have speculated that zero-rating could become an issue as regulators consider whether to approve AT&T’s purchase of content giant Time Warner.

Google: More than 44K government requests for data

Government requests for Google user data rose slightly in the first half of 2016. Google said that it received 44,943 requests from government entities worldwide in the first six months of the year, up from 40,677 in the previous six month period. The requests affected 76,713 accounts — a decrease from the previous six months. The company said it had provided the authorities with some data in 64 percent of cases. That was the same rate as in the prior six months. For the first time, the company said, it had received requests from officials in Saudi Arabia, Algeria, Belarus, El Salvador, Fiji and the Cayman Islands.

Race is on for prized House Commerce Committee Chairmanship

The top job on the House Energy and Commerce Committee is likely up for grabs in the next Congress, with Rep Fred Upton (R-MI) reaching his six-year term limit with the gavel. The chairmanship has long been prized because it comes with sweeping jurisdiction over technology, healthcare and energy issues.

Rep Greg Walden (R-OR), who now leads the campaign arm for House Republicans, has his eye on the job. So does Rep John Shimkus (R-IL), who outranks Rep Walden in seniority. Both men have been reaching out to party leaders and members who serve on the Steering Committee, which will be awarding top committee jobs after the elections in November. “I’ve talked to a few members of the Steering Committee to make sure that they understood that I do intend to pursue it,” Rep Walden said. The composition of the Steering Committee will shift somewhat after the November elections. But lawmakers seeking to chair a committee, and their aides, often have a good sense of who the decision-makers will be. Rep Shimkus said that he spent much of September speaking with colleagues who might have a say in who gets the gavel. “Yeah, I think pretty much we talked to everyone we were targeted to talk to,” he said. The Energy and Commerce Committee’s wide jurisdiction makes its work of interest to a range of businesses, from Silicon Valley startups to coal-mining companies in Appalachia.

FCC pulls vote on TV set-top box plan in final minutes

The Federal Communications Commission pulled a vote on a contentious proposal to open up the market for television set-top boxes from its agenda minutes before the start of its monthly meeting on Sept 29. The delay is a blow to FCC Chairman Tom Wheeler, who had been pitted against the pay-television industry in a fight over the reforms. “We have made tremendous progress — and we share the goal of creating a more innovative and inexpensive market for these consumer devices,” said Chairman Wheeler and the agency’s other two Democratic commissioners, Mignon Clyburn and Jessica Rosenworcel. “We are still working to resolve the remaining technical and legal issues and we are committed to unlocking the set-top box for consumers across this country.” The item now remains on “circulation,” in the parlance of the agency, meaning it is being weighed by the commissioners.

An industry trade association, NCTA -- The Internet and Television Association, said they were pleased with the FCC’s move. “We are pleased that the FCC has chosen to delay consideration of its set-top box item and hope that additional time will lead to meaningful public review and comment on any newly-crafted proposal under consideration.” Sen Ed Markey (D-MA), a vocal advocate for the reforms, said he was frustrated by the delay. "Today’s vote delay is an unequivocal loss for the tens of millions of Americans across the country who are forced to spend their hard-earned money on overpriced set-top box leases that cost them hundreds of dollars a year," he said. "I am extremely disappointed that the majority of the FCC Commissioners have not yet come to an agreement to provide relief for consumers for these bloated set-top box rental fees and certainty to companies who wish to innovate with new products."

Sen Reid blocks Sen Thune tech bill over Rosenworcel nomination fight

Senate Minority Leader Harry Reid (D-NV) blocked a tech bill championed by Sen John Thune (R-SD) because of the stalled re-nomination of Commissioner Jessica Rosenworcel on the Federal Communications Commission. Sen Reid cited Rosenworcel's outstanding nomination to a second term on the FCC as he objected to Sen Thune's request to pass the MOBILE NOW Act by unanimous consent.

“I do not apologize to anybody for objecting to this legislation," Sen Reid said. "He can bring it out every other day — I’ll object to it — every other minute, every other hour." Sen Thune's bill aims to free up more of the frequencies that carry signals to mobile devices like smartphones. Sen Thune has previously said he expects the issue to come to a head in the lame duck session after the presidential election in November. Sen Thune lamented that state of play, accusing Democrats of playing partisan politics with a non-controversial piece of legislation. “We had her hearing, we voted her out of the committee,” he said. “Scheduling the floor is not something that I control.” “These two issues have been inexplicably linked, but they need not be."

Sen Schumer joins call for updates to mobile emergency alerts

Sen Charles Schumer (D-NY) joined the chorus of New York officials calling for changes to a key mobile emergency alerts system after bombings in Manhattan and New Jersey. In a letter, Sen Schumer pushed Federal Communications Commission Chairman Tom Wheeler to make it possible for such messages to be longer and include richer content.

