August 2017

BIG NEWS FROM THE SENATE

SENATE CONFIRMS TWO FCC NOMINEES
[SOURCE: US Senate Commerce Committee, AUTHOR: Press release]
On August 3, the Senate confirmed 63 presidential nominees by unanimous consent. Nine fall under the jurisdictional responsibility of the Senate Commerce Committee including Jessica Rosenworcel and Brendan Carr to be members of the Federal Communications Commission. Carr’s term expires on June 30, 2018. Although FCC Chairman Ajit Pai has also been re-nominated for a new term, the Senate has not acted on that nomination.
benton.org/headlines/senate-confirms-two-fcc-nominees | US Senate Commerce Committee
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TECH AND TELECOMMUNICATIONS BILLS
[SOURCE: US Senate Commerce Committee, AUTHOR: Press release]
On August 3, the passed the following technology and telecommunications bills:
S. 19, Making Opportunities for Broadband Investment and Limiting Excessive and Needless Obstacles to Wireless Act (MOBILE NOW Act), Legislation to increase spectrum availability for next-generation gigabit wireless services and foster broadband deployment. Sponsors: Sens. John Thune (R-SD), Bill Nelson (D-FL)
S. 96, Improving Rural Call Quality and Reliability Act of 2017, Legislation to require the FCC to establish quality and reliability standards for rural phone networks. Sponsors: Sens. Amy Klobuchar (D-Minn.), John Thune (R-SD), Jon Tester (D-MT)
S. 123, Kari’s Law Act of 2017, Legislation initiated after the murder of Kari Hunt in a hotel in Marshall, Texas, when Hunt’s daughter tried to call 911 but was unsuccessful due to a required “9” prefix on the hotel phone. This legislation bans the requirement of a prefix when dialing 911 for assistance. Sponsors: Sens. Amy Klobuchar (D-MN), Deb Fischer (R-NE), Brian Schatz (D-Hawaii), John Cornyn (R-Texas), John Thune (R-SD), Ted Cruz (R-Texas)
S. 134, Spoofing Prevention Act of 2017, Legislation to stop the transmission of misleading or inaccurate caller ID information, including such calls and text messages originating overseas. Sponsors: Sens. Bill Nelson (D-Fla.), Deb Fischer (R-Neb.), Amy Klobuchar (D-MN), Roy Blunt (R-MO)
S. 174, Federal Communications Commission Consolidated Reporting Act of 2017, Legislation to require the FCC to condense duplicative reports on competition in the telecommunications market into one comprehensive report released every two years. Sponsors: Sens. Dean Heller (R-NV), Brian Schatz (D-Hawaii)
S. 88, Developing Innovation and Growing the Internet of Things Act (DIGIT Act), Legislation to bring together private sector and government entities to assess the needs of the Internet of Things (IoT) and study the readiness of government to support the IoT. Sponsors: Sens. Deb Fischer (R-NE), Cory Booker (D-NJ), Cory Gardner (R-CO), Brian Schatz (D-Hawaii)
benton.org/headlines/senate-passes-six-technology-and-telecommunications-bills | US Senate Commerce Committee
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NEWS FROM THE FCC MEETING

