February 2017

Angie Communications Wants to Finish What Google Fiber Started And More With Ambitious Gigabit Plan

Angie Communications, which calls itself the world’s largest telecom startup, has ambitious gigabit plans – including bringing Angie gigabit service to several markets that Google Fiber planned to serve but later halted and to 87 other markets. Angie has a unique business model that will use fiber that other network operators deployed to business buildings as the backhaul infrastructure for wireless gigabit services.

Back in December the company announced that it would offer service at speeds up to 10 Gbps to business customers in 10,000 buildings in 87 markets reached by fiber operators with whom Angie has business agreements. At that time, the company also noted that it has used that strategy in other parts of the world, where the fiber connectivity to the buildings also serves as backhaul infrastructure for gigabit wireless service.

Defending the Indefensible: Chairman Pai’s Lifeline Reversal Will Widen the Digital Divide

[Commentary] To my great surprise and delight, the recent move by the Federal Communications Commission's new majority to revoke the designations of nine companies as Lifeline providers has provoked a firestorm in the press, on social media, and on the Hill. The furor has been so intense that FCC Chairman Ajit Pai felt moved to defend the decision on Medium this week. But the Chairman doth protest too much. His thin arguments fail to mask two clear truths:
1) His actions will make the market for Lifeline broadband services less competitive, limiting choice and keeping prices high. As a result, fewer low income Americans will be able to afford broadband; and
2) He, and fellow FCC Commissioner Michael O'Rielly, fundamentally disagree with the structure and goals of the Lifeline program and will seek to undermine it in word and deed.
[Gigi Sohn is an internationally-known communications attorney and former Counselor to the Chairman of the Federal Communications Commission. Currently, she is an Open Society Foundations Leadership in Government Fellow. In the coming months, Ms Sohn will be writing articles for The Digital Beat examining the importance of open, democratic, accessible, and affordable communications networks.]

Statement of FCC Chairman Ajit Pai Announcing Process Reform Measure on "Editorial Privileges"

Each month, the Federal Communications Commission holds a monthly meeting at which Commissioners vote on proposals and orders drafted by the agency’s various Bureaus and Offices. Routinely after each vote in which an item is adopted, the Commission votes to grant the staff of the relevant Bureaus and Offices “editorial privileges”—that is, the power to make changes to the documents that the Commissioners have just voted upon. Two years ago, Commissioner O’Rielly began raising concerns about the process of granting editorial privileges. Specifically, he has suggested that such privileges currently are too broad, insofar as they extend to substantive edits. Filling in a citation in a document is one thing; changing the meaning of that document is another. I believe that Commissioner O’Rielly’s view has merit.

Accordingly, we are going to make changes to the process. Specifically, beginning at this month’s FCC meeting on February 23, editorial privileges granted to Bureaus and Offices will extend only to technical and conforming edits to items. Any substantive changes made to items following a meeting must be proposed by a Commissioner. Moreover, substantive changes to items should only be made in cases in which they are required, pursuant to the Administrative Procedure Act, as a response to new arguments made in a Commissioner’s dissenting statement. I thank Commissioner O’Rielly for his hard work on the issue of process reform and look forward to implementing more of his suggestions going forward.

Senate to hold FCC oversight hearing March 8

The Senate Commerce Committee announced that it will hold the next oversight hearing for the Federal Communications Commission on March 8. Senate Commerce Committee Chairman John Thune (R-SD) used the announcement to praise FCC Chairman Ajit Pai for steering the commission in a more conservative direction since he took over in January. “Under Chairman Pai’s leadership, the FCC has the opportunity to chart a path away from heavy-handed intervention in competitive markets and work collaboratively with Congress to create a modern regulatory agency that better meets the needs of consumers,” Chairman Thune said. "The FCC has already taken steps towards increased transparency under Chairman Pai and I would like to see that continue. At our hearing, committee members will have a forum to ask the commissioners about issues facing the FCC that impact Americans.”

Sen McCaskill Pushes Chairman Pai for Action on Cable Contracts

Veteran cable critic Sen Claire McCaskill (D-MO)—ranking member of the Senate Permanent Subcommittee on Investigations—wants Federal Communications Commission Chairman Ajit Pai to limit "overly restrictive" alternative delivery method (ADM) and unconditional most-favored-nation clauses in programming contracts. The FCC, over Pai's objection, proposed to do just that in a Notice of Proposed Rulemaking (NPRM) last September stemming from an inquiry in 2016 into program diversity.

In a letter, Sen McCaskill said in the committee's investigation into programming practices—based on documents from "many of the largest cable and satellite providers" and interviews with distributors and networks—she concluded that the clauses may be limiting consumer choice and said based on that investigation, limiting them "will succeed in removing these obstacles and facilitate competition in an industry increasingly dominated by a few large companies.

CBO Scores Securing Access to Networks in Disasters Act of 2017

The Securing Access to Networks in Disasters Act of 2017 (S 102) would direct the Federal Communications Commission (FCC) to study ways to enhance access to telecommunications services during emergencies when mobile service is unavailable. The bill also would redefine the term “essential service provider” to explicitly include certain telecommunication mediums, such as Internet and cable services, in a list of entities that provide essential services. (Providers of essential services are generally provided access to disaster sites in order to restore and repair services during emergency situations.) Finally, S. 102 would direct the Government Accountability Office (GAO) to study ways the federal government could increase the resiliency of essential communication services during emergencies.

Based on an analysis of information from the FCC, the Congressional Budget Office estimates that carrying out the analysis required by the bill would increase the agency’s administrative costs by less than $500,000. However, the FCC is authorized to collect fees sufficient to offset the costs of its regulatory activities each year; therefore, CBO estimates that the net effect on discretionary spending would be negligible, assuming appropriation actions consistent with that authority. Based on the costs of similar reports prepared by GAO, CBO estimates that the increased costs to GAO to conduct the required study would be insignificant.

Conway may have broken key ethics rule by touting Ivanka Trump’s products, experts say

Presidential Advisor Kellyanne Conway may have broken a key ethics rule when she told TV audiences to “go buy Ivanka’s stuff.” Federal law bans employees from using their public office to endorse products. Conway, speaking to “Fox & Friends” viewers from the White House briefing room, was responding to boycotts of Ivanka Trump merchandise and Nordstrom’s discontinuation of stocking her clothing and shoe lines, which the retailer said was in response to low sales and which the President assailed as unfair. “I’m going to give it a free commercial here,” Conway said of the president’s daughter’s merchandise brand. “Go buy it today.” White House press secretary Sean Spicer said that Conway “has been counseled,” but offered no other comment.