October, 7, 2015 (Hey, Chicago, what do you say)
BENTON'S COMMUNICATIONS-RELATED HEADLINES for WEDNESDAY, OCTOBER 7, 2015
It is Wireless Day on Capitol Hill, today: Senate Commerce examines Removing Barriers to Wireless Broadband Deployment while the House Communications Subcommittee explores Improving Federal Spectrum Systems https://www.benton.org/calendar/2015-10-07
BROADBAND/TELECOMMUNICATIONS
Bringing The Benefits of Broadband to Those Who Need It Most - Larry Irving op-ed
FCC Reconsideration of Lifeline Change - public notice
The FCC has turned down one of the first business complaints under net neutrality
How net neutrality violates the First Amendment (according to Alamo Broadband) [links to Benton summary]
Alabama, Michigan And Other States Argue For Right To Curb Muni-Broadband
Universal Broadband: Whose Responsibility Is It?
Broadband Barriers: What Is the Biggest Hurdle to Universal Access?
Universal Broadband: How Can Barriers to Access Be Overcome?
Facebook’s Internet Drone Team Is Collaborating with Google’s Stratospheric Balloons Project
SPECTRUM/WIRELESS
FCC Chairman Wheeler's Response to Members of Congress Regarding Incentive Auctions [links to Benton summary]
FCC Chairman Wheeler's Response to Members of Congress Regarding Repacking Full Power TV Broadcasters in the 600 MHz Band [links to Benton summary]
PRIVACY
Verizon’s Zombie Cookie Gets New Life
ACCESSIBILITY
After public spat with T-Mobile, AT&T gets FCC waiver to offer Wi-Fi calling
DIGITAL LITERACY
Digital literacy will reduce recidivism in the long term - Brookings analysis
CONTENT
New York Attorney General Opens Inquiry Into Fantasy Sports Sites [links to New York Times]
CYBERSECURITY
CBO Scores Department of Homeland Security Cybersecurity Strategy Act/HR 3510 [links to Congressional Budget Office]
Invitation to Demonstrate Security Platforms for the Domain Name System-Based Security (DNS) for Electronic Mail Building Block - public notice [links to Benton summary]
Justice Department creates office to help companies stop cyberattacks [links to Los Angeles Times]
PHILANTHROPY
To Strengthen Democracy in America, Think Tech - op-ed
HEALTH
HHS released rules that simplify requirements, add flexibilities for providers to make electronic health information available [links to Department of Health and Human Services]
SURVEY SAYS
Adobe survey: 92% of millennials in the US consider the smartphone to be their primary device [links to Multichannel News]
Forrester study predicts that by 2025, 50 percent of adults under age 32 won't pay for traditional cable subscriptions [links to AdWeek]
FCC REFORM
FCC Chairman Wheeler's Response to Members of Congress Regarding the Field Modernization Order [links to Federal Communications Commission]
POLICYMAKERS
Why Silicon Valley cares so much about who will lead the Library of Congress - analysis [links to Benton summary]
What's Education Sec Arne Duncan's Legacy on Ed-Tech? - analysis
Public Knowledge Welcomes New Members, Chair to Board of Directors - press release [links to Benton summary]
COMPANY NEWS
Time Warner Cable promises to stop acting like a cable company [links to Benton summary]
STORIES FROM ABROAD
The TPP has a provision many will love to hate: ISDS. What is it, and why does it matter? - op-ed [links to Benton summary]
US Tech Firms Look To Data Centers on European Soil
How Europe, US can solve Internet privacy - Christian Science Monitor editorial
MORE ONLINE
Supreme Court Hears DirecTV Class Action [links to New York Times]
BROADBAND/TELECOMMUNICATIONS
BRINGING THE BENEFITS OF BROADBAND TO THOSE WHO NEED IT MOST
[SOURCE: Medium, AUTHOR: Larry Irving]
[Commentary] The Lifeline Program democratized telephone service in America. It is difficult to imagine today given the ubiquity of mobile phones, but just 30 years ago almost 10 percent of Americans and 20 percent of black and Hispanic Americans lacked access to basic home telephone service. For low-income Americans, the situation was even worse: 25 percent of low-income black families and almost a third of low-income Hispanic families were without home telephone access. Fortunately, members of the Federal Communications Commission recognize the need for updating Lifeline policies. Commissioners Mignon Clyburn and Jessica Rosenworcel, in particular, have outlined thoughtful approaches that can help bring the Lifeline Program into the 21st Century. There is an emerging consensus on what needs to be done:
Extend Lifeline benefits to broadband Internet use
Empower consumers by providing the subsidy directly to eligible people (they could use a “Lifeline Benefit Card” with different providers)
Level the playing field between different providers to broaden consumer choice and stimulate competition for their purchasing power
Safeguard and simplify the program by taking administration away from companies and instead vest that responsibility with an appropriate government agency or agencies.