FCC TAKES NEXT STEP TOWARD $2 BILLION RURAL BROADBAND EXPANSION
[SOURCE: Federal Communications Commission, AUTHOR: Press release]
The Federal Communications Commission took the next step toward launching an auction that will provide nearly $2 billion over ten years to expand high-speed Internet access to consumers and businesses in rural areas that are currently unserved by fixed broadband. This proceeding represents the first use of an auction by the FCC to allocate ongoing Connect America Fund support for fixed broadband and voice services in rural areas. Use of this market-based “reverse auction” mechanism will enable the FCC to expand and support high-quality rural fixed broadband and voice services at a lower cost and to maximize the value of its investment. The auction will commence in 2018. The Public Notice seeks comment on the proposed application and bidding procedures for the auction, including how interested parties can qualify to participate in the auction, how bidders will submit their bids, and how the FCC will process bids to determine the winners and support amounts. This first-of-its-kind auction of support for fixed broadband and voice service is expected to attract parties that have never participated in an FCC auction. Recognizing that, the FCC’s Rural Broadband Auctions Task Force, along with the Wireline Competition Bureau and Wireless Telecommunications Bureau, plan to provide detailed educational materials and hands-on practice opportunities in advance of the auction.
benton.org/headlines/fcc-takes-next-step-toward-2-billion-rural-broadband-expansion | Federal Communications Commission | Multichannel News
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FCC ESTABLISHES CHALLENGE PROCESS FOR MOBILITY FUND PHASE II TO PROMOTE ACCESS TO MOBILE BROADBAND SERVICES IN RURAL AMERICA
[SOURCE: Federal Communications Commission, AUTHOR: Press release]
The Federal Communications Commission established the procedures for a robust challenge process to ensure that the FCC targets Mobility Fund Phase II (MF-II) support to primarily rural areas that lack unsubsidized 4G LTE service. Establishing the challenge process will enable the FCC to resolve eligible area disputes quickly and expeditiously. In February, the FCC established the framework for the MF-II, $4.53 billion of funding over ten years, and sought comment on the process under which interested parties could challenge the eligibility of areas for MF-II support. This action establishes a challenge process that will be administratively efficient and fiscally responsible. This item adopts parameters for a one-time collection of 4G LTE coverage data tailored to MF-II. The FCC will use this coverage data, in conjunction with subsidy data, to establish the map of presumptively eligible areas. Interested parties will have a window after the release of this map to file challenges to areas deemed presumptively ineligible, and providers will have an opportunity to respond to those challenges. This item also includes an Order on Reconsideration, which resolves certain issues raised in petitions for reconsideration of the Mobility Fund II Report and Order adopted in February.
benton.org/headlines/fcc-establishes-challenge-process-mobility-fund-phase-ii | Federal Communications Commission
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COMMUNICATIONS & DEMOCRACY

KELLY CRACKS DOWN ON WEST WING BACK CHANNELS TO TRUMP
[SOURCE: Politico, AUTHOR: Josh Dawsey]
When new White House chief of staff John Kelly huddled with senior staff on his first day at work, he outlined a key problem in President Donald Trump’s White House that he planned to fix: bad information getting into the president’s hands. Kelly told the staff that information needed to flow through him — whether on paper or in briefings — because the president would make better decisions if given good information. Kelly, a retired Marine general, faces an uphill path when it comes to his stated goal of instilling order in the White House, from aides who have directly reported to the president and don’t want to see their power curbed to President Trump’s own itchy Twitter finger. In talks with congressional leaders, friends and longtime associates, he has bluntly described how serious the problems he faces in the West Wing are, apparently.
benton.org/headlines/kelly-cracks-down-west-wing-back-channels-president-trump | Politico | Washington Post
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PRESIDENT TRUMP BORDER WALL TRANSCRIPT
[SOURCE: Washington Post, AUTHOR: Greg Miller]
President Donald Trump made building a wall along the southern US border and forcing Mexico to pay for it core pledges of his campaign. But in his first White House call with Mexico’s president, President Trump described his vow to charge Mexico as a growing political problem, pressuring the Mexican leader to stop saying publicly that his government would never pay. “You cannot say that to the press,” President Trump said repeatedly, according to a transcript of the Jan 27 call obtained by The Washington Post. President Trump made clear that he realized the funding would have to come from other sources but threatened to cut off contact if Mexican President Enrique Peña Nieto continued to make defiant statements. The funding “will work out in the formula somehow,” President Trump said, adding later that “it will come out in the wash, and that is okay.” But “if you are going to say that Mexico is not going to pay for the wall, then I do not want to meet with you guys anymore because I cannot live with that.”
benton.org/headlines/president-trump-urged-mexican-president-end-his-public-defiance-border-wall-transcript | Washington Post
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ELECTION 2016

