May 2016

FCC Takes Next Steps In Expanding Rural Broadband Access

Continuing its push to expand access to broadband in rural areas, the Federal Communications Commission took important steps toward investing an additional $2 billion in rural networks over the next decade. The item adopted by the Commission establishes rules of the road for an auction that will harness market forces to expand broadband in targeted rural areas. The item also seeks comment on a number of issues surrounding the auction so that it can deliver support to unserved communities as equitably and efficiently as possible.

The item builds on the substantial progress the FCC has made in recent years connecting rural America to broadband. Last year, the nation’s largest carriers – known as “price cap” carriers – accepted $9 billion over six years from Phase II of the Connect America Fund to expand broadband in their rural service areas. And in March, the FCC reformed its broadband support for the nation’s smallest carriers, providing $20 billion over the next decade. The auction seeks to expand service to census blocks unserved by broadband delivering speeds of 10 Mbps downloads/1 Mbps uploads in 20 states where the price cap carriers declined last year’s Connect America Fund offer. Also included in the auction are locations across the country with extremely high deployment costs.

FCC Improves And Proposes Updates To Its Communications Network Outage Reporting Requirements

The Federal Communications Commission took action to improve and update its communications network outage reporting requirements so that the agency can maintain awareness of network disruptions and promote reliable communications for consumers and businesses. In a Report and Order adopted May 25, the Commission made targeted refinements to its current reporting requirements to enhance the information it receives on outages related to legacy networks and reduce burdens on industry.

In addition, in an accompanying Further Notice of Proposed Rulemaking, the Commission proposed updating its reporting requirements to keep pace with technological change. The Commission noted that communications providers are transitioning from legacy to IP-based networks, and the nation’s 911 services are already increasingly reliant on broadband technology. However the current outage reporting requirements are largely centered on legacy networks and services. The Commission is therefore seeking comment on a proposal to update its reporting requirements to address broadband disruptions. The Commission also proposed updates to its current reporting requirements for interconnected Voice over Internet Protocol (VoIP) providers to ensure greater usefulness and consistency of information, as well as proposed changes to better reflect wireless outages in rural areas.

FCC Proposes to Eliminate Two Public Inspection File Requirements, Reducing Regulatory Burdens on Commercial Broadcasters and Cable Operators

The Federal Communications Commission proposed to eliminate two public inspection file rules. These rules currently require: (1) commercial television and radio broadcast stations to retain, and make available to the public, copies of correspondence from viewers and listeners; and (2) cable operators to maintain and allow public inspection of the location of a cable system’s principal headend. The Commission adopted online public file rules for broadcast television licensees in 2012, moving television public files that previously were retained at stations’ local main studios to an online, Commission-hosted database. TV broadcasters completed their transition to the online file in July 2014. Modernizing the filing process made it easier for consumers to access information about their broadcast services without having to travel to the station’s main studio and reduced the cost of broadcaster compliance.

Last January, the Commission expanded the move to online filing to cable, radio and satellite operators. The proposal furthers the Commission’s recent progress in modernizing its public inspection file rules. The proposed elimination of these rules will reduce regulatory burdens on commercial broadcasters and cable operators without adversely affecting the general public. Removing these requirements also would enable broadcasters and cable operators to make their entire public inspection file available online and permit them to cease maintaining local public files. While it appears that the general public does not need access to it, principal headend information must be made available to certain entities, including the FCC and local television stations. The proposal asks for comment on how this information should be collected and made available to entities that need it.

Precision Medicine Initiative and Data Security

The health care system of the future is taking shape right now, and the foundation of that new system is health care data that is private, trusted and secure. We are pleased to release the final Data Security Policy Principles and Framework (Security Framework) for President Barack Obama’s Precision Medicine Initiative (PMI).

The types, breadth, and sensitivity of the personal health, genetic, and environmental information that may be part of a precision medicine-type activity warrants careful attention and protection. Therefore, the Security Framework (modeled on the Administration’s Cybersecurity Framework) establishes security expectations for organizations who participate in PMI and provides a risk management approach to achieving those principles. To ensure that we are leading by example, Federal PMI agencies have committed to integrate the framework throughout all PMI activities.

Women From Venus, Men Still From Mars on Facebook, Study Finds

Women used warmer, gentler words in their status updates on Facebook compared to men, who were more likely to swear, express anger and use argumentative language, a study of 10 million postings found. In a bit of a surprise, the study showed that women used slightly more assertive language, said H. Andrew Schwartz, an assistant professor of computer science at Stony Brook University and one of its authors.

The study, “Women are Warmer but No Less Assertive Than Men: Gender and Language on Facebook,” was a data-driven analysis of the words used by more than 65,000 Facebook users who gave researchers permission to examine their status updates. That shift in assertiveness might reflect the cultural and societal changes brought about by a generation that heavily uses social media, said Margaret L. Kern, a senior lecturer at the Center for Positive Psychology at the University of Melbourne in Australia and one of the study’s authors. In the study, the user’s average age was 26.“Those conversations have shifted over time,” she said. “On Facebook, people are friends. They’re not talking up or down to each other. Women’s writing largely reflected compassion and politeness compared with men, who were hostile and impersonal, according to the study, which Schwartz and Kern discussed in advance of the release.

Black lawmakers want Dept of Labor to push tech on diversity

Members of the Congressional Black Caucus are calling on the Department of Labor to push tech companies on issues related to diversity. In a letter to Secretary of Labor Tom Perez led by Rep Emanuel Cleaver (D-MO) and Rep Hakeem Jeffries (D-NY), the Reps said that the agency should make tech companies with sizable government contracts write affirmative action plans. An element of federal regulations requires contractors not to discriminate in employment practices and to produce “a written affirmative action program for each of its establishments.”

"African Americans are not afforded the same opportunities to compete as their White counterparts in the technology sector,” said the lawmakers. “This leads us to believe that the vast majority of technology companies holding government contracts art in violation of Title 41 of the Code of Federal Regulations, a violation that should be addressed with the utmost urgency." The letter was signed by several other members of the Congressional Black Caucus, including Chairman GK Butterfield (D-NC) and Rep Barbara Lee (D-CA).

GOP budget bill would kill net neutrality and FCC’s set-top box plan

Republican Reps released a plan to slash the Federal Communications Commission's budget by $69 million and prevent the FCC from enforcing network neutrality rules, "rate regulation," and its plan to boost competition in the set-top box market. The proposal is the latest of many attempts to gut the FCC's authority, though it's unusual in that it takes aim at two of FCC Chairman Tom Wheeler's signature projects while also cutting the agency's budget. The plan is part of the government's annual appropriations bill.

The bill contains $315 million for the FCC—a cut of $69 million below the fiscal year 2016 enacted level and $43 million below the [agency's] request," said an announcement by the House Appropriations Committee Chaired by Rep Hal Rogers (R-KY). "The legislation prohibits the FCC from implementing the net neutrality order until certain court cases are resolved, requires newly proposed regulations to be made publicly available for 21 days before the Commission votes on them, prohibits the FCC from regulating broadband rates, and requires the FCC to refrain from further activity of the recently proposed set-top box rule until a study is completed."