October 2016

October 3, 2016 (ICANN; Lifeline; Broadband Competition)

BENTON'S COMMUNICATIONS-RELATED HEADLINES for MONDAY, OCTOBER 3, 2016


AGENDA
   FCC Faces Tough Timeline Over the Next Few Months

INTERNET/BROADBAND
   US gives up its remaining control over the Internet to ICANN
   Tech groups file court brief opposing internet transition suit [links to Benton summary]
   Lifeline Receives OMB Blessing, Effective Dates - public notice
   FCC Provides Guidance Regarding Designation as a Lifeline Broadband Provider and Lifeline Broadband Minimum Service Standards - public notice
   Promoting Competition for Community Anchor Institution Broadband Services - SHLB Coalition
   Online behind bars: if internet access is a human right, should prisoners have it?
   “The Web belongs to all of us”: Q&A with the Web’s inventor, Sir Tim Berners-Lee [links to Ford Foundation]
   What’s the Best Way to Demonstrate High-Speed Internet? Rock and Roll [links to Chattanooga Times free Press]

WIRELESS/SPECTRUM
   Mobility Fund II: Improving the Data We Use to Identify & Close Mobile Coverage Gaps - FCC
   See also: FCC Releases Data on Mobile Broadband Deployment as of December 31, 2015 Collected Through FCC Form 477 - public notice [links to Benton summary]

TELECOM
   FCC Denies Petitions for Stay of the Inmate Calling Services Order on Reconsideration [links to Federal Communications Commission]
   Verizon says it's not neglecting its legacy network, despite CWA claims [links to Fierce]
   Rural Telecom Financials: Telergee Study Finds Margins and Revenues Up [links to telecompetitor]

TELEVISION
   Sen Thune blasts FCC Chairman Wheeler on secrecy
   FCC Seeks Comment on Post-Incentive Auction Transition Scheduling Plan - public notice [links to Benton summary]
   Cord-Cutting Linked To Pay-TV Dissatisfaction [links to MediaPost]

CONTENT
   'We're Going Backward!' - Vin Cerf op-ed on Digital Media [links to Benton summary]

ADVERTISING
   AT&T to end targeted ads program, give all users lowest available price

DIVERSITY
   Watch AT&T’s CEO give a forceful defense of Black Lives Matter [links to Washington Post]
   Women in tech are held to tougher standards than men — and that has to change, investor Aileen Lee says [links to Revere Digital]
   The future of the arts is Latinx: Q&A with artist Teresita Fernandez [links to Ford Foundation]

PRIVACY/SECURITY
   Researchers ask federal court to unseal years of surveillance records [links to Benton summary]
   Rep Will Hurd: ‘Encryption is Good for Our National Security’ [links to nextgov]
   Why Apple can be forced to turn logs of your iMessage contacts over to police [links to Benton summary]
   CBO Scores Data Security Act [links to Congressional Budget Office]
   John Naughton: Why the internet of things is the new magic ingredient for cyber criminals [links to Guardian, The]

ELECTION 2016
   How Facebook could swing the election — and who will benefit if it does
   Clinton’s Tech Policy Reduced [links to Medium]
   “Trek against Trump” urges voters to choose Hillary Clinton [links to Ars Technica]
   Trump's Last-Minute $140 Million Ad Blitz Is Starting to Happen [links to AdAge]
   Can ‘SNL’ take down Donald Trump? Is it going to try? [links to Washington Post]
   We’re getting our first glimpses of how the debate shifted the presidential race [links to Washington Post]
   Democrats Rake In Money, Thanks to Suit by Republicans [links to New York Times]
   How Facebook Is Dominating the 2016 Election - analysis [links to Benton summary]

GOVERNMENT & COMMUNICATIONS
   Robert Gebelhoff: Why congressional hearings still matter [links to Washington Post]
   What the FBI Files Reveal About Hillary Clinton’s Email Server

GOVERNMENT PERFORMANCE
   Remarks of FCC Commissioner Michael O’Rielly at TPRC: Cost-benefit analysis [links to Federal Communications Commission]

FCC REFORM
   Can the Brits save the FCC? - Mark Jamison op-ed [links to Benton summary]

STORIES FROM ABROAD
   The Cobalt Pipeline
   BT and Ofcom reach impasse over independent Openreach [links to Financial Times]