“Though this resource has provided great assistance in emergency and terror situations in New York and across the country, much work remains to be done in order to modernize the system and bring it into the 21st century,” Sen Schumer said. “Accordingly, I applaud your efforts to improve the system and I ask you to expedite enhancements, such as extending the character limit to the maximum, allowing the use of multimedia images, and improving locational accuracy, so that citizens can be as informed as possible during times of risk.” His move follows a lobbying effort by New York City officials at the FCC ahead of a commission vote on whether, and how, to upgrade the Wireless Emergency Alerts system. The push follows the decision by authorities in the city to send an alert earlier in Sept telling the public they were looking for bombing supsect Ahmad Khan Rahami.

House Oversight Ranking Member Says FCC Republicans are Obstrucinting Inquiry

House Oversight and Government Reform Committee Ranking Member Elijah Cummings (D-MD) accused Republicans on the Federal Communications Commission of obstructing an investigation into 2015’s network neutrality debate. Rep Cummings said that commissioners Ajit Pai and Michael O’Rielly have not provided documents as part of an investigation into the process leading up to the net neutrality rules the commission approved last February.

“I am writing to request an explanation for your refusal to provide any documents in response to a request from the Oversight Committee more than a year ago relating to the rulemaking process for the Open Internet Order, which was released publicly on March 12, 2015,” Rep Cummings said in the letter. "Your refusal to cooperate with the Committee’s request is unacceptable, it obstructs our investigation, and it prevents the Committee from having a complete or accurate understanding of the circumstances surrounding this rulemaking," he said. He asked that by Sept 16 the two commissioners lay out the steps they have taken to respond to the committee’s request and to say when their offices will fulfill the request.

Advocates push back on exemption in federal privacy rules

39 consumer advocate groups, including the American Civil Liberties Union, the Electronic Frontier Foundation, and Free Press, said that placing an exemption in looming federal privacy rules for broadband providers that covers data divorced from an individual customer would be ill-advised and illegal. The Federal Communications Commission is in the process of crafting rules that, under a proposal from FCC Chairman Tom Wheeler, would make it harder for Internet providers to use their customers' data for most purposes. Privacy and consumer groups said in a Sept 7 letter to Chairman Wheeler that the commission shouldn’t make an exception for data that has been stripped of information that could identify the customer to whom it belongs.

“We urge the Commission to resist some parties’ request for the creation of a special carve-out for ‘de-identified’ customer information,” the groups said. “There is no room in the statute to accommodate that request.” “Even if there were, it would be harmful to consumers to allow ISPs to make an end-run around privacy rules simply by removing certain identifiers from data, while leaving vast swaths of customer details largely intact,” they added. The groups argued that it would be easy to re-connect the data with a user. “It is often trivial to re-identify data that has supposedly been de-identified," they said in the latest salvo in the battle over the rules.

Former wireless group lobbyist sets up shop with AT&T, Verizon as clients

The former top lobbyist for the wireless industry’s major trade association in Washington will continue his work for the group, and some of its members, as a consultant. Lobbying forms filed recently show that Jot Carpenter will lobby for CTIA, the trade group, as well as AT&T and Verizon, the nation’s top two wireless providers. His advocacy is focusing on spectrum provisions in the appropriations process as well as a bill meant to combat spoofing, or the practice of falsifying a caller ID.

Carpenter departed from the trade association in July with the intention of starting his own consulting business. At the time, he said he wanted to continue working on wireless issues. “I’m proud of CTIA’s talented team and the many things we have accomplished together during my time at the Association,” he said in a statement at the time. “From spectrum to tax policy to cybersecurity, the things we have achieved together have benefited the industry and consumers and I have been lucky to be involved in all of those efforts.” “I hope that my new venture will include remaining a part of the wireless industry for many years.” He worked at AT&T as well as other jobs in the private and public sectors before coming to the trade group. When he left, CTIA President Meredith Attwell Baker said the organization was “excited to support his new venture and hope to partner with Jot for years to come.”

High-stakes battles engulf FCC

Policy battles that have been mounting for months are poised to engulf the Federal Communications Commission in the final months of the Obama Administration. Sept 8 marks the deadline for FCC Chairman Tom Wheeler to say whether he will bring any of three major policy proposals to a vote at the commission’s meeting in September.

Major corporate players have a stake in all three debates. One proposal could give Americans more ways to watch television and, possibly, replace their living room set-top box. A second would crack down on how internet providers use customers’ personal data. And a third has the potential to bring changes to an obscure but valuable market for broadband connections that are used by big business.