MUELLER IMPANELS WASHINGTON GRAND JURY IN RUSSIA PROBE
[SOURCE: Wall Street Journal, AUTHOR: Del Quentin Wilber, Byron Tau]
Apparently, Special Counsel Robert Mueller has impaneled a grand jury in Washington to investigate Russia’s interference in the 2016 elections, a sign that his inquiry is growing in intensity and entering a new phase. The grand jury, which began its work in recent weeks, signals that Mueller’s inquiry will likely continue for months. Mueller is investigating Russia’s efforts to influence the 2016 election and whether President Donald Trump’s campaign or associates colluded with the Kremlin as part of that effort. Grand juries are powerful investigative tools that allow prosecutors to subpoena documents, put witnesses under oath and seek indictments, if there is evidence of a crime. Legal experts said that the decision by Mueller to impanel a grand jury suggests he believes he will need to subpoena records and take testimony from witnesses.
benton.org/headlines/special-counsel-robert-mueller-impanels-washington-grand-jury-russia-probe | Wall Street Journal | The Hill
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INTERNET/BROADBAND

DEMOCRATIC SENS PRESS FCC TO EXTEND NN COMMENT PERIOD
[SOURCE: The Hill, AUTHOR: Ali Breland]
Democrat Sens are urging the Federal Communications Commission to extend the public comment period on its proposal to scrap the network neutrality rules. Fifteen Democrats, led by Sen Ed Markey (D-MA), wrote a letter to FCC Chairman Ajit Pai. They asked that he provide more time for comments, citing the unprecedented number of comments on the rules. To date, Pai's “Restoring Internet Freedom” proposal to roll back Obama-era net neutrality measures aimed at creating a level playing field for internet companies has received more than 16 million comments, more than any other FCC item in history. The previous record happened during the FCC’s last net neutrality proceedings in 2014, in which the public filed about 4 million comments on the matter. The lawmakers also noted that the comment period for approving net neutrality in 2014 was 60 days. Chairman Pai has only allowed a 30-day comment period for his plan to rollback the rules. “This proceeding has the potential to impact all Americans and as the expert agency, you should ensure that the Commission provides ample time to ensure all voices are heard,” the senators wrote.
benton.org/headlines/democratic-sens-press-fcc-extend-net-neutrality-comment-period | Hill, The | read the letter
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URBAN BROADBAND
[SOURCE: FiveThirtyEight, AUTHOR: Clare Malone]
Lack of access to fast internet is typically thought of as a rural problem, but many of the country’s urban areas make a poor showing in the share of adults with access to fast home internet. The Bronx has only 35.3 percent access, and Manhattan fares only slightly better with 35.6 percent access; Clark County, Nevada, home to Las Vegas, has 39.1 percent access. While rural residents’ access might be hindered by their remote location, city residents who don’t have broadband often lack it because of income disparity and a dearth of basic knowledge about the internet and computers. Many urban residents, particularly older ones, haven’t been exposed to the internet or computers much in their lifetime. And without that knowledge and exposure, a person is likely to be further marginalized in economic and educational opportunities, caught in a cycle of literal and metaphorical disconnection.
benton.org/headlines/lots-people-cities-still-cant-afford-broadband | FiveThirtyEight
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TELEHEALTH

VA TELEHEALTH
[SOURCE: USAToday, AUTHOR: Heidi Przybyla]
President Donald Trump touted a new program to increase veterans' electronic access to medical care as part of a broader tele-health push at the Department of Veterans Affairs. The initiative connects veterans with health providers via mobile phones or computers, and is intended to improve medical care especially for those needing mental health and suicide prevention services, President Trump said. “It will make a tremendous difference for the veterans in rural locations in particular,” President Trump said at the White House with VA Secretary David Shulkin. The application allows veterans to schedule appointments via their smart phones. Shulkin also previewed a regulation allowing VA providers to provide tele-health services to veterans anywhere in the country.
benton.org/headlines/president-trump-touts-veterans-affairs-tele-health-program-new-appointment-scheduling | USAToday | White House Remarks | Wired
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WIRELESS/SPECTRUM

SUPPORT FOR AIRWAVES BILL
[SOURCE: Morning Consult, AUTHOR: Mariam Baksh]
Often sparring partners, the wireless industry and public interest advocates both came out in support of the AIRWAVES Act — but with very different hopes for where the legislation would lead. The bill instructs the Federal Communications Commission to auction off the government-controlled spectrum of radio frequencies used for wireless communication, with the first auction to be held by next December. The bill would allow some spectrum for exclusive, or “licensed” use, as well as some for shared, or “unlicensed” use. Public interest advocates have pushed the FCC to give more access to unlicensed users by allowing them to share spectrum with private companies who get exclusive rights to certain bands. Those with licenses argue sharing can interfere with their signals. The AIRWAVES bill, which stands for Advancing Innovation and Reinvigorating Widespread Access to Viable Electromagnetic Spectrum, leaves the matter up to the FCC.
benton.org/headlines/key-stakeholders-support-airwaves-bill-different-reasons | Morning Consult | Broadcasting&Cable
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GOVERNMENT & COMMUNICATIONS