MORE ONLINE
   Deputy Secretary Bruce Andrews and the Digital Economy Board of Advisors Convene in Silicon Valley - press release [links to Benton summary]
   Helping Smart Cites Harness Big Data [links to Atlantic, The]
   Unleashing Patent Data to the Public [links to Department of Commerce]

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AGENDA

FCC AGENDA
[SOURCE: Morning Consult, AUTHOR: Amir Nasr]
Federal Communications Commission Chairman Tom Wheeler has an ambitious agenda ahead of him as the agency eyes rules in three telecommunications areas that face staunch opposition from large factions of the private sector. Chairman Wheeler wants the FCC to set price caps on business data services, open the cable set-top box marketplace, and implement privacy regulations on Internet service providers. He told reporters he aims to complete all those items before the end of the year. The stars will have to align perfectly for this to happen.
benton.org/headlines/fcc-faces-tough-timeline-over-next-few-months | Morning Consult
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INTERNET/BROADBAND

INTERNET TRANSITION
[SOURCE: Financial Times, AUTHOR: Richard Waters]
Forty seven years after the first message was sent over the forerunner to today’s pervasive global network, the US has given up its remaining control over the internet. The formal handover, which took effect on Oct 1, followed a last-ditch attempt by a group of Republicans to block the move. They had argued that the US concession would open the door for authoritarian governments to get control of the network of networks, leading to greater censorship. However, supporters of the handover plan maintained that it was the only way to prevent a greater threat to the internet, since foreign governments who resented the US control would end up walling off their own national networks, eventually Balkanising the global system. On Sept 30, a judge in Texas refused to grant an injunction requested by four Republican state attorneys-general to bar the move. That followed the end of an attempted Congressional rebellion, led by Sen Ted Cruz (R-TX). The last vestige of US control lay in its power over the internet’s naming and addressing system. Though largely technical in nature, this theoretically gave Washington the power to make entire countries “go dark” on the internet by removing them from the central naming system — though such a drastic action was considered self-defeating since it would have led to the immediate fragmentation of the internet. The US concession has officially launched an experiment in global governance designed to handle borderless digital communications. Control over addressing and naming on Oct 1 passed to Icann, an international body that had already been handling the system under a contract from Washington, but now operates independently.
benton.org/headlines/us-gives-its-remaining-control-over-internet-icann | Financial Times
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LIFELINE EFFECTIVE DATES
[SOURCE: Federal Communications Commission, AUTHOR: Marlene Dortch]
The Office of Management and Budget (OMB) has approved, for a period of three years, the information collection requirements associated with certain of the provision of the rules adopted as part of the Federal Communications Commission’s Third Further Notice of Proposed Rulemaking, Order on Reconsideration, and Further Report and Order (Lifeline Third Reform Order). The rule amendments to 47 CFR
54.202(a)(6), (d), and (e), and 54.205(c) published at 81 FR 33025, May 24, 2016, will become effective October 3, 2016.
The rule amendments to 47 CFR 54.101, 54.401(a)(2), (b), (c), (f), 54.403(a), 54.405(e)(1), (e)(3) through (e)(5), 54.407(a), (c)(2), (d), 54.408, 54.409(a)(2), 54.410(b) through (e), (g) through (h), 54.411, 54.416(a)(3), 54.420(b), and 54.422(b)(3) will become effective December 2, 2016.
The rule amendments to 47 CFR 54.410(f) will become effective January 1, 2017.
The rule amendments to 47 CFR 54.400(l) are applicable October 3, 2016.
The rule amendments to 47 CFR 54.400(f), (j), and (m) through (o) are applicable December 2, 2016.
benton.org/headlines/lifeline-receives-omb-blessing-effective-dates | Federal Communications Commission
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DESIGINATED AS A LIFELINE BROADBAND PROVIDER
[SOURCE: Federal Communications Commission, AUTHOR: Public Notice]
In this Public Notice, the Federal Communications Commission’s Wireline Competition Bureau provides guidance to entities seeking designation as Lifeline Broadband Providers for the purpose of receiving reimbursement through the Lifeline program for qualifying broadband Internet access service (BIAS) provided to eligible low-income consumers. The Bureau also provides additional guidance regarding the implementation of the FCC’s minimum service standards for Lifeline-supported BIAS, which is applicable to Lifeline Broadband Providers (LBPs) and also other eligible telecommunications carriers (ETCs) seeking Lifeline reimbursement for BIAS provided to qualifying low-income consumers. LBPs will be designated by the Wireline Competition Bureau, and may qualify for a streamlined designation process, designed to encourage broader provider participation and competition in the program while protecting consumers and the integrity of the Universal Service Fund (Fund). All petitions for LBP designation must be sent to the Bureau.
benton.org/headlines/fcc-provides-guidance-regarding-designation-lifeline-broadband-provider-and-lifeline | Federal Communications Commission
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PROMOTING COMPETITION FOR COMMUNITY ANCHOR INSTITUTION BROADBAND
[SOURCE: Benton Foundation, AUTHOR: John Windhausen]
Many studies show that competition breeds greater investment in broadband networks, more jobs, innovation, lower prices and higher quality customer service. Yet many anchor institutions still have only one choice for their broadband provider, and the lack of competitive choices hampers anchor institutions’ ability to acquire high-capacity broadband at affordable prices. Policymakers can address the shortage of competition by making it easier for new broadband providers to enter the market; requiring more bidders for E-rate services; ensuring that existing networks are open to interconnection to competitive providers; reducing prices of wholesale access to existing infrastructure and services that competitors need to expand their networks; and promoting network sharing.
[John Windhausen, Jr. is Executive Director of the Schools, Health & Libraries Broadband (SHLB) Coalition.]
https://www.benton.org/blog/promoting-competition-community-anchor-insti...
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INTERNET ACCESS FOR PRISONERS
[SOURCE: The Guardian, AUTHOR: Dan Tynan]
Aside from limited connections at a handful of juvenile detention facilities, there’s no way for America’s 2.3 million inmates to access the internet. Worse, institutions may punish inmates when their families post online on their behalf. Prison authorities cite concerns that inmates will use the internet to harass victims or threaten witnesses, arrange for deliveries of contraband or commit new crimes online. But in a world increasingly defined by technology, denying internet access makes it harder for inmates to prepare for life on the outside, notes Dave Maass, investigative researcher for campaign group the Electronic Frontier Foundation (EFF). It makes it harder for inmates to report on conditions inside prisons or communicate with their families – and also contravenes the May 2011 declaration by the UN that internet access is now a fundamental human right.
benton.org/headlines/online-behind-bars-if-internet-access-human-right-should-prisoners-have-it | Guardian, The | Benton/Bianca Reisdorf
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WIRELESS/SPECTRUM