First round of buyer bidding in spectrum sale doesn't hit target

Bidding concluded late in the day on Aug 30 in the first round of a historic spectrum sale to wireless providers and other buyers without regulators reaching their target for the sale. The first stage of the Federal Communications Commission’s sale ended without buyers bidding the $88.3 billion needed to hit the price target. The agency will hold another stage of the auction with a lower spectrum clearing target. A bidding pool that includes major wireless carriers like AT&T and Verizon as well as other companies, like Comcast, and individuals bid roughly $22.4 billion in the first round. The high price target points to the auction’s first-of-a-kind design.

The FCC spent part of 2016 buying wireless spectrum, the invisible frequencies that carry signals to mobile devices, from broadcast stations. Now they’re attempting to resell it to wireless carriers and other bidders. The broadcasters were active participants, leading to the high cost bar that the commission needs to clear. The $88.3 billion number also includes some costs associated with the auction. The commission also set the highest possible target before the auction began for the amount of spectrum it would attempt to sell. The trade group representing broadcast stations on Aug 31 hinted that the showing in the first stage of the auction was evidence that the wireless industry's pleas for more spectrum were misleading.

Court rejects challenge to aspect of FCC's spectrum sale

A federal court ruled against a challenge to part of the Federal Communications Commission’s ongoing process of reassigning valuable wireless spectrum to mobile providers. FCC officials are currently running an auction to buy spectrum from broadcasters and sell it wireless providers and other buyers — and repackage the assignment of radio frequencies in the process.

Low-power television (LPTV) services, small regional stations that have a secondary position to full-power broadcasters, were not protected from potential difficulties during that repacking process by the commission. The United States Court of Appeals for the District of Columbia denied a challenge from Mako Communications, an LPTV operator, to the FCC’s decision not to extend those protections to its operations, citing a prohibition on altering their spectrum rights in the law authorizing the repacking. The court said that the FCC’s decision not to offer the protections did not change the rights of LPTV broadcasters, since full-power stations already have priority when it comes to using wireless spectrum. “As a general matter, LPTV stations’ secondary status renders them subject to displacement insofar as they cause interference to primary services,” Judge Sri Srinivasan wrote in the ruling. "Today's court ruling validates the Commission's Incentive Auction design in light of the Spectrum Act’s goals," said an FCC spokesperson. "The Commission values the important role that low-power TV and TV translator stations play in the communities they serve. With that in mind, we have taken — and continue to consider — steps to assist any displaced low power stations to find feasible channels after the close of the auction."

Privacy groups file complaint over WhatsApp data sharing

The Electronic Privacy Information Center (EPIC) and the Center for Digital Democracy filed a federal complaint over WhatsApp’s decision to share consumer data with parent company Facebook. WhatsApp announced recently that it was planning to provide information about its users for Facebook's targeted advertising unless users choose to opt out. EPIC and the Center for Digital Democracy say that the change betrays previous promises Facebook has made on privacy. “When Facebook acquired WhatsApp, WhatsApp made a commitment to its users, to the Federal Trade Commission, and to privacy authorities around the world not to disclose user data to Facebook,” said EPIC President Marc Rotenberg. “Now they have broken that commitment.”

Specifically, the complaint invokes the FTC’s jurisdiction to police unfair and deceptive practices, as well as a 2012 agreement between Facebook and the agency that the company would take certain steps to protect user privacy. Central to their case is a long history of WhatsApp making privacy a core part of its brand. The company now makes end-to-end encryption the default setting for its users, for example, and over the years has said that it is not interested in leveraging its customers’ info.

AT&T’s Jim Cicconi to retire

AT&T’s top policy executive is leaving the company. Jim Cicconi will retire at the end of September from the company where he’s worked for more than a decade. Cicconi will be replaced by Bob Quinn, who leads the company’s federal regulatory advocacy.

Facebook to limit ad blockers

Facebook said that it would start displaying advertisements to users who have an ad blocker installed on their desktop browsers.

Its decision comes amid rising concerns from the advertising industry that the proliferation of ad blocking software is hurting their business. Facebook said that it believes that it now gives users enough control over what ads they see to warrant circumnavigating the blocking software. “We’ve designed our ad formats, ad performance and controls to address the underlying reasons people have turned to ad blocking software,” said Facebook executive Andrew Bosworth. “When we asked people about why they used ad blocking software, the primary reason we heard was to stop annoying, disruptive ads,” he said. “As we offer people more powerful controls, we’ll also begin showing ads on Facebook desktop for people who currently use ad blocking software.” Bosworth also slammed ad blocking software that stops blocking ads from publishers or services that pay for the privilege, calling that “a practice that is at best confusing to people and that reduces the funding needed to support the journalism and other free services that we enjoy on the web.” The move aligns Facebook, at least in spirit, with the publishers over whom it has significant power as a primary channel for content distribution.

