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October 2016

FCC Adopts CAF Phase II Service Obligations for Alaska Communications Systems

In this Order, the Federal Communications Commission adopts tailored service obligations for Alaska Communications Systems (ACS), a carrier serving a non-contiguous area that elected to receive nearly $20 million annually in Connect America Phase II frozen support amounts in lieu of model-based support. We find these obligations are in the public interest and will advance the Commission’s goal of ensuring universal availability of modern networks capable of providing voice and broadband service.

Specifically, ACS will receive Phase II frozen support for a 10-year term and be required to offer voice service and broadband service at the same speed, latency, usage and pricing metrics as established for Phase II model-based carriers to at least 31,571 locations, primarily in census blocks identified as highcost that are unserved by unsubsidized competitors, with limited exceptions. These service obligations strike the appropriate balance of ensuring Alaska consumers receive broadband service while also allowing ACS the flexibility to provide that service in a way that is logical, maximizes its network and is reasonable considering the unique climate and geographic conditions of its service territory.

Civil rights groups: Facebook should protect, not censor, human rights issues

A coalition of more than 70 civil rights groups have written to Facebook demanding that the company clarifies its policies for removing content and alleging that it has repeatedly removed posts documenting human rights violations. In a letter addressed to CEO Mark Zuckerberg, the rights groups – including the ACLU, Center for Media Justice, SumOfUs and Color of Change – express deep concern over the censorship, particularly when posts are removed at the request of police. When Facebook censors content that depicts police brutality, it sets a dangerous precedent for marginalized communities “Your company is taking on an increasingly central role in controlling media that circulates through the public sphere. News is not just getting shared on Facebook: it’s getting broken there,” the letter said. “We are deeply concerned with the recent cases of Facebook censoring human rights documentation, particularly content that depicts police violence.”

The campaign groups referenced the deactivation of Korryn Gaines’ account during a standoff with police, the suspension of live footage from the Dakota Access pipeline protests, the removal of historic photographs such as “napalm girl”, the disabling of Palestinian journalists’ accounts and reports of Black Lives Matter activists’ content being removed. “When the most vulnerable members of society turn to your platform to document and share experiences of injustice, Facebook is morally obligated to protect that speech,” said the letter.

FirstNet CEO: No contract to be awarded by Nov. 1 target

If there was any doubt, FirstNet CEO Michael Poth made it official: FirstNet won’t be announcing the contractor for the nation’s first Nationwide Public Safety Broadband Network on Nov. 1, leaving it up in the air as to whether it will be awarded during the month of November. Earlier in 2016, Poth said FirstNet remained on track to announce a contract by Nov. 1, but in recent months, FirstNet officials have been using the term “November timeframe” in reference to awarding the 25-year contract, IWCE’s Urgent Communications notes. It's a process that is widely expected to involve at least one nationwide wireless carrier.

AT&T, for one, has described the bidding process as a “rare” event and one it intends to aggressively pursue. “FirstNet will continue to execute the acquisition process outlined in the RFP beyond the November 1st target date for the award,” Poth said in an Oct. 27 blog post. “We will continue to work diligently with our Federal partners to complete the RFP process in line with the FAR [Federal Acquisition Regulation] while being as transparent as allowable.” There are signs the list of candidates is narrowing, however. pdvWireless stated in an SEC filing that on Oct. 17, it received written notice from the contracting officer of the U.S. Department of the Interior that its proposal for the FirstNet public safety network was no longer being considered for the award. pdvWireless is headed by Brian McAuley and Morgan O'Brien, wireless industry veterans involved in the launch of the first nationwide all-digital network known as Nextel Communications, a pioneer in push-to-talk communications. That leaves bidding teams led by AT&T and Rivada Mercury. Rivada Mercury is the entity composed of Nokia, Ericsson, Intel Security, Harris Corporation, Fujitsu Network Communications and Black & Veatch and led by former Sprint executive Joe Euteneuer.

CenturyLink-Level 3: A $34 billion deal that creates a global fiber powerhouse, threatening AT&T, Verizon

CenturyLink confirmed its $34 billion purchase of Level 3 Communications this morning, a move that will create arguably the third largest domestic enterprise service player and threaten AT&T and Verizon – two providers that have enjoyed their stance as dominant global enterprise service players for decades.

News of the acquisition comes after a report emerged that the service providers were in the final talks to merge. By purchasing Level 3, CenturyLink will get access to global providers that have established relationships with multinational companies that have assets in multiple countries. The combination would also far surpass cable’s enterprise ambitions, which have only begun as of late following their initial small- to medium-sized business play. Now that the deal has been confirmed, a number of questions linger. CenturyLink will face a large integration project of not only the physical assets, but also people. At the end of the deal, the new company may have to conduct layoffs -- a complex proposition, since CenturyLink has a large unionized workforce. Brian Washburn, service director of global Business Network and IT services for Current Analysis, said that while issues could come up, they are not impossible to overcome. “There may be concerns about the national fiber footprint (CTLK and LVLT -- with XO -- own two of the three major ULH DWDM capable national fiber footprints built in the 1990s,” Washburn said. “We might see some building address divestment, too. But I think these are both surmountable.”

Taking It Back!: FCC’s New Promise to Tackle Forced Arbitration and Protect Consumers

The week of Oct 24, the Federal Communications Commission made two huge moves to help consumers navigate the digital marketplace. The first was to finally pass its long-awaited landmark broadband privacy rules. But tucked inside that order was something equally important, if less high-profile: a commitment by the FCC that by February 2017, it will embark on a proceeding to address mandatory binding (or forced) arbitration clauses.

If these have flown under the radar for you, it’s because they are the epitome of fine print. Forced arbitration clauses are sneaky language injected into contracts, which can eliminate one of your fundamental legal remedies as a consumer: the class action lawsuit. Without the threat of a class action, consumers can be left without a practical legal remedy, which is critical in the event that a company pursues business practices that clearly rip customers off. This move was just the latest example of the FCC fighting for consumer rights in the face of continued pushback from corporate interests. Consumers should cheer loudly - but also remember that this is just the kick-off. Important issues for consumers remain on the FCC’s agenda, and it remains incumbent upon all of us to be vigilant -- to help the Commission enact yet another critical consumer protection in the telecommunications industry, which is central in our daily lives. And, much like in a class action itself, that’s something we can all get behind together.

The Digital Transition: How the Presidential Transition Works in the Social Media Age

President Barack Obama has made clear that a smooth transition between administrations is one of his top priorities, and digital is a key component of that effort. While much of the digital transition is unprecedented in the United States, the peaceful transition of power is not. There are some important principles we can work from. Accordingly, we have been working to ensure that our digital transition meets three key goals.

First, we are preserving the material we’ve created with the National Archives and Records Administration (NARA). From tweets to snaps, all of the material we’ve published online will be preserved with NARA just as previous administrations have done with records ranging from handwritten notes to faxes to emails. Second, wherever possible, we are working to ensure these materials continue to be accessible on the platforms where they were created, allowing for real time access to the content we’ve developed. Finally, we are working to ensure that the next president and administration – regardless of party – can continue to use and develop the digital assets we have created to connect directly with the people they serve.

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