MOBILITY FUND II
[SOURCE: Federal Communications Commission, AUTHOR: Jon Wilkins]
The Universal Service Fund/ Intercarrier Compensation Transformation Order set the course for the comprehensive modernization of universal service for the 21st century. In so doing, the Federal Communications Commission set an ambitious goal of universal broadband and advanced mobile coverage. As part of the Connect America Fund, the FCC created the Mobility Fund, a universal service support mechanism dedicated exclusively to mobile services. Phase I of the Mobility Fund provided one-time support to accelerate our nation's ongoing efforts to close gaps in mobile wireless service. In order for the Mobility Fund to improve coverage in these areas for current-generation or better mobile voice and broadband services, the FCC needs detailed coverage data both to identify areas that lack mobile voice and broadband service and to avoid spending limited resources on support in areas where an unsubsidized provider is already offering service. Today, we are excited to announce improved analysis of coverage data, giving the FCC the ability to take the next steps toward closing the coverage gap in rural America through Mobility Fund Phase II. This is due, in large part, to our access to more reliable data from provider-filed Forms 477. Twice a year, mobile broadband and voice providers must submit shapefiles showing their network coverage areas and certify the accuracy of their submissions. These shapefiles depict the areas where providers have reported that consumers should expect the minimum speeds associated with 4G LTE or other network technologies. There is no better mobile coverage data available today. This new and improved data is a major step forward over the data analyzed in the Mobility Fund Phase I auction, called the “centroid method.”
benton.org/headlines/mobility-fund-ii-improving-data-we-use-identify-close-mobile-coverage-gaps | Federal Communications Commission
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TELEVISION