[Larry Irving is a co-chair of the Internet Innovation Alliance (IIA)]
benton.org/headlines/bringing-benefits-broadband-those-who-need-it-most | Medium
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RECONSIDERATION OF LIFELINE CHANGE
[SOURCE: Federal Communications Commission, AUTHOR: Ryan Palmer]
The Federal Communications Commission reopened the comment periods for oppositions and replies to oppositions to CTIA—The Wireless Association (CTIA)’s Petition for Partial Reconsideration of the FCC’s Order on Reconsideration requiring Eligible Telecommunications Carriers (ETCs) to retain documentation demonstrating subscriber eligibility for the Lifeline Program. Oppositions are now due on October 8, 2015, and the deadline to file replies to oppositions is reopened and will close on October 19, 2015.
benton.org/headlines/fcc-reconsideration-lifeline-change | Federal Communications Commission
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THE FCC HAS TURNED DOWN ONE OF THE FIRST BUSINESS COMPLAINTS UNDER NET NEUTRALITY
[SOURCE: Washington Post, AUTHOR: Brian Fung]
One of the first businesses to invoke the government's network neutrality rules against an Internet provider has just lost his bid for federal intervention. Commercial Network Services, a San Diego (CA)-based company that uses a series of Web cams to broadcast live images of the city to remote viewers, told the Federal Communications Commission in June that Time Warner Cable was hindering its ability to reach consumers with its video traffic. CNS's chief executive, Barry Bahrami, argued that Time Warner Cable was demanding an unacceptable toll to transport the video traffic to viewers' computers and mobile devices, even as other Internet providers were carrying that content for free. But legal experts cast doubts on Bahrami's complaint because the net neutrality rules don't explicitly prohibit companies from negotiating private carriage agreements for so-called "interconnection." They merely give the FCC the ability to probe deals that it finds suspicious and potentially anticompetitive. All that culminated recently in an e-mailed note from the FCC to CNS, according to Bahrami, explaining that "we regret that you were not satisfied with attempts by FCC staff to facilitate a more satisfactory resolution." Despite the apparent rejection, CNS is considering escalating the issue as a formal legal complaint.
benton.org/headlines/fcc-has-turned-down-one-first-business-complaints-under-net-neutrality | Washington Post
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ALABAMA, MICHIGAN AND OTHER STATES ARGUE FOR RIGHT TO CURB MUNI-BROADBAND
[SOURCE: MediaPost, AUTHOR: Wendy Davis]
Officials from 11 states are siding with North Carolina and Tennessee in their battle with the Federal Communications Commission about limits on muni-broadband networks. The states are asking the 6th Circuit Court of Appeals to vacate a recent FCC order that invalidated limits on muni-broadband in North Carolina and Tennessee. The agency's order was specific to those two states, but observers say the FCC may issue similar orders that would apply to around 20 other states that curb muni-broadband. "The FCC’s broad preemption of state municipal broadband regulation eliminates states’ control over their own subdivisions and frustrates state efforts to increase access to broadband," the group of states argues in a friend-of-the-court brief filed. The states contend that laws restricting muni-broadband offer "important checks on abuse and mismanagement." "The FCC’s order prevents states from governing their own instrumentalities, broadly usurps power without authority, and opens the door for financial instability and corruption," they argue. The states signing the friend-of-the-court brief are Alabama, Arkansas, Arizona, Colorado, Florida, Idaho, Michigan, Ohio, South Carolina, Utah, and West Virginia.
benton.org/headlines/alabama-michigan-and-other-states-argue-right-curb-muni-broadband | MediaPost
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UNIVERSAL BROADBAND: WHOSE RESPONSIBILITY IS IT?
[SOURCE: Government Technology, AUTHOR: Colin Wood]
Government Technology's 10 government, industry and nonprofit representatives answer who they think should be responsible for ensuring that every American has access to broadband Internet.
