1. Monthly archive
  2. January 2016

January 2016

House passes sweeping FOIA reform legislation

The House passed legislation that would create the most sweeping reforms to federal open records laws in nearly a decade. Approved by voice vote, the Freedom of Information Act Oversight and Implementation Act (HR 653) would limit exemptions under the FOIA that now allow federal agencies to hold back information. The bill would also create a single online portal for people to make FOIA requests and require agencies to publicly post frequently requested records online. The legislation has been years in the making, following persistent complaints about the FOIA process from journalists, the public and members of Congress. “We regularly use the Freedom of Information Act and regularly find ourselves frustrated,” said House Oversight Committee Chairman Darrell Issa (R-CA), the bill's author.

Outside advocates, in addition to House and Senate lawmakers, are pushing to ensure the legislation finally crosses the finish line. The last attempt to reform the FOIA process stalled, in 2014. That bill had faced opposition in the Senate, with companies and government agencies raising concerns about what kinds of information could be released, but the legislation ended up unanimously passing the upper chamber in December. The legislation never came up for a vote in the House. The bill represents the most significant push to overhaul the FOIA system since 2007.

Remarks of Commissioner Rosenworcel at "The Road to Gigabit Wi-FI"

We need more unlicensed spectrum. We need more Wi-Fi. We need Gigabit Wi-Fi. The 5.9 GHz band, or more precisely the 5850-5925 MHz band, is an ideal place to explore Wi-Fi expansion. It’s adjacent to an existing band of unlicensed spectrum in 5725-5825 MHz. That means we have the opportunity to introduce new wideband channels to the upper portion of this band—channels that will be able to take advantage of the new 802.11ac Wi-Fi
standard and deliver throughput even faster than 1 gigabit per second. This is how we develop Gigabit Wi-Fi. Here are the three signposts I propose. First, the Federal Communications Commission should immediately refresh the record from its 2013 rulemaking on the 5.9 GHz band.

Time has passed since our early proposal, technology has evolved, and we would benefit from updated input from all stakeholders. Second, the FCC should begin testing unlicensed device prototypes for the 5.9 GHz band in our laboratory—and provide the public with opportunity to comment. Among other things, these tests could include study of the threshold at which a device detects a Dedicated Short Range Communications (DSRC) signal, the amount of time necessary for vacating a channel to avoid interference, and the potential for segmenting the band. Third, we will need to move the results from the laboratory to the field. So we will have to work with our colleagues at the Department of Transportation to take what we have learned with these prototypes and test them with vehicles and in real-world scenarios. I’m an optimist that we can do these three things by the end of 2016.

Remarks of Commissioner O'Rielly at "The Road to Gigabit Wi-FI"

The upper 5 GHz is a critical component to the continued success of unlicensed spectrum use. This is because it’s adjacent to the rest of the 5 GHz band, in which Wi-Fi has been incredibly successful. As the Federal Communications Commission considers the best way to share the 5.9 GHz band with nonautomotive users, we must ensure that the Dedicated Short Range Communications (DSRC) technology focuses on human safety, which needs to be defined reasonably, but narrowly. For Commission purposes, safety does not include functions better suited for commercial spectrum bands and partnerships with commercial wireless providers.

For instance, we should make clear, as necessary, that e-commerce and social media are out of bounds, and so too are things like locating parking spots. New America’s latest report does a very good job of thoughtfully dissecting a number of issues I have discussed today and makes a strong case for the Commission initiating a proceeding to formalize the testing process. I am very sympathetic to this view as the time to act is soon, before the Commission gets focused on some other unrelated matter. Moreover, too many items will soon be caught in the political whirlwind that will intensify later in 2016, which will likely slow down the Commission’s activities as personnel depart. With a little bit of hard work and attentiveness, the Commission can vastly expand the Wi-Fi experience at 5 GHz. I am pleased to be part of the effort to make it happen.

Secretary Pritzker, Secretary Foxx and Chairman Wheeler Response Regarding Spectrum Resources

On Sept 9, 2015, Senate Commerce Committee Chairman John Thune (R-SD), Sen Cory Booker (D-NJ), and Sen Marco Rubio (R-FL) wrote to Department of Commerce Secretary Penny Pritzker, Department of Transportation Secretary Anthony Foxx, and Federal Communications Commission Chairman Tom Wheeler regarding maximizing spectrum resources, promoting private sector deployment, and improving vehicle safety. Specifically, they called upon the FCC, DOT, and the Commerce Department to work together to test and model the 5.9 GHz band to be used to develop Dedicated Short Rang Communications (DSRC) technology, vehicle safety testing, and DSRC capabilities testing.

Sec Pritzker, Sec Foxx, and Chairman Wheeler responded by describing the testing plan the three agencies will be implementing. They wrote, "The FCC will begin by refreshing the record of its pending 5.9 GHz rulemaking proceeding to provide interested stakeholders the opportunity to provide further comment on sharing in the band as well as the opportunity to comment on the proposed FCC test plan. The FCC will also solicit the submittal of prototype unlicensed, interference-avoiding devices for testing." They continued, "Engineers from each agency will carefully examine the options and mechanisms for sharing in the 5.9 GHz band and closely scrutinize the myriad interference prevention approaches."

Investors Want AT&T to Clarify Policies on Surveillance Requests

Citing concern about reports of behavior that appear inconsistent with AT&T’s pledge to protect customer privacy “to the fullest extent possible,” shareholders are asking the company to clarify how it provides information to law enforcement and intelligence agencies “above and beyond what is legally required by court order or other legally mandated process.” The shareholder proposal cites an August 2015 New York Times story which reported that as recently as 2013, AT&T shared 60 million foreign-to- foreign e-mails a day with the National Security Agency (NSA), on a voluntary basis, not required by court order.

The Times article analyzed NSA documents, one of which stated that AT&T’s relationship with the NSA was “a partnership, not a contractual relationship.” The proposal was filed by Arjuna Capital, an investment manager. Arjuna was a co-sponsor of a related 2014 shareholder proposal, which asked AT&T to publish semi-annual transparency reports on government requests for customer information. The proposal was withdrawn after AT&T, like Verizon Communications, agreed to publish transparency reports. “While AT&T must comply with its legal obligations, failure to persuade customers of a genuine and long-term commitment to privacy rights could present AT&T with serious financial, legal and reputational risks” the proposal states.

Frontier opposes state-funded Internet network

Frontier Communications and the union that represents the company’s workers are opposing proposed legislation that would create a publicly funded $72 million high-speed Internet network in West Virginia. A Frontier executive and union boss said there’s no guarantee that Internet companies will sign up to use the network and serve customers. That scenario could leave taxpayers on the hook, they said.

State Sen Chris Walters (R-Putnam, WV) plans to introduce the broadband project bill during the upcoming legislative session. “He’s saying if you build a network, they will come. I’m questioning who will come,” said Kevin Wallick, who heads Frontier’s operations in West Virginia. Frontier, the state’s largest Internet provider, would have no use for the statewide broadband network, said Wallick. Frontier has its own 9,000-mile high-speed fiber network, and West Virginia has six additional broadband “middle-mile” networks, he said.

© 1994-2024 Benton Institute for Broadband & Society. All Rights Reserved.