Republicans see fresh chance to overhaul telecom law

Republicans believe they are finally close to overhauling a landmark law that has been a cornerstone of tech and telecom regulation for decades.

The effort to update the Communications Act, which gives the Federal Communications Commission its authority, has been years in the making and has powerful support. John Thune (R-SD), the chairman of the Senate Commerce Committee and veteran lawmakers on the House Commerce Committee are vowing to make changing the law a centerpiece of their 2017 agenda. Proponents of updating the law, first written in 1934 and last revised in 1996, say it's showing its age and is ill-suited to dealing with a world dominated by high-speed internet and mobile devices instead of phone service and traditional radio broadcasts.

Clinton aide: Distracting Trump 'personally' with social media is a victory

Presumptive Democratic presidential nominee Hillary Clinton’s top digital operative said that she sees it as a victory if they can use content online to "personally" distract GOP presidential nominee Donald Trump. “If we can distract him personally for 15 minutes a day, I’ll take that as a win,” said Jenna Lowenstein. “He’ll go on a rant on TV about something that took us an hour to make and he’s been thinking about it for 36 hours.”

Lowenstein said, however, that the bulk of the campaign's efforts on Twitter were focused on persuading voters and making the campaign's case. Clinton’s campaign has been willing to engage directly with Trump on Twitter, despite the real estate developer’s aggressiveness on the platform and willingness to engage in tweet wars. In talking about the campaign's digital strategy, Lowenstein also referenced a joke that originated with Twitter user Mark Hammer in June: “The genius of the Trump Clinton Twitter war of 2016 is that it consumes Trump's every waking minute & Clinton doesn't know it's happening.”

Democratic Reps Probe Niantic on Pokémon Go Data Usage

Democratic Reps asked the the company that makes hit game "Pokemon Go" what they were doing to make sure players don’t run up high mobile data charges using the application. The letter to Niantic CEO John Hanke was signed by the House Commerce Committee Ranking Member Frank Pallone Jr. (D-NJ), as well as Reps Jan Schakowsky (D-IL) and Diana DeGette (D-CO).

"In addition to issues related to the game being played inappropriate locations, safety, and privacy, recent reports suggest that playing Pokemon Go could exhaust a consumer’s available monthly mobile data,” they wrote. The lawmakers specifically asked the company what practices it had in place “to minimize the amount of data consumers use when playing" the game and whether the company was working with wireless providers to make sure that customers aren’t running up huge data bills. The letter comes despite the fact that some have argued the program does not use up particularly large amounts of wireless data.

Google: Requests for data rose in second half of 2015

Google said that global government requests for its user data had risen in the second half of 2015 to an all-time high. Authorities made 40,677 requests in the second half of 2015, according to an update made to the company’s transparency report, up from 35,365 in the first half of the year. The number of users and accounts affected rose from 68,908 to 81,311. More than 12,000 requests were made in the United States, affecting 27,157 users or accounts.
Requests have risen every year since at least 2010, the first year when Google released 12 months worth of data. The proportion of instances in which Google handed over some data remained relatively constant, rising from 63 percent to 64 percent. That figure was 79 percent in the United States.

Convention puts GOP tech to the test

The team behind the Republican National Convention has spent more than a year building their technology infrastructure for the big event. Now that work is being put to the test, as the convention kicks off in Cleveland (OH). “We’re launching a startup every four years,” said Max Everett, the chief information officer for the Republican National Convention, of the massive effort to keep attendees informed, connected and secure. It takes more than a year for Everett to set up a convention — he’s worked on four — with networks built from the ground up each time. “We’ve had staff, including myself, who’ve been in and out of Cleveland for over a year now,” Everett said. The party is also working with tech and communications giants, including Google, Microsoft and AT&T, to deliver services. Here are some of the notable ways the GOP is using technology to cater to the estimated 50,000 people — not counting protesters — who will attend and cover the convention.

  • Expanded Wi-Fi: A great amount of work has gone into getting the convention venue, Cleveland’s Quicken Loans Arena, ready to handle the thousands of devices expected to connect to its public Wi-Fi network.
  • Strong connections for video: Those not in Cleveland will have options to stream the convention’s many speeches and events.
  • Cybersecurity: Everett said his convention networks have been breached "like any organization."
  • A beefed-up app: Not all of the convention’s technology is behind-the-scenes. When convention planners released their mobile app for the event, it was downloaded more times in its first week online than the total for the 2012 convention app.