October 2015

How net neutrality violates the First Amendment (according to one ISP)

Major Internet service providers (ISP) have seemingly given up on the argument that network neutrality rules violate their First Amendment rights. But one small ISP is continuing its fight against the Federal Communications Commission, claiming that it should be allowed to favor some Internet content over others because doing so qualifies for freedom of speech protection. "With prioritization, broadband providers convey a message by 'favor[ing]' certain speech -- that prioritized content is superior -- because it is delivered faster," Alamo Broadband argued in a brief filed as part of the broadband industry's lawsuit against the FCC.

Universal Broadband: Whose Responsibility Is It?

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]

Bringing The Benefits of Broadband to Those Who Need It Most

[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)]

Alabama, Michigan And Other States Argue For Right To Curb Muni-Broadband

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.

Thursday, October 8, 2015
8:30 a.m.–11:15 a.m. EDT
Springfield, VA
http://www.gpo.gov/fdsys/pkg/FR-2015-10-05/pdf/2015-25443.pdf

The Board will vote on a consent agenda consisting of:

the minutes of its July 1, 2015 meeting,
a resolution honoring the 65th anniversary of Radio Free Europe/ Radio Liberty broadcasting in the Romanian language to Romania and Moldova,
a resolution honoring the 60th anniversary of Voice of America’s Khmer Service,
a resolution on 2015 David Burke Distinguished Journalism Awards, and
a resolution on BBG meeting dates in 2016.

The Board will receive a report from Governor Matt Armstrong on his recent trip and a report from the Chief Executive Officer and Director of BBG. The Board will also receive a review of the Middle East Broadcasting Networks. The Board will convene a panel discussion featuring Under Secretary Richard Stengel and BBG Chief Executive Officer and Director John Lansing.

Read more about Broadcasting Board of Governors

FCC Chairman Wheeler's Response to Members of Congress Regarding Incentive Auctions

On Sept 1, in a letter to several members of Congress, Federal Communications Commission Chairman Tom Wheeler responded to inquiries into the FCC's efforts to update the competitive bidding rules to provide small businesses and rural service providers with greater flexibility to compete in today's wireless marketplace.

He responded by writing, "The [FCC] recently adopted a Report & Order updating our competitive bidding rules to reflect the dramatic changes in the wireless marketplace since they were last updated in 2006....the [FCC] acted in order to afford bona fide small businesses and eligible rural service providers a better on-ramp into the wireless industry and the flexibility to make businesses decisions that can create more wireless choice for consumers...Ultimately, the reforms adopted in the Report & Order will increase the economic opportunity for small and rural businesses, as well as ensure that the beneficiaries of our competitive bidding rules are those intended by Congress."

FCC Chairman Wheeler's Response to Members of Congress Regarding Repacking Full Power TV Broadcasters in the 600 MHz Band

On Sept 1, in a letter to several members of Congress, Federal Communications Commission Chairman Tom Wheeler responded to inquiries regarding repacking full-power TV broadcasters in the 600 MHz Band following the Incentive Auction.

Chairman Wheeler wrote, "...our auction system could assign some TV broadcasters to the duplex gap if there is not sufficient channel capacity in the TV band in a market to accommodate all of the broadcasters that wish to remain on the air after the auction. At the same time, we also adopted a cap on the ability of the system to assign stations to the wireless band to limit impairments to the spectrum being made available for wireless broadband use -- unlicensed as well as licensed. The Commission staff analysis indicated that broadcast stations may need to be placed in the duplex gap in only a handful of markets. However, the FCC has proposed to protect a second vacant television channel for unlicensed use and wireless microphones in markets where broadcasters are placed in the duplex gap....I believe the rules we adopted strike the appropriate balance between providing the necessary flexibility for a successful auction and preserving spectrum for unlicensed use."

What's Education Sec Arne Duncan's Legacy on Ed-Tech?

[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.

To Strengthen Democracy in America, Think Tech

[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]

Public Knowledge Welcomes New Members, Chair to Board of Directors

Public Knowledge announces several new members have joined the board of directors. Virginia Lam Abrams, Moses Boyd, Laurent Crenshaw and Frank Torres will join nine other board members to provide Public Knowledge with strategic counsel and leadership. We also welcome Maura Colleton Corbett as the new Chair. Corbett has been an active board member since 2011.

Virginia Lam Abrams is a seasoned communications and public affairs executive with more than 15 years experience working in technology, media and politics. She is Senior Vice President of Communications and Government Relations at Project Decibel, an early-stage incubator developing next generation technology to enhance connectivity and enrich the consumer experience. Moses Boyd is a Founding Partner of Integrated Solutions Group (ISG) with more than 20 years of experience in the Washington policy arena. Boyd is also a Founding Partner of the United States Renewable Energy Group (USREG), a private equity fund committed to integrating renewable and environmentally sound energy technologies into the American marketplace. Laurent Crenshaw is the head of Federal Public Policy for Yelp in Washington DC Prior to joining Yelp in 2013, Crenshaw worked in the US House of Representatives for more than 11 years. Frank Torres is the Director of Consumer Affairs and a Senior Policy Counsel for the Microsoft Corporation.A long-time board member and friend of Public Knowledge, Corbett is the CEO and Founder of the Glen Echo Group, with over two decades of communications, media, public affairs and coalition building experience with companies and organizations building the new economy.

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