November 2015

Recap: Oversight of the Federal Communications Commission

The House Subcommittee on Communications and Technology held an oversight hearing to question all five sitting Federal Communications Commission members about the FCC’s adherence to statutory requirements, its progress on improving the agency and implementing process reform, and the working relationship among Commission members. A fun time was had by all.

Employing sometimes harsh language, lawmakers argued there should be closer scrutiny over the actions of the FCC. The criticisms often reflected a partisan divide present on the Commission itself, which has three Democratic members and two Republicans. With the FCC taking up closely-watched battles over "net neutrality," regulation on set-top boxes by providers such as Amazon and Google, and an upcoming auction for unused portions of the nation’s wireless broadband spectrum, tensions in the frequently-technical debate often ran high. One Republican lawmaker accused the commission’s Democratic majority of violating a commitment to “regulatory humility.” But other lawmakers praised the commission for its action on issues such as capping inmates’ phone rates and working to close the “homework gap” through universal broadband Internet for students across the country.

A hot topic for the day: the status of the FCC's Downloadable Security Technology Advisory Committee (DSTAC) report on set-top box security. DSTAC was created by the Congress in the STELAR Act to come up with a downloadable software successor to the CableCARD set-top security hardware solution. Republicans suggested the FCC had exceeded its STELAR mandate by including a proposal for a device that disaggregated pay-TV video channels and united them with over-the-top offerings. FCC Chairman Tom Wheeler pointed out that it was a report, that the comment deadline on the report (reports, since there were two) had just ended, that the FCC had not decided what to do, and that, in any event, the commission would not thwart protections for copyrighted content in the process. But he also said the FCC's mandate in Sec. 629 of the Communications Act was clear: Congress told the FCC to "assure" the availability of competitive navigation devices. Chairman Wheeler said that the reality was that AllVid "was an idea from a half-dozen years ago," from which the world had "moved on substantially." He said that goal of DSTAC was to address the issues she raised and that there were "strong opinions" on both sides. "I can assure you it is no one's goal to thwart the security that protects the sanctity of copyrights" and that the FCC would review the record.

All five FCC commissioners vowed they would not force any broadcaster off the air for failing to meet the 39-month deadline for moving to new channels after next year's incentive auction. If meeting the deadline becomes a problem, Chairman Wheeler said, the FCC will "work it out" with the broadcasters. "This is not a drop-off-the-edge-of-the-table situation.... I totally agree on the importance of local community broadcasting and why it has to remain after the auction."

Rep Barton’s plan to stop ISIS: Censor the Internet

Rep Joe Barton (R-TX) wants the federal government to shut down the Internet — or at least, the parts of it that are being used by the Islamic State.

"They are really trying to use the Internet and all the social media to intimidate and beat us psychologically," he said during a House committee hearing. "Isn't there something we can do to shut those Internet sites down?" Rep Barton conceded that censoring the Web sites might be difficult — "I know they pop up like weeds" — but plowed ahead with his proposal, suggesting that the Federal Communications Commission attempt to shut down the sites. "They're using the Internet in an extremely offensive and inappropriate way against us," he continued.

FCC says it can't shut down ISIS websites

Federal Communications Commission Chairman Tom Wheeler shot down suggestions that the agency could take down websites used by the Islamic State in Iraq and Syria (ISIS) and other terrorist groups.

Rep Joe Barton (R-TX) asked whether the FCC has the authority to block such websites and social media accounts. "We cannot underestimate the challenge," Chairman Wheeler responded. "I'm not sure our authority extends to [shut down the websites], but I do think there are specific things we can do." Chairman Wheeler similarly told Rep Bobby Rush (D-IL) that the commission does not have the authority to target the social media accounts of gang leaders in the United States that are contributing to urban violence. "We do not have jurisdiction over Facebook and all the other edge providers. We do not intend to assert jurisdiction over them," Chairman Wheeler said. But the chairman said he can use the FCC's bully pulpit to press tech CEOs on the issue, such as Facebook's Mark Zuckerberg. "I will call Mark Zuckerberg this afternoon to raise the issue you've raised and the issue Mr. Barton raised. And I'm sure he is concerned as well and he'll have some thoughts," Chairman Wheeler said.

White House and Department of Labor Launch $100 Million TechHire Grant Competition Including $50 Million for Young Americans

The Obama Administration announced new steps to ensure that Americans, including youth and young adults ages 17-29, individuals with disabilities, individuals with limited English proficiency, and individuals with criminal records, get access including:

$100 Million TechHire Grant Competition. Earlier this year, the President announced that as a part of the TechHire initiative, the Administration would commit $100 million to expanding accelerated tech training. Today, the Department of Labor (DOL) is releasing the application for those grants. They will award $100 million or more in H-1B funds, including at least $50 million specifically dedicated to supporting young Americans, ages 17-29, with barriers to training and employment, to partnerships that can that rapidly train and connect workers to well-paying, high-growth jobs across industries such as information technology, healthcare, and advanced manufacturing.
$20 Million Training to Work Grant Competition. Building off the President’s announcement from earlier this month of new actions to promote rehabilitation and reintegration for the formerly incarcerated, today the Administration is also announcing the launch of the fourth round of DOL’s Training to Work grant competition that will award approximately 14 grants to expand access to tech jobs and other high growth occupations for adults ages 18 and older returning from correctional facilities. Interested applicants may apply to this opportunity here.
14 Cities and States Have Made New Commitments to Expand Access to Tech Training and Jobs Since the Launch. Since the launch of TechHire earlier this year, the President has announced that 14 new communities including Baltimore have responded to the TechHire initiative with commitments to work with employer partners on new ways to recruit and place applicants based on their skills, create more accelerated tech training opportunities, and invest in innovative placement programs to connect trained workers with entrepreneurial opportunities and well-paying jobs. Today, the City of Baltimore is launching its TechHire initiative with an emphasis on including those who have historically been left out of Baltimore’s economy and those who are underrepresented in tech fields.

