press release

The Federal Trade Commission is mailing refund checks totaling nearly $20 million to more than 617,000 T-Mobile customers who had third-party charges added to their mobile bills. These refunds are the result of a 2014 settlement with T-Mobile, which also involved all 50 states and the District of Columbia, as well as the Federal Communications Commission.

As part of the settlement, T-Mobile agreed to fully refund unwanted third-party charges to its customers who applied for a refund. The company also agreed to remit to the FTC any remaining funds up to $90 million that were not distributed under the order. The FTC is using the remaining settlement money to send checks to customers who had third-party charges placed on their bills but did not participate in T-Mobile’s refund program. The average check amount is $32. Recipients should deposit or cash checks within 60 days.

Federal Communications Commission Chairman Ajit Pai announced the formation of a new federal advisory committee to explore ways to accelerate deployment of high-speed Internet access (or “broadband”) nationwide and to close the digital divide. The Committee will focus on developing specific recommendations on how the FCC can encourage broadband deployment across America.

“The BDAC’s mission will be to identify regulatory barriers to infrastructure investment and to make recommendations to the Commission on reducing and/or removing them,” said Chairman Pai. Issues the Committee will tackle include further reforms to the FCC’s pole attachment rules; identifying unreasonable regulatory barriers to broadband deployment; ways to encourage local governments to adopt deployment-friendly policies; and other reforms within the scope of the Commission’s authority. In particular, one of the Committee’s first tasks will be drafting a model code covering local franchising, zoning, permitting, and rights-of-way regulations. Many localities may not currently have or be able to develop policies conducive to deployment. With a model code approved by the FCC, any city could build a better regulatory environment for deployment, and any provider would have a better case for installing infrastructure. Nominees for the newly formed Broadband Deployment Advisory Committee will be drawn from a diverse set of stakeholders to address specific regulatory barriers to broadband deployment in both urban and rural areas. Representatives of consumers and community groups, the communications industry, and federal, state, local, and Tribal officials are encouraged to apply. The FCC will accept nominations until February 15, 2017. The Commission expects to hold its first meeting of the new Committee during the spring of 2017.

Sens Angus King (I-ME), Shelley Moore Capito (R-WV), Heidi Heitkamp (D-ND), John Boozman (R-AR), and Amy Klobuchar (D-MN), the co-chairs of the Senate Broadband Caucus, led 48 senators in urging President Donald Trump to include broadband in any infrastructure initiative he puts forward.

They wrote, "As you work with Congress to address the infrastructure needs of our country, we urge you to prioritize policies as part of any infrastructure initiative that will promote deployment of high-speed, reliable broadband for all Americans. Expanding access to broadband, both rural and urban, is the infrastructure challenge of our generation and we cannot afford to wait to make progress on this important goal...A broad agenda to promote broadband access will empower Americans living in every community – from urban city centers to rural towns – with economic opportunities that will jumpstart growth in jobs and wages....This effort should include bringing broadband connections to locations where economic conditions or geography have made deployment difficult and improving the quality and affordability of existing broadband connections."

A bipartisan coalition of 71 Reps sent a letter to President Donald Trump urging him to include investments in rural broadband connectivity in his forthcoming infrastructure proposal. The lawmakers highlighted the importance of broadband connectivity in attracting and retaining businesses, communication between family and friends, timely responses to an emergency response, agricultural efficiency, and access to educational materials. The letter was led by Reps Peter Welch (D-VT), Adam Kinzinger (R-IL), Mark Pocan (D-WI), Kevin Cramer (R-ND), Dave Loebsack (D-IA), and Bob Latta (R-OH). The bipartisan Senate Broadband Caucus sent a similar letter.

The Reps wrote, “In the 21st Century, high speed internet access is no longer a luxury amenity, but rather an essential service for homes and businesses in this interconnected world. Unfortunately, rural Americans in our districts lack sufficient broadband infrastructure to take advantage of this explosion of technology and economic possibility…. As you consider the parameters of your infrastructure proposal to Congress, we write to urge you to include investments that will bring the benefits of broadband connectivity to rural America.”

The Federal Communications Commission eliminated two public inspection file rules. These rules currently require: (1) commercial television and radio broadcast stations to retain, and make available to the public, copies of correspondence from viewers and listeners; and (2) cable operators to maintain and allow public inspection of the location of a cable system’s principal headend.

The action furthers the Commission’s progress in modernizing its public inspection file rules. The elimination of these rules will reduce regulatory burdens on commercial broadcasters and cable operators without adversely affecting the general public. Removing these requirements also will enable broadcasters and cable operators to make their entire public inspection file available online and permit them to cease maintaining local public files.

Trade associations representing virtually all of the leading US internet service providers (ISPs) filed a petition asking the Federal Communications Commission to stay broadband privacy rules recently adopted by the FCC, while at the same time releasing detailed and comprehensive principles reiterating ISPs’ commitment to protecting their customers’ privacy online. The stay filed by CTIA, NCTA – The Internet & Television Association, USTelecom, ACA, CTA, CCA, ITTA, NTCA – The Rural Broadband Association, WISPA, and WTA asks the FCC to halt privacy rules while it resolves multiple pending motions for their reconsideration. If granted, the combination of the ISPs’ privacy principles and applicable laws would protect consumers’ privacy without subjecting them to flawed and confusing regulations that would undermine the safe and consistent treatment of their data online.

The ISP privacy principles are:

• Transparency. ISPs will continue to provide their broadband customers with a clear, comprehensible, accurate, and continuously-available privacy notice that describes the customer information we collect, how we will use that information, and when we will share that information with third parties.
• Consumer Choice. ISPs will continue to give broadband customers easy-to-understand privacy choices based on the sensitivity of their personal data and how it will be used or disclosed, consistent with the FTC’s privacy framework. In particular, ISPs will continue to: (i) follow the FTC’s guidance regarding opt-in consent for the use and sharing of sensitive information as defined by the FTC; (ii) offer an opt-out choice to use non-sensitive customer information for personalized third-party marketing; and (iii) rely on implied consent to use customer information in activities like service fulfillment and support, fraud prevention, market research, product development, network management and security, compliance with law, and first-party marketing. This is the same flexible choice approach used across the Internet ecosystem and is very familiar to consumers.
• Data Security. ISPs will continue to take reasonable measures to protect customer information we collect from unauthorized use, disclosure, or access. Consistent with the FTC’s framework, precedent, and guidance, these measures will take into account the nature and scope of the ISP’s activities, the sensitivity of the data, the size of the ISP, and technical feasibility.
• Data Breach Notifications. ISPs will continue to notify consumers of data breaches as appropriate, including complying with all applicable state data breach laws, which contain robust requirements to notify affected customers, regulators, law enforcement, and others, without unreasonable delay, when an unauthorized person acquires the customers’ sensitive personal information as defined in these laws.

In its first action under Chairman Ajit Pai, the Federal Communications Commission voted to provide up to $170 million from the Connect America Fund to expand broadband deployment in unserved rural areas of New York State. The $170 million in federal funding will be coupled with at least $200 million in state funding and private investment to jump-start broadband deployment and close the digital divide in these unserved areas more quickly.

This partnership with the state program will also result in more efficient and effective use of both state and federal funding. The Order adopted by the FCC today will authorize Connect America Phase II support in areas where applicants are selected through New York’s competitive New NY Broadband Program, subject to specified conditions to ensure broad participation and