FCC TRANSPARENCY
[SOURCE: The Hill, AUTHOR: Ali Breland]
Senate Commerce Committee Chairman John Thune (R-SD) is calling on Federal Communications Commission Chairman Tom Wheeler to release the FCC’s latest proposal on rules for pay-television set-top boxes. Thune’s letter was delivered a day after Chairman Wheeler indefinitely delayed a vote on his latest proposal to change the rules for set-top boxes, a market that has been dominated by cable companies. Wheeler’s rule would require companies to make their television feeds available as apps to other companies, such as Apple and Google, that might make set-top boxes. The decision to delay the vote shows Chairman Wheeler does not have support on the FCC for his rule to be approved at this time. Chairman Thune said the public should be able to see the latest version of the rule and be able to comment on it. “Your new proposal is intended to benefit consumers, yet those same consumers are not currently able to read this far-reaching new plan,” Chairman Thune wrote in the letter.
benton.org/headlines/sen-thune-blasts-fcc-chairman-wheeler-secrecy | Hill, The
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ADVERTISING

ATT ADS
[SOURCE: ars technica, AUTHOR: Jon Brodkin]
AT&T is getting rid of Internet Preferences, the controversial program that analyzes home Internet customers' Web browsing habits in order to serve up targeted ads. “To simplify our offering for our customers, we plan to end the optional Internet Preferences advertising program related to our fastest Internet speed tiers," an AT&T spokesperson spoketh. "As a result, all customers on these tiers will receive the best rate we have available for their speed tier in their area. We’ll begin communicating this update to customers early next week.” Data collection and targeted ads will be shut off, AT&T also confirmed. Since AT&T introduced Internet Preferences for its GigaPower fiber Internet service in 2013, customers had to opt into the traffic scanning program in order to receive the lowest available rate. Customers who wanted more privacy had to pay another $29 a month for standalone Internet access; bundles including TV or phone service could cost more than $60 extra when customers didn't opt in.
benton.org/headlines/att-end-targeted-ads-program-give-all-users-lowest-available-price | Ars Technica
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ELECTION 2016

FACEBOOK AND THE ELECTION
[SOURCE: Washington Post, AUTHOR: Caitlin Dewey]
There’s been a lot of consternation in recent months about Facebook’s impact on politics. If it’s not fears of partisan censorship and suppressed trending topics, it’s worries about echo chambers or hyper-targeted campaign ads. But in the upcoming presidential election, at least, Facebook’s influence will lie somewhere else: The social network is driving huge numbers of people to the polls — and most of those people are likely to vote Democrat. This effect is not at all by design. Instead, it’s an accident of demographics. Facebook skews both young and female, which means the site’s powerful get-out-the-vote campaigns reach more potential voters in the Hillary Clinton camp. The same could be said of Twitter, which over-indexes with people of color. Or Airbnb, which is popular among older, white adults — those statistically most likely to be Republican voters.
benton.org/headlines/how-facebook-could-swing-election-and-who-will-benefit-if-it-does | Washington Post
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GOVERNMENT & COMMUNICATIONS

CLINTON’S EMAIL SERVER
[SOURCE: Politico, AUTHOR: Garrett Graff]
Hillary Clinton comes across in the FBI interviews as a disengaged tech user who sees the communication tools as little more than a means to an end. She has, according to multiple aides, never even learned how to use a desktop computer. Clinton regularly pumped those around her for help with her devices—even those, as her long-time aide Philippe Reines joked to the FBI, whose job had “zero percent” of their responsibilities focused on IT. Reines, whose name is redacted in the FBI files but whose identity is easily discernible, “likened it to your parents asking for technical help with their phone or computer.” Except that what Clinton turned to others for help with wasn’t an Amazon purchase or reading CNN.com: She needed help managing a massive trove of communications about the inner workings of the nation’s diplomacy and national security. Over the course of five years, those emails lived first in her Chappaqua, New York, basement, then later in a data center in New Jersey, then they were FedExed across the country and possibly copied onto a thumb drive before being printed out, sorted and handed back to the State Department in 12 bankers’ boxes. The boxes soon found themselves at the center of an FBI investigation and led ultimately to the biggest controversy to shadow Clinton during the 2016 presidential campaign. But it all started with the strange home server. This is its story.
benton.org/headlines/what-fbi-files-reveal-about-hillary-clintons-email-server | Politico
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STORIES FROM ABROAD

THE COBALT PIPELINE
[SOURCE: Washington Post, AUTHOR: Todd Frankel]
Tracing the path from deadly hand-dug mines in Congo to consumers’ phones and laptops. Cobalt is a mineral essential to the rechargeable lithium-ion batteries that power smartphones, laptops and electric vehicles made by companies such as Apple, Samsung and major automakers. The world’s soaring demand for cobalt is at times met by workers, including children, who labor in harsh and dangerous conditions. An estimated 100,000 cobalt miners in Congo use hand tools to dig hundreds of feet underground with little oversight and few safety measures, according to workers, government officials and evidence found by The Washington Post during visits to remote mines. Deaths and injuries are common. And the mining activity exposes local communities to levels of toxic metals that appear to be linked to ailments that include breathing problems and birth defects, health officials say.
benton.org/headlines/cobalt-pipeline | Washington Post
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Promoting Competition for Community Anchor Institution Broadband Services

Many studies show that competition breeds greater investment in broadband networks, more jobs, innovation, lower prices and higher quality customer service. Yet many anchor institutions still have only one choice for their broadband provider, and the lack of competitive choices hampers anchor institutions’ ability to acquire high-capacity broadband at affordable prices. Policymakers can address the shortage of competition by making it easier for new broadband providers to enter the market; requiring more bidders for E-rate services; ensuring that existing networks are open to interconnection to competitive providers; reducing prices of wholesale access to existing infrastructure and services that competitors need to expand their networks; and promoting network sharing.
[John Windhausen, Jr. is Executive Director of the Schools, Health & Libraries Broadband (SHLB) Coalition.]

Online behind bars: if internet access is a human right, should prisoners have it?

Aside from limited connections at a handful of juvenile detention facilities, there’s no way for America’s 2.3 million inmates to access the internet. Worse, institutions may punish inmates when their families post online on their behalf. Prison authorities cite concerns that inmates will use the internet to harass victims or threaten witnesses, arrange for deliveries of contraband or commit new crimes online. But in a world increasingly defined by technology, denying internet access makes it harder for inmates to prepare for life on the outside, notes Dave Maass, investigative researcher for campaign group the Electronic Frontier Foundation (EFF). It makes it harder for inmates to report on conditions inside prisons or communicate with their families – and also contravenes the May 2011 declaration by the UN that internet access is now a fundamental human right.

How Facebook Is Dominating the 2016 Election

[Commentary] Citigroup projects that spending on political ads on Facebook could surpass spending on Google in 2016, reversing the historical pattern. This is no small accomplishment, considering how powerful search advertising remains, as a conduit for motivated donors and volunteers. This reflects both Facebook’s vast reach and the tools it offers advertisers to target ever-narrower segments of its users. For campaigns striving to get supporters to the polls, as well as change minds, this ability to “micro-target” is manna from heaven. As with conventional advertising, it is now happening with unprecedented scale and precision in politics.

Can the Brits save the FCC?

[Commentary] Now that Brexit is underway, maybe we can ask the Brits to help us with some of our own independence problems. In particular, could we get some guidance on how to make the Federal Communications Commission more independent and substantive? Can we reform the FCC without losing its world-class talents? Yes. The problem appears to be largely governance.

Taking lessons from the Brits (and others), a new governance model would have a small executive team that is responsible for carrying out the work of the agency, subject to a board made up of economists, accountants, engineers, social scientists, and business persons whose professional loyalties are to their professions, not politics. As with today’s commission, the board would be held accountable by courts, administrative procedures, and congressional oversight, and members would serve staggered terms and could not be removed without cause. A key difference would be selection: Appointments would be made by a joint committee consisting of equal numbers of Republican and Democratic members of Congress, board members, and representatives of academia and business. It appears that regulation by president-appointed commissions is an idea whose time has passed in the US. If we make effective reforms, maybe the US can once again become a world leader in effective regulation.

[Mark Jamison is the director and Gunter Professor of the Public Utility Research Center at the University of Florida and serves as its director of telecommunications studies.]

Op-ed

Promoting Competition for Community Anchor Institution Broadband Services

The SHLB Coalition developed Connecting Anchor Institutions: A Broadband Action Plan to provide ideas and actionable policy recommendations for government leaders at the federal, state, and local levels to address the broadband needs of anchor institutions. The ten policy papers highlight connectivity gaps and explain why broadband access is vital to communities nationwide. In the coming weeks, the Benton Foundation will be highlighting each of the Action Plan policy papers. The following is an excerpt of the second paper. Up next -- Broadband Infrastructure Policy.