Daily Digest 5/31/2018 (CA State Senate Passes NN Bill)

[Press relase] Congress recognized the deficiencies of the current broadband data collection process when it directed National Telecommunications and Information Administration to update the national broadband availability map. Congress asked us to acquire third-party datasets to augment the information that is already available, in order to more accurately identify regions with insufficient capacity. May 30, we issued a request for comments seeking recommendations and feedback on potential sources of broadband availability data, as well as mechanisms to validate that data and any other ideas that can help to better inform broadband infrastructure planning. We want to know how the government can better identify areas that need broadband investments, so that we can be sure any taxpayer funds supporting broadband infrastructure achieve the goal of ensuring connectivity to all Americans.

We are seeking input from all stakeholders with an interest in broadband availability -- including private industry; academia; federal, state, and local government; not-for-profits. Comments are due July 16, 2018. As we improve our ability to analyze broadband availability, we will arm policymakers and broadband program leaders with the information they need to ensure that all of America realizes the benefits of broadband.

Sens Patrick Leahy (D-VT) and Steve Daines (R- MT) have introduced the bipartisan Reprioritizing Unserved Rural Areas and Locations for Broadband (RURAL Broadband) Act of 2018, which will prioritize federal funds that are used to provide broadband access to areas that are unserved with no access, before they are used to upgrade areas with existing service. Their bill is a significant step toward prioritizing unserved rural areas in Vermont and other states. Sen Leahy said: "Closing the digital divide in rural America is a national priority, and national investments are vital in getting this done. This bill will help make sure that these funds are used effectively while also ensuring that rural consumers are not stuck without service when providers fail to meet their obligations.” Sen Daines said: “We must work to close the rural-digital divide so our rural communities can be part of the 21st Century economy. Our bill ensures that these critical funds be used for the communities who need them most.”

Federal Communications Commission Chairman Ajit Pai got some fan mail, once removed, and an assist from a small telecommunication company in responding to Hill queries about the impact of his broadband deregulatory policies. That is according to a letter from VTel chairman Michel Guite to Sen Patrick Leahy (D-VT).  At a recent Hill hearing on broadband, Guité said, Sen Leahy wanted Chairman Pai to quantify that impact. Chairman Pai had invoked VTel as an example of the fruits of FCC's pro-investment and deployment broadband approach. Guité reminded Sen Leahy that VTel was the first company to provide internet access in Vermont and said it was the first to build a 100% 4G LTE wireless broadband network. He said Chairman Pai's policies, which include eliminating network neutrality rules and easing tower siting, created a "positive regulatory climate" for investment.

[Commentary] We in the US are deeply concerned about the way the European Union’s new privacy guidelines, which came into effect last week, will force big changes in the way US and European companies do business. Donald Trump’s administration supports the new General Data Protection Regulation’s goal of protecting personal online data while continuing to enable transatlantic data exchange. We are also committed to working with the EU to implement the new guidelines. We believe that data-sharing rules must respect privacy and protect our shared interests of maintaining public safety and the easy functioning of the internet, while also taking into account the regulatory, scientific, and commercial needs of all our countries. As currently envisioned, GDPR’s implementation could significantly interrupt transatlantic co-operation and create unnecessary barriers to trade, not only for the US, but for everyone outside the EU. We must find a way to implement GDPR without creating undue barriers. Privacy is an important and timely issue, but it also is a complex one. The guidance on GDPR implementation is too vague. EU authorities must provide clearer rules and a more predictable regulatory environment to support investment and innovation. We ask them to act quickly so that GDPR can be properly implemented.

[Wilbur Ross is the U.S. Secretary of Commerce]

If politicians in the US make the mistake of over-regulating big tech, Chinese competitors could easily take over the market, according to Sen Mark Warner (D-VA). When asked if tech giants should be broken up under antitrust laws, Sen Warner said regulators need to be careful not to be too “heavy-handed” because breaking up those companies could create an opening for Chinese competitors. Sen Warner is also not terribly impressed with Facebook’s new commitment to labeling political ads. The Senate Intelligence Committee Vice Chairman said Facebook was sort of missing the point with its new transparency dashboard that requires political advertisers on Facebook to confirm their “identity and location” to root out foreign governments. “I think they were slow to the game,” Sen Warner said. "Last week, when they came out with some of their new transparency tools — pretty darn good. But transparency around paid political advertising? I just don’t think it’s going to be to enough. That is not really where the rubber hits the road.” What really matters, Sen Warner insisted, is fake accounts that are based overseas — which are growing more sophisticated over time. Warner said he’s concerned about deepfake technology where someone can use a false face, video where and voice to speak to a consumer.

Wireless carriers want the Federal Communications Commission to add a vote on opening up the 3.5 GHz (CBRS) band at its July meeting, and an auction of that spectrum by 2019, according to a letter from CTIA President Meredith Attwell Baker. "The wireless industry urges the Commission to move forward in July on key mid-band spectrum opportunities—the 3.5 GHz band and the 3.7-4.2 GHz band—to address the United States’ international deficit with respect to mid-band spectrum availability," She wrote to the FCC. The commission is already planning to vote on opening up the 3.7-4.2 GHz mid-band spectrum at the meeting, which CTIA is all for. But Attwell Baker wants to turn July into "mid-band spectrum month" by moving on the 3.5 GHZ band as well as the rest of the world races toward 5G.

The Trump administration said it is going ahead with actions to crack down on Chinese trade practices by June 30. The White House says President Trump is planning further export controls against China to counter Chinese intellectual property theft, including tariffs on Chinese tech exports believed to contain stolen American intellectual property. "To protect our national security, the United States will implement specific investment restrictions and enhanced export controls for Chinese persons and entities related to the acquisition of industrially significant technology," the statement reads. A 25 percent tariff will be levied on $50 billion of tech goods imported from China, and the US pledges in the statement to continue litigating the issue in front of the World Trade Organization.