Sen. Cotton pushes to delay NSA reforms in wake of Paris attack

Sen Tom Cotton (R-AR) is seeking to halt a looming expiration of controversial National Security Agency (NSA) surveillance, saying the Paris terror attacks prove the value of the spy agency’s data collection.

Sen Cotton introduced legislation to delay this month's deadline to end the NSA’s bulk collection of Americans’ phone records. The effort is unlikely to be successful, given the support for NSA reform on both sides of the aisle as well as in the White House. Yet the legislation underscores the unease that many defense hawks have with the country’s efforts to rein in intelligence powers in the two years since government whistleblower Edward Snowden’s leaks, and points to a new stage of the looming battle between privacy advocates and security proponents.

Congress is Answering the Urgent Call for Spectrum Reform, and Members Should Combine Efforts

As Public Knowledge has often noted, unlicensed spectrum is a key component of the mobile broadband ecosystem. Unlicensed spectrum enables our increasingly Wi-Fi dependent world, and is a “public commons” of sorts for innovators because these frequencies are open for any person and any device to use, for any (legal) purpose. Unlicensed spectrum bands are the innovation bands. That’s why it’s notable that Sen Brian Schatz (D-HI) introduced the Promoting Unlicensed Spectrum Act.

If enacted, the bill would ensure that the Federal Communications Commission (FCC) considers the need for unlicensed spectrum when determining future spectrum allocation and assignments, establishes a national strategy intended to ensure the unlicensed spectrum needs of America’s consumers and innovators are met, and creates a system of evaluation for how unlicensed users could share spectrum bands currently occupied by federal agencies. Senator Schatz’s legislation is the latest of a flurry of bills seeking to figure out new ways to free up more spectrum for commercial uses, unlicensed use, and the combination of the two.

MOBILE NOW: The Senate bill that could save the Internet

Unfortunately, after the Federal Communications Commission holds its spectrum auction in 2016, there are no more auctions on the horizon to meet growing needs. That’s a major problem because experts predict the wireless industry will require more than 350 MHz of licensed spectrum to accommodate current projections of mobile wireless demand. Fortunately, lawmakers recognize the problem. As part of Bipartisan Budget Act of 2015 (BBA’15), Congress took a first step towards creating a long-term supply of commercial spectrum. The Senate Commerce Committee may soon take the next step by working on bipartisan legislation that goes further to bridge the gap between Americans’ demand for mobile broadband and the available airwaves and infrastructure necessary to meet it.

The Committee’s draft bill includes:

Completing the President’s 2010 commitment to make a total of 500 MHz of spectrum available by 2020
Expediting state and local approvals for cellular tower siting, as well as tower siting on federal lands.
A “Dig Once” provision that requires municipalities to install broadband conduits during street construction projects, a bipartisan idea endorsed by Sens. Daines and Klobuchar, and Reps. Eshoo, Matsui and Walden.
Offering incentives to agencies to identify opportunities for agencies to improve spectral efficiency.

When TV Turns Itself Off

[Commentary] Must the show go on? After the terrorist massacre in Paris, as often happens after violent tragedies, a few shows didn’t.

Brutal, disturbing, fictional terrorism has been a staple of prime time for years — specifically, since Sept. 11, which spurred a broad, public discussion about violence in popular culture. This is a familiar cycle now: A certain kind of entertainment depicting terrible things becomes briefly inappropriate; then it becomes widespread, practically mandatory. I don’t blame networks for pulling unfortunately timed episodes out of sensitivity. It’s considerate, and they would be pilloried if they didn’t. Calling “too soon” over a story that’s merely coincidence is sanctimony that helps no one, but someone is always ready to do it. But I also wouldn’t have blamed them if they had simply decided to broadcast the episodes anyway

Why the biggest problem with the media is not ‘liberal bias’

[Commentary] Lately, Republican presidential candidates have found a political target that’s easier to hit than their primary rivals or even Hillary Clinton: the media. Republicans are right to criticize the mainstream media, but they are doing it for the wrong reasons. That’s because the biggest problem with the media today is not their alleged liberal bias. Rather, it’s a corporatized system that is rigged against the public interest and failing our democracy. If they are truly interested in making the media better, here are three principles that politicians from both parties should embrace.

No more mergers
Protect the open Internet
Enforce disclosure rules

Federal privacy law lags far behind personal-health technologies

The Health Insurance Portability and Accountability Act, the federal privacy law known as HIPAA, doesn’t cover home paternity tests, fitness trackers or health apps. When a Florida woman complained after seeing the paternity test results of thousands of people online, federal regulators told her they didn’t have jurisdiction.

Benton

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