August 2016

FCC adopts an integrated plan to address both fixed and mobile voice and broadband service in high-cost areas of the state of Alaska

Given the unique climate and geographic conditions of Alaska, the Federal Communications Commission finds that it is in the public interest to provide Alaskan carriers with the option of receiving fixed amounts of support over the next ten years to deploy and maintain their fixed and mobile networks. If each of the Alaska carriers elects this option, we expect this plan to bring broadband to as many as 111,302 fixed locations and 133,788 mobile consumers at the end of this 10-year term.

Incentive Auction Stage 2 Clearing Target, Schedule Announced

By this Public Notice, the Incentive Auction Task Force and the Wireless Telecommunications Bureau announce the 114 megahertz spectrum clearing target that has been set by the Auction System’s optimization procedure for the second stage (Stage 2) of the incentive auction. This Public Notice also describes the band plan associated with the 114 megahertz spectrum clearing target, and the number of Category 1 and Category 2 generic license blocks in each Partial Economic Area (PEA) that will be offered during the forward auction in Stage 2. In addition, we provide details and specific dates regarding bidding and the availability of educational materials for Stage 2 of the incentive auction. We also remind reverse and forward auction applicants of their continuing obligations. Stage 2 bidding in the reverse auction will start on September 13, 2016.

How America’s tech companies could wriggle out of the nation’s consumer protection laws

Companies such as Google and Facebook thrive on your personal data — the bits of information that tell advertisers how old you are, what brands you like and how long you lingered on that must-see cat video. Historically, how these companies use this data has been subject to oversight by the Federal Trade Commission, the government's top privacy watchdog. But a big court defeat for the FTC is putting the agency's power to protect your online privacy in jeopardy, analysts say. The ruling could wind up giving Google and Facebook, not to mention other companies in the Internet ecosystem, the ability to escape all consumer-protection actions from the FTC, and possibly from the rest of government, too, critics claim, unless Congress intervenes.

In the wake of the setback, the FTC is mulling an appeal — which would mean either asking for a rehearing at the US Court of Appeals for the Ninth Circuit, or escalating to the Supreme Court, according to a person close to the agency. But unless regulators can persuade the courts to overturn Aug 29's decision, the result will be "a fatal blow" to consumer protection, said Jeffrey Chester, executive director of the Center for Digital Democracy.

FCC Commissioner Mignon Clyburn Makes the Most of Her ‘Outsider’ Status

Federal Communications Commissioner Mignon Clyburn really wants you to know she’s not one of those “inside the Beltway” types. That may seem hard to believe coming from the daughter of Rep Jim Clyburn (D-SC), a congressman since 1993 and the No.3 Democrat in the House. But until she took the FCC job in 2009, Commissioner Clyburn never left her home state for more than a few weeks at a time. “I did not come up to DC to be like a lot of others (respectfully, this sounds a little tough) that I see in DC, who always want to be picture perfect, wrapped up in a bow, and ready for presentation,” Commissioner Clyburn says. “I am very different if you to compare me to my colleagues,” she said. Referring several times to her “Southern accent,” she said, “I am very much outside of the Beltway.” Commissioner Clyburn’s quiet and poised demeanor strikes a sharp contrast to FCC Chairman Tom Wheeler, the physically imposing FCC Chairman who exudes a larger-than-life political presence. Yet for nearly six months in 2013, Commissioenr Clyburn sat in Chairman Wheeler’s chair. She was acting FCC Chairwoman while Congress deliberated over Wheeler’s confirmation. There was a historic nature to her chairmanship.

Blame Your Lousy Internet on Poles

[Commentary] America, we have a problem, and it is tall, ubiquitous, and on the side of the road. It is poles. Not the polls that do or do not track the progress of Donald Trump. Not people of Polish extraction. Utility poles. Poles are the key to our future, because poles are critical components of high-speed fiber optic Internet access. The lucky towns that have dominion over them have been transformed—take, for example, Chattanooga (TN).

Poles, as it turns out, seethe with operatic drama. They are creosote-soaked, 40-foot-high wooden battlegrounds. And, right now, a handful of companies — the usual villains in the Internet access story — is very interested in keeping the status quo in place by quietly making sure that access to these vertical conflict zones is fraught with difficulties. In some areas, poles are controlled by utilities, or even telecom companies. Anyone hoping to string fiber in those places faces two nightmarish, indefinite periods of delay and uncontrolled costs: first getting an agreement in place with the pole owners, and then getting the poles physically ready for a new wire.

[Susan Crawford is the John A. Reilly Clinical Professor at Harvard Law School and a co-director of the Berkman Center.]

The NIST Cybersecurity Framework and the FTC

We often get the question, “If I comply with the NIST Cybersecurity Framework, am I complying with what the FTC requires?” From the perspective of the staff of the Federal Trade Commission, NIST’s Cybersecurity Framework is consistent with the process-based approach that the FTC has followed since the late 1990s, the 60+ law enforcement actions the FTC has brought to date, and the agency’s educational messages to companies, including its recent Start with Security guidance.

The Framework is not, and isn’t intended to be, a standard or checklist. It’s meant to be used by an organization to determine its current cybersecurity capabilities, set individual goals, and establish a plan for improving and maintaining a cybersecurity program, but it doesn’t include specific requirements or elements. In this respect, there’s really no such thing as “complying with the Framework.” Instead, it’s important to remember that the Framework is about risk assessment and mitigation. In this regard, the Framework and the FTC’s approach are fully consistent: The types of things the Framework calls for organizations to evaluate are the types of things the FTC has been evaluating for years in its Section 5 enforcement to determine whether a company’s data security and its processes are reasonable. By identifying different risk management practices and defining different levels of implementation, the NIST Framework takes a similar approach to the FTC’s long-standing Section 5 enforcement.