SUPREME COURT ABOUT TO BECOME MORE TRANSPARENT
[SOURCE: Washington Post, AUTHOR: Brian Fung]
After lagging behind other courts for years, the Supreme Court is finally catching up on a key technological feature that will be a boon to researchers, lawyers and analysts of all kinds. It's moving to adopt electronic filing. The change will allow the public to access legal filings for all future cases — free of charge. Beginning Nov 13, the court will require “parties who are represented by counsel” to upload digital copies of their paper submissions. Parties representing themselves will have their filings uploaded by the court's staff. All those submissions will then be entered into an online docket for each case, and they will be accessible from the court's homepage. The move brings the Supreme Court fully into the Internet age.
benton.org/headlines/supreme-court-about-become-more-transparent-thanks-technology | Washington Post
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WH ASKED TECH GIANTS TO UPGRADE FED GVT
[SOURCE: Vox, AUTHOR: Tony Romm]
The White House has asked the likes of Apple, Amazon, Oracle and Qualcomm to lend some of their digital expertise to Washington (DC) in the coming months to help the Trump administration rethink the way that federal agencies use technology. On a private call with those and other major tech companies Aug 3, top advisers to the president, including Jared Kushner, announced the White House would be forming small “centers of excellence,” teams focused on reducing regulation while trying to get federal agencies to embrace cloud computing and make more of their data available for private-sector use, apprently. As part of those centers, Kushner and his aides with the Office of American Innovation asked the tech industry for its help — potentially through a system where leading tech engineers can do brief “tours of duty” advising the U.S. government on some of its digital challenges. For now, the effort is still early, but the huddle marks the next step for Kushner’s effort to modernize government after Trump convened the chief executives of Apple, Facebook, Google and other Silicon Valley staples at the White House in June — part of the administration’s push that month with “tech week.”
benton.org/headlines/white-house-asked-apple-google-and-other-tech-giants-help-upgrade-federal-government | Vox
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STORIES FROM ABROAD

CHINA’S INTERNET CENSORS
[SOURCE: New York Times, AUTHOR: Paul Mozur]
China has embarked on an internet campaign that signals a profound shift in the way it thinks of online censorship. For years, the China government appeared content to use methods that kept the majority of people from reading or using material it did not like, such as foreign news outlets, Facebook and Google. For the tech savvy or truly determined, experts say, China often tolerated a bit of wiggle room, leading to online users’ playing a cat-and-mouse game with censors for more than a decade. Now the authorities are targeting the very tools many people use to vault the Great Firewall. In recent days, Apple has pulled apps that offer access to such tools — called virtual private networks, or VPNs — off its China app store, while Amazon’s Chinese partner warned customers on its cloud computing service against hosting those tools on their sites. Over the past two months a number of the most popular Chinese VPNs have been shut down, while two popular sites hosting foreign television shows and movies were wiped clean. The shift — which could affect a swath of users from researchers to businesses — suggests that China is increasingly worried about the power of the internet, experts said.
benton.org/headlines/chinas-internet-censors-play-tougher-game-cat-and-mouse | New York Times
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August 2017

July 31-August 4, 2017

Weekly Digest

Senate Confirms Two FCC Nominees, Chairman Pai's Confirmation Waits

August 4, 2017 (New FCC Commissioners; Telecom Bills; FCC Meeting)

John Kelly Quickly Moves to Impose Military Discipline on White House

Justice Dept, Under Siege From Trump, Plows Ahead With His Agenda

Op-ed: Network neutrality is important, but regulating internet as utility is too high a price

Senate Confirms Two FCC Nominees

Senate Passes Six Technology and Telecommunications Bills

Op-ed: 3 big lies bank lobbyists peddle to protect corporate scoundrels

Prominent anchor Maria Elena Salinas steps down from Univision

Have Smartphones Destroyed a Generation?