February 2016

Chairmen Upton and Walden Press FCC on Lack of Consistent Reporting on Broadband Competition

House Commerce Committee Chairman Fred Upton (R-MI) and Communications and Technology Subcommittee Chairman Greg Walden (R-OR) wrote to Federal Communications Commission Chairman Tom Wheeler concerned with the commission’s reporting on broadband deployment, video competition, and mobile wireless competition. The leaders are concerned that the lack of consistent reporting has “been used to justify commission actions to intervene in seemingly competitive markets.”

Regarding the commission’s reports on deployment of advanced telecommunications and mobile wireless services, Chairmen Upton and Walden write, “Since 2011, it appears that the commission has applied inconsistent definitions and analyses in making those determinations. Those reports have then been used to justify commission actions to intervene in seemingly competitive markets. Despite the plain language of the Communications Act, the FCC’s actions seem to benefit specific classes of competitors and do not promote competition. This behavior concerns us.’” The leaders also questioned the commission’s ever-changing definition of advanced telecommunications services. They continued, “Instead of uniformity of definition, the commission has instead made broadband speed a variable in the regulatory equation. This represents the latest in series of troubling actions that distort – or outright ignore – the FCC’s requirements to produce honest, data-driven reports to inform policymakers and the public.” Chairmen Upton and Walden posed a number of questions about the commission’s “decision-making and the impact of the FCC’s shifting definitions of broadband and effective competition” and requested a response by February 19, 2016.

FCC Chairman Wheeler Response to Senators Regarding Municipal Broadband

In a letter to eight Republican senators, Federal Communications Commission Chairman Tom Wheeler tried to ease concerns about the FCC’s support for municipal broadband networks. The senators had asked him four questions:

  1. Please provide the total dollar amount that the FCC has committed to municipal broadband providers through the Universal Service Fund's Rural Broadband Experiments program. Do any limitations exist to prevent government-owned networks from using universal service funds to compete with private sector networks?
  2. Please clarify whether there is a situation in which the emergence of a new governmentowned network could result in the loss of universal service funding for an existing private sector provider.
  3. Please detail any plans the FCC has to adopt additional policies relating to municipal broadband. For example, does the FCC intend to extend its February 2015 decision to additional states?
  4. Please highlight the FCC's outreach plans for fiscal year 2016 with respect to government-owned networks. Please identify any state or local officials with whom the FCC plans to meet and why.

Chairman Wheeler replied saying the kinds of scenarios the senators fear aren't happening and the FCC hasn't authorized any municipal networks to receive that cash so far. He also disclosed that the agency has no more petitions pending that would prompt it to preempt state laws that limit muni broadband.\

One More Tool to Help Bring Broadband to Rural America

“What can I do to bring broadband to my rural community?” That’s a question a lot of people from rural communities are asking, and it’s good to know that now there is one more way to help those without a rural broadband plan to bring high-speed internet service to their homes and businesses. Communities interested in using broadband service to help revitalize small-town main streets and promote economic development are encouraged to apply for Cool & Connected, a pilot program sponsored by USDA’s Rural Utilities Service and the U.S. Environmental Protection Agency Office of Sustainable Communities.

Through Cool & Connected, a team of experts will help community members develop strategies and an action plan for using planned or existing broadband service to promote smart, sustainable community development. This is a great opportunity for a small-town to receive technical assistance for revitalizing small town main streets by using planned or existing broadband Service. Quality broadband access can provide new opportunities for people and businesses.

Blame Politics for the US’ Embarrassingly Slow LTE

The US lagging behind the rest of the world in LTE is not a particularly new phenomenon. The gap is, though, getting starkly worse. “A year ago, an average 4G speed of 20 Mbps would have been a truly impressive feat,” says an OpenSignal report, “but today there are 15 countries and 52 individual networks that meet or exceed that mark.” There’s been a slosh of improvement stateside as well; US speeds averaged out at just 7Mbps in 2015. That puts us on pace to catch up with the most world’s most capable carriers sometime late in the next decade.

Thanks to a cluster of technological and political hurdles, it might just take that long. The last time a major chunk of spectrum became available in the United States, though, was in 2008, just a year after the first iPhone was released. In cellular terms, it may as well be the Mesozoic Era. The Federal Communications Commission has penciled in another spectrum auction for sometime this year, but OpenSignal’s Kevin Fitchard cautions against getting one’s hopes up. “The FCC has delayed it many times. It’s a really complicated thing,” he says. “Unlike other auctions in which they basically take frequencies that have been cleared out from the defense department, or satellite spectrum, something like that, the spectrum that they’re talking about now is being used by TV broadcasters.”

Sens Cruz And Rubio Data Games May Not Be Enough To Overcome Trump's Lead

The Ted Cruz and Marco Rubio campaigns each rode to strong finishes in Iowa on the strength of well-organized and data-driven ground games. But the magic might not work as well in New Hampshire. The Trump ground operation is rudimentary compared to those of the Cruz and Rubio campaigns, which have invested millions of dollars in data and analytics. Trump has relied on his personal rally appearances and constant TV coverage to win supporters. The polling and voter data modeling operations in both camps are in high gear. That's partly because New Hampshire is a new ball game and the voter data models used in Iowa are of little use.

It’s not Cyberspace anymore.

[Commentary] It’s been 20 years — 20 years!? — since John Perry Barlow handed out paper copies of his “A Declaration of the Independence of Cyberspace” to the government and corporate leaders at the World Economic Forum (WEF): “Governments of the Industrial World, you weary giants of flesh and steel, I come from Cyberspace, the new home of Mind. On behalf of the future, I ask you of the past to leave us alone.” Twenty years later, at Davos, what I struggled with the most wasn’t the sheer excess of Silicon Valley in showcasing its value but the narrative that underpinned it all. I’m quite used to entrepreneurs talking hype in tech venues, but what happened at Davos was beyond the typical hype, in part because most of the non-tech people couldn’t do a reality check. They could only respond with fear. As a result, unrealistic conversations about artificial intelligence led many non-technical attendees to believe that the biggest threat to national security is humanoid killer robots, or that AI that can do everything humans can is just around the corner, threatening all but the most elite technical jobs.

In other words, as I talked to attendees, I kept bumping into a 1970s science fiction narrative. Conversations around tech were strangely juxtaposed with the broader social and fiscal concerns that rattled through the halls. Faced with a humanitarian crises and widespread anxieties about inequality, much of civil society responded to tech enthusiasm by asking if technology will destabilize labor and economic well-being. A fair question. The only problem is that no one knows.

[boyd is a social media scholar, youth researcher, and advocate working at Microsoft Research]

What If We Built a C-SPAN on Steroids?

[Commentary] Newspapers are collapsing, statehouse coverage is on the wane and lobbyists are quietly filling the gap. Here’s a solution. The plan is to make every legislative session, every committee meeting, every public hearing, every oral argument in court, executive branch public meetings and hearings, press conferences, and non-governmental public policy events around the state available live (and archived for later on-demand viewing). These multiple media streams would be accurate and balanced, professionally-produced, and stem from multi-camera coverage not subject to any government interference. The resulting permanent, searchable online libraries, which would also contain all the public documents that related to any covered event, would be accessible through a great user interface — making the job of understanding easier for citizens, legislators, scholars, and journalists alike.

[Crawford is the John A. Reilly Clinical Professor of Law at Harvard Law School]