August 2017

House Commerce Committee Ranking Democratic Reps are demanding answers from the Federal Communications Commission about its “favorable treatment” of Sinclair Broadcast Group, which has been cashing in on a series of agency moves that are easing restrictions on its control of local television stations. In a 12-page letter sent to Republican FCC Chairman Ajit Pai on Aug 14, Reps Frank Pallone Jr. (D-NJ), Mike Doyle (D-PA) and Diana DeGette (D-CO) seized on multiple media reports detailing how the agency has been delivering on Sinclair’s deregulatory wish list. “We hope this letter will serve as an opportunity to respond to reports suggesting you have failed to exercise adequate independence as FCC Chairman and that may have resulted in the agency giving unusual and possibly preferential treatment to Sinclair," the three Democrats wrote. They asked Pai to come forward with more information about his office’s contacts with the White House and Sinclair on proceedings related to the broadcaster. They want any correspondence between Pai's office and Sinclair, including any lobbyists or lawyers, and whether Sinclair requested a short time frame.

[Commentary] Today, US technology companies adhere to a wide array of requirements from repressive governments that undermine Internet freedom and privacy. These demands violate international law, including the right to freedom of expression. But the enormous benefits of market access outweigh the relatively low costs associated with accepting repressive governments’ demands.

Undoubtedly, there are circumstances in which requests for information or access to accounts are reasonable, such as when investigating terrorism and major crimes. But the misuse and abuse of this power by authoritarian governments are routine. Unless the U.S. government stands in support of companies that refuse to comply with wrongful requirements, authoritarian regimes will feel emboldened to make ever-increasing and unreasonable demands. And while U.S. technology companies should be able to invest in Internet-restricting countries, if their choices directly facilitate the persecution of these governments’ political opponents, then they should bear the costs.

[Jared Genser is an international human rights lawyer based in Washington.]

On June 14, 2017, NTCA – The Rural Broadband Association (NTCA) and the United States Telecom Association (USTelecom) filed a joint petition pursuant to Section 10 of the Communications Act of 1934, as amended, requesting that the Commission temporarily forbear from application of universal service fund (USF) contribution requirements with respect to broadband Internet access transmission services provided by RLECs, whether tariffed or offered on a de-tariffed basis. The petition asks that the Commission forbear “until such a time as the Commission reaches a decision on whether any and all broadband services...should be required to contribute to support of federal USF programs or completes some other form of contributions reform.” Interested parties may file comments or oppositions to the NTCA and USTelecom Petition on or before September 13, 2017 and reply comments on or before September 28, 2017.