November 2016

President-elect Trump’s latest FCC advisor opposes Title II, supports data cap exemptions

President-elect Donald Trump announced a third advisor to oversee the Federal Communications Commission's transition from Democratic to Republican control. Roslyn Layton, Trump's new addition, joins Jeffrey Eisenach and Mark Jamison on the FCC transition team. All three are outspoken opponents of the FCC's Title II network neutrality rules and are affiliated with the conservative American Enterprise Institute (AEI). Layton argued on the AEI blog that government regulations aren't necessary to protect net neutrality.

"Regulation proponents argue that without such rules your Internet provider would speed up or slow down websites," she wrote. "There have never been rules against this, but Internet providers don’t do it anyway. Simply put, the business opportunity to deliver an open Internet is far greater. Failing that, antitrust laws deter discriminatory behavior, already ensuring net neutrality." Layton opposed proposed rules intended to provide alternatives to set-top boxes that must be rented from cable TV companies and customer privacy rules for Internet providers. She also supports ISPs' right to accept money in exchange for exempting some services from data caps.

Sen Cruz calls for lifting campaign fundraising limits

Sen Ted Cruz (R-TX) wants to squeeze out super PACs by abolishing limits on fundraising dollars to individual candidates. Joining with Rep Mark Meadows (R-NC), Sen Cruz is filing legislation that the pair argues will increase transparency and treat all campaign donations like free speech.

"Restrictions to political contributions are always presented under the guise of preventing corruption and holding politicians accountable, when in fact they accomplish exactly the opposite: protecting incumbent politicians," Sen Cruz said. "Establishing unlimited contributions paired with immediate disclosure is the best way to promote transparency, eliminate the viability of SuperPACs going forward, and ensure that free speech is protected in the electoral process." The new bill would allow donors to give unlimited sums to candidates but require that donations of more than $200 be disclosed within one day's time.

Our Last, Best Chance to Reinvent Local News

[Commentary] Over the last 25 years, daily newspapers have shed as many as 25,000 newsroom jobs. The United States has just under half the number of local newspaper journalists working today as it did in 1990. Jobs in local broadcast radio and television have suffered in similar ways as many owners have responded to a changing market by downsizing newsrooms and requiring the remaining reporters to cover more beats. There’s hope we can fix this before the next national election.

Right now we have a tremendous opportunity to ensure that both existing local newsrooms and startups have the money they need to do the reporting that supports civic life. In June the Federal Communications Commission began a long-awaited auction that will involve a major redistribution of the public airwaves. The FCC is urging broadcasters, including dozens of public television stations, to abandon their channels or move elsewhere on the dial to free up bandwidth for data-hungry users of mobile services like AT&T and Verizon. This is potentially the most important development for local news and information since President Lyndon Johnson signed the Public Broadcasting Act of 1967, which helped establish NPR, PBS and their many local affiliates and programs.

[Timothy Karr is the senior director of strategy for Free Press]

FBI to gain expanded hacking powers as Senate effort to block fails

A last-ditch effort in the Senate to block or delay rule changes that would expand the US government's hacking powers failed Nov 30, despite concerns the changes would jeopardize the privacy rights of innocent Americans and risk possible abuse by the incoming administration of President-elect Donald Trump.

Sen Ron Wyden (D-OR) attempted three times to delay the changes, which will take effect Dec 1 and allow US judges will be able to issue search warrants that give the FBI the authority to remotely access computers in any jurisdiction, potentially even overseas. His efforts were blocked by Sen John Cornyn (R-TX), the Senate's second-ranking Republican. The changes will allow judges to issue warrants in cases when a suspect uses anonymizing technology to conceal the location of his or her computer or for an investigation into a network of hacked or infected computers, such as a botnet. In a speech from the Senate floor, Sen Wyden said that the changes to Rule 41 of the federal rules of criminal procedure amounted to "one of the biggest mistakes in surveillance policy in years."

American Cable Association to FCC: Deny Nexstar-Media General Waiver

The American Cable Association has asked the Federal Communications Commission to deny the request by Nexstar and Media General for a waiver of the FCC's Prohibited Communications rule, a rule that so far has blocked FCC action on Nexstar's proposed purchase of Media General. Because Media General had indicated it would be participating in the auction—it was allowed by the FCC to signal, and did signal, that it was applying to be eligible—FCC action on the transfer could provide more specific information about the auction, which is why the FCC decided it would not act on any transfers involving such stations that were filed after a January 2016 deadline.

Nexstar and Media General sought a waiver of that Prohibited Communications rule in hopes the deal approval would not have to wait until the end of the auction for a decision. The FCC has yet to act, but there has been buzz that the FCC's Media Bureau could be weighing in any time with a decision on the waiver and perhaps contemporaneously a conditioned approval of the deal. ACA says the Media Bureau should not be making that decision, that it should be made by a vote of the commissioners rather than the bureau, and that if it is made by a bureau it can't be the Media Bureau, which it says does not have the delegated authority to waive the spectrum auction rules. That would be the Wireless Bureau, says ACA. Finally, whoever is reviewing it should deny the waiver, says ACA, because the broadcasters "have not met their burden to show why the extraordinary relief contemplated by the waiver is justified."

iPass and Telrite Corporation Partner to Bring Unlimited Wi-Fi Access to Lifeline Program Subscribers

iPass Inc., the leading provider of global mobile connectivity, and Telrite Corporation, through its Lifeline supported wireless service, Life Wireless™, announced a partnership to bring unlimited Wi-Fi access to qualifying subscribers of the Lifeline program. The partnership will help provide Lifeline program subscribers with a secure, fast connection on their mobile devices.

Beginning on Dec 1, 2016, Lifeline program subscribers will receive access to the iPass global Wi-Fi service. Once activated, the service will provide each subscriber with access to the world’s largest Wi-Fi network. “For the individuals and families we serve through the Lifeline program, Wi-Fi access, courtesy of iPass, is absolutely invaluable,” said Brian Lisle, the president of Telrite Corporation. “This partnership represents our continued dedication to ensuring that the subscribers we serve continue to have access to doctors, families, employers and emergency services – as well as access to education resources to help bridge the ‘Homework Gap’ for students at home – so that they can compete on a level playing field.”

Remember, America: Hating the press is not American

[Commentary] Journalists in the US are never off-limits for criticism. But what we’re seeing right now goes too far. We must fight back. We must fight a president-elect who obsessively attacks the press on Twitter, fight death threats toward reporters and editors, fight unrelenting anti semitism on social media, fight the resurrection of the Nazi-Germany term “Lugenpresse.” It’s an affront to our national heritage. And if the American people don’t remember or understand this, we need to remind them. Often.

So as we prepare to embark on a Donald Trump presidency, I offer a mini manifesto to share with press-hating friends, family, co-workers, and strangers. You can call yourself many things while you foment hatred toward reporters, but “all-American” is not one of them. Journalism is our original—and enduring—national anthem.

[Philip Eil is a freelance journalist based in Providence (RI)]