July 2017

AT&T, Verizon say 90 days is enough for copper retirement notices

AT&T and Verizon, two of the nation’s largest telecommunication companies, are making their case again to the Federal Communications Commission to shorten the copper retirement notice from 180 to 90 days. The longer 180-day period was developed under former FCC Chairman Tom Wheeler in the regulator’s 2015 Technology Transitions Order.

As part of that order, the FCC proposed giving competitive carriers and businesses a six-month notice, while residential customers get three months’ notice before copper facilities are shut down. Under that order, AT&T, Verizon and other ILECs are required to provide notice to CLEC wholesale customers that use copper facilities to deliver voice and Ethernet over Copper (EoC) services to business customers. ILECs would also be given the option to retire copper networks and replace them with fiber without prior commission approval, but only if no service is discontinued, reduced, or impaired.

A Review of the Internet Association’s Empirical Study on Network Neutrality and Investment

In a recent paper published by the Internet Association, a trade group representing Internet edge companies, Dr. Christopher Hooton commented on my earlier work on the investment effects of the Federal Communications Commission’s Open Internet regulations. In addition, Dr. Hooton presents his own empirical study of investment effects, concluding that his analysis indicates “no (negative) impact from either the 2010 or 2015 [Net Neutrality] actions.”

Dr. Hooton’s conclusions differ materially from my research, which finds large negative impacts on telecommunications infrastructure investment following the FCC’s regulatory actions in 2010 and 2015. As for Dr. Hooton’s criticism of my work, I demonstrate why they are invalid. Moreover, I will consider Dr. Hooton’s own empirical contribution on the investment effects of Net Neutrality regulation. While Dr. Hooton’s analysis is fatally flawed (as he admits), his work is important in a few respects.

On Trump, transparency and democracy

Over the first six months of this young presidency, President Donald Trump’s approach to the office has been characterized by self-interest, defiance of basic democratic norms, and often incoherent or self-contradictory communications and priorities. In the face of historic lows in public trust in government and an increasingly polarized electorate, we’ve seen a regression to secrecy in both Congress and the White House. The change has not gone unnoticed around the globe, as our nation’s standing to defend democracy and our government’s ability to advocate for anti-corruption efforts has been precipitously eroded.

In this report, we offer a comprehensive but not exhaustive accounting of the Trump administration’s record on open government to date. More than seven months after we first considered what Trump would mean for open government, the questions we sent to the White House were never formally answered. The actions of this administration, however, speak for themselves. Whatever transparency the President of the United States is demonstrating by speaking directly to the public on Twitter is outweighed by his refusal to disclose and divest, undermined by the opacity of their authorship, and weighted down by false claims and misleading assertions. This president publicly accused his predecessor of wiretapping his campaign with no evidence. If that’s transparency, the word itself has been devalued. Our conclusion on the Trump administration’s record on open government at six months is inescapable: this is a secretive administration, allergic to transparency, ethically compromised, and hostile to the essential role that journalism plays in a democracy.

New York Times Asks Fox for Apology After ‘Inaccurate Segment’

The New York Times has asked that the television show “Fox & Friends” apologize for what a Times spokeswoman described as a “malicious and inaccurate segment” that aired the week of July 17 accusing the paper of publishing a story in 2015 that had hindered the United States military’s attempt to kill Abu Bakr al-Baghdadi, the leader of ISIS.

In response, Fox News late on July 223 published an update to a story on its website and acknowledged the change in a brief “Fox & Friends” segment the morning of July 24. Both the updated article and the TV segment added part of a comment from The Times stating that the paper had described the piece to the Pentagon before publication and “they had no objections.” Neither the article nor the segment acknowledged the paper’s request for an apology nor did they respond directly to the accusations of inaccuracy.

Democrats call out AT&T-Time Warner deal in new messaging campaign

Democrats singled out the AT&T-Time Warner merger in their new messaging campaign on July 24, signaling a tougher stance on policing corporate consolidation.

In a set of documents posted by House Minority Leader Nancy Pelosi (D-CA), the Democrats laid out their “Better Deal” vision of cracking down on “extensive concentration of power” in a number of industries, including the cable and telecom fields. “Consolidation in the telecommunications is not just between cable or phone providers; increasingly, large firms are trying to buy up content providers,” the document reads. “Currently, AT&T is trying to buy Time Warner. If AT&T succeeds in this deal, it will have more power to restrict the content access of its 135 million wireless and 25.5 million pay-TV subscribers. “This will only enable the resulting behemoths to promote their own programming, unfairly discriminate against other distributers [sic] and their ability to offer highly desired content, and further restrict small businesses from successfully competing in the market.”

Sen Wyden Seeks Info on E-mail Intel Collection

Sen Ron Wyden (D-OR), a member of the Select Committee on Intelligence, wants to know how many "backdoor" searches of e-mails and other communications the government has conducted. He is concerned about warrantless searches the attorney general can authorize of information collected from or about US citizens if it also involves a person from another country or agent of a foreign power. He also wants to know if the intelligence community can conduct searches of that information without an individual warrant and what limits there are in searching the information if that person is not the target—the target has to be a foreign power or agent on the other side of that communication collected under the Foreign Intelligence Surveillance Act (FISA). Sen Wyden is also concerned about the lack of public awareness of the breadth of the data collection and limits on oversight, as well as what he says is the vagueness of government procedures for collection and use.