Joanne Hovis: This is a national responsibility. As a nation, in 1934, we decided through the Communications Act that all Americans should have access to a basic level of telecommunications service because it was critical to function and thrive. And the same is true in 2015 with respect to advanced broadband. For this reason, this is a responsibility that is held by all players and should be achievable given the extraordinary amount of support provided to commercial carriers through the federal Universal Service Fund.
Chris Mitchell: Government, specifically local government. As this is an infrastructure, infrastructures are historically either heavily regulated or owned by the public directly. In the current climate, I think the best results are when the public owns broadband infrastructure and has some level of direct control over it.
Doug Brake: It’s ultimately the government’s responsibility to ensure that there’s fair, equitable availability of broadband to the entire country. That being said, it’s clear that the private sector plays a predominant role in providing broadband in our country. So I think the private sector and the government should work together to find ways in which we can make sure that everyone is getting affordable broadband.
[Joanne Hovis is a member of the Benton Foundation's Board of Directors]
benton.org/headlines/universal-broadband-whose-responsibility-it | Government Technology
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BROADBAND BARRIERS: WHAT IS THE BIGGEST HURDLE TO UNIVERSAL ACCESS?
[SOURCE: Government Technology, AUTHOR: Colin Wood]
Our 10 government, industry and nonprofit representatives answer what they see as the biggest barrier that is impeding access to broadband.
John Jones: From a provider standpoint it’s going to be cost. Most markets we serve already have some form of broadband and it varies from 1.5 all the way up to a gigabit. So what’s left in our footprint anyway are the most uneconomical markets.
Chris Mitchell: State law might be the biggest barrier in some areas, but for the average community, it is intimidation. It’s a fear of going into competition or investing in competition against a rival that is much more powerful in the market. Local government officials are afraid of the incumbents undercutting public investments with predatory pricing and thereby making it appear that the public investment is a failure.
Joanne Hovis: Because of the high capital costs necessary to build broadband networks, it is challenging to build a business case for rural broadband, and private-sector investment dollars tend to go to places where return on investment is greater, both in urban and rural markets. A handful of companies enjoy monopoly or duopoly status in those markets, and the benefits of new investment, competition and competitive pricing don’t emerge.
[Joanne Hovis is a member of the Benton Foundation's Board of Directors]
benton.org/headlines/broadband-barriers-what-biggest-hurdle-universal-access | Government Technology
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UNIVERSAL BROADBAND: HOW CAN BARRIERS TO ACCESS BE OVERCOME?
[SOURCE: Government Technology, AUTHOR: Colin Wood]
Our 10 government, industry and nonprofit representatives answer in what ways they think barriers to broadband access can be overcome.
Chris Mitchell: One way is to change the expectations. Historically a lot of municipal fiber networks were expected to break even financially. And we don’t expect our roads to break even financially. We expect our roads to enable many indirect benefits and be the platform for commerce. We should increasingly expect the same of open fiber networks that are publicly owned.
Michael Mattmiller: It’s bringing stakeholders together to think about which groups are best suited to providing services to close the broadband gap. In Seattle (WA), we [are reducing regulatory barriers, building public-private partnerships]. If, and only if, those first two options aren’t successful, we’ll need to understand our ability to be a municipal retail provider.
Joanne Hovis: Federal, state and local policy should favor competition and investments. All federal and state broadband and telecommunication funding mechanisms should be open to competition and not restricted to incumbent phone companies, as many of them still are. State laws that restrict the participation of local communities or any other entity in deploying broadband or offering broadband services are counterproductive and only serve to reduce broadband investments and innovation, particularly in rural areas where private entities are less interested in investing.
[Joanne Hovis is a member of the Benton Foundation's Board of Directors]
benton.org/headlines/universal-broadband-how-can-barriers-access-be-overcome | Government Technology
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FACEBOOK AND GOOGLE
[SOURCE: Technology Review, AUTHOR: Tom Simonite]
Facebook and Google are collaborating on efforts to use balloons and drone aircraft to expand Internet access to the four billion people that don’t have it. Documents filed with the Federal Communications Commission show that both companies are pushing for international law to be modified to make it easier to use aircraft around 20 kilometers above the earth, in the stratosphere, to provide Internet access. Facebook and Google’s projects overlap in many ways, not just their end goals. For example, both companies are working on using lasers to transfer data rapidly, whether between stratospheric balloons, in the case of Google, or between drones and from drones to the ground, in the case of Facebook. Google also has a project of its own investigating drones for Internet access, although it, like Facebook’s project, is at a much earlier stage than the balloon effort. The two companies also face the same policy challenges. Using stratospheric drones or balloons at large scale will require changes to rules governing the use of airspace and wireless communications.
benton.org/headlines/facebooks-internet-drone-team-collaborating-googles-stratospheric-balloons-project | Technology Review
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PRIVACY
VERIZON'S ZOMBIE COOKIE GETS NEW LIFE
[SOURCE: Pro Publica, AUTHOR: Julia Angwin, Jeff Larson]
Verizon is giving a new mission to its controversial hidden identifier that tracks users of mobile devices. Verizon said in a little-noticed announcement that it will soon begin sharing the profiles with AOL’s ad network, which in turn monitors users across a large swath of the Internet. That means AOL’s ad network will be able to match millions of Internet users to their real-world details gathered by Verizon, including -- “your gender, age range and interests.” AOL’s network is on 40 percent of websites. AOL will also be able to use data from Verizon’s identifier to track the apps that mobile users open, what sites they visit, and for how long. Verizon purchased AOL earlier in 2015. Privacy advocates say that Verizon and AOL’s use of the identifier is problematic for two reasons: Not only is the invasive tracking enabled by default, but it also sends the information unencrypted, so that it can easily be intercepted. Verizon, which has 135 million wireless customers, says it is will share the identifier with “a very limited number of other partners and they will only be able to use it for Verizon and AOL purposes,” said Karen Zacharia, chief privacy officer at Verizon.
benton.org/headlines/verizons-zombie-cookie-gets-new-life | Pro Publica
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ACCESSIBILITY
AT&T WI-FI CALLING WAIVER
[SOURCE: The Verge, AUTHOR: Chris Ziegler]
Though AT&T had Wi-Fi calling enabled through much of the iOS 9 beta program earlier this year, those who upgraded to the final version found that the feature was missing. The reason? It doesn't support teletype services (TTY) for the deaf and hard of hearing very well, which the Federal Communications Commission generally requires of wireless networks. In its place, AT&T wants to deploy real-time text (RTT), which it says is faster, richer, and generally better than TTY — a decades-old technology. That roadblock has been cleared now with a waiver granted by the FCC that lets AT&T get around the RTT rule until the end of 2017. Chief AT&T lobbyist Jim Cicconi said: “We're grateful the FCC has granted AT&T's waiver request so we can begin providing Wi-Fi calling. At the same time we are left scratching our heads as to why the FCC still seems intent on excusing the behavior of T-Mobile and Sprint, who have been offering these services without a waiver for quite some time. Instead of initiating enforcement action against them, or at least opening an investigation, the agency has effectively invited them to now apply for similar waivers and implied that their prior flaunting of FCC rules will be ignored. This is exactly what we meant when our letter spoke of concerns about asymmetric regulation.”
benton.org/headlines/after-public-spat-t-mobile-att-gets-fcc-waiver-offer-wi-fi-calling | The Verge
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DIGITAL LITERACY
DIGITAL LITERACY WILL REDUCE RECIDIVISM IN THE LONG TERM
[SOURCE: Brookings, AUTHOR: Hillary Schaub, Darrell West]
[Commentary] Offenders typically return to prison due to a variety of factors: most often, a lack of education, stable employment and housing, addiction, and other mental health issues. These factors often stack the odds against offenders once they have been released, making it far too easy to ultimately return to prison. This is where digital technology comes into play. In our increasingly connected world, developing digital literacy is quickly becoming essential, particularly when it comes to job seeking and researching community resources. However, ex-offenders are cut off from technological advances the day they are incarcerated. Despite the importance of digital literacy, many correctional education programs do not provide students with Internet access. In a survey conducted by the Department of Education, 62 percent of correctional education programs did not have student access to the Internet, and only 38 percent had simulated access (meaning archived offline versions of websites). Aside from access, utilizing digital technology in correctional education also could allow corrections staff to collect better data on student progress and monitor their behavior. Additionally, digital learning might benefit offenders who have struggled in the past with traditional in-person teaching methods due to behavioral issues. Through digital literacy courses, offenders could learn how to utilize the Internet when looking for jobs, affordable housing, and support community.
benton.org/headlines/digital-literacy-will-reduce-recidivism-long-term | Brookings
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PHILANTHROPY
TO STRENGTHEN DEMOCRACY IN AMERICA, THINK TECH
[SOURCE: Philanthropy News Digest, AUTHOR: Micah Sifry]
[Commentary] A decade-and-a-half into the digital century, the vast majority of large foundations concerned with strengthening American democracy don't seem to get tech. According to the new Foundation Funding for US Democracy tool recently launched by Foundation Center, out of a total of 18,446 grants awarded since 2011 by more than 1,300 funders focused on the broad range of issues and efforts related to democracy, just 962 have been focused on technology. What's more, that represents only $215 million out of a total of $2.435 billion awarded to study and/or reform campaigns, elections, and voting systems; expand civic participation; research or upgrade government performance; and/or study the workings of the media and improve public access to media. The Foundation Center tool also reveals that the universe of foundations making technology-related grants is much smaller, at 186, than the overall funder pool, as is the recipient base. Recently, a number of major foundations -- Knight, Open Society, MacArthur, and Ford -- announced the Netgain Challenge, a major new commitment to support the open Internet. It's great they're doing this, but they are all among the usual forward-thinking foundations you'd expect to be involved in such an effort. While I applaud their vision and intent, I also believe it's long past time for some of the other heavy-hitters in the sector to step up, stop editing risk out of their portfolios, and make some big bets on tech.
[Micah Sifry is the co-founder and executive director of Civic Hall]
benton.org/headlines/strengthen-democracy-america-think-tech | Philanthropy News Digest
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POLICYMAKERS
WHAT'S EDUCATION SEC ARNE DUNCAN'S LEGACY ON ED-TECH?
[SOURCE: Education Week, AUTHOR: Sean Cavanagh]
[Commentary] US Secretary of Education Arne Duncan has announced his plans to resign later in 2015, bringing an end to a long tenure in which he pushed for far-reaching and sometimes divisive changes in school policy. But what will be his legacy on educational technology? Sec Duncan served as secretary at a dynamic time in the ed-tech space. Private investors were pouring vast amounts of money into digital products, seeking financial returns, during his time in office. And districts were taking on ambitious and in some cases daring ed-tech projects in the hopes of leading to increased student learning and engagement. But it was also a confusing time for many K-12 offiicals. Some struggled to implement sweeping ed-tech efforts, while others were vexed by digital projects they were obligated to implement, such as delivering state online tests. Sec Duncan had limited ability to shape many of the forces at work in the ed-tech space.
benton.org/headlines/whats-education-sec-arne-duncans-legacy-ed-tech | Education Week
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STORIES FROM ABROAD
US TECH FIRMS LOOK TO DATA CENTERS ON EUROPEAN SOIL
[SOURCE: Wall Street Journal, AUTHOR: Amir Mizroch]
Silicon Valley companies say they’ve been preparing for Oct 6’s European Court of Justice decision invalidating the US-Europe Safe Harbor agreement on data transfers. Their lawyers have been working to come up with legal mechanisms to keep them in compliance with EU data protection laws. But they’ve also been spending billions building data storage and processing facilities on European soil, reducing the need to transfer data to the US in the first place. That effort dovetails with an explosion of cloud based services that require more data centers. International Data Corporation estimates that in 2015, $8.2 billion will be spent in Europe on professional cloud services, an increase from only $560 million in 2010. In light of the Safe Harbor decision -- in which the court now enables national data protection authorities to examine data transfers out of the EU -- having European based facilities makes life easier.
benton.org/headlines/us-tech-firms-look-data-centers-european-soil | Wall Street Journal
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A MATTER OF TRUST
[SOURCE: Christian Science Monitor, AUTHOR: Editorial staff]
[Commentary] Officials from the US and European Union hope to come up with a new agreement soon before transatlantic digital commerce grinds to a halt and the Internet becomes balkanized by the world’s two leading economies. Their work should help set new global standards on data privacy. Each side should consult “A Question of Trust,” a report on how to balance privacy and the need for data collection by governments and business. Author David Anderson says privacy is key to concepts such as identity, dignity, autonomy, independence, imagination and creativity. It “facilitates trust, friendship and intimacy: qualities that allow us to relate freely to each other....” Finding a trustworthy arbiter that can balance privacy and other interests, such as security and business, is not an easy task. Judges, regulators, laws, and other means must be found to build that trust.
benton.org/headlines/how-europe-us-can-solve-internet-privacy | Christian Science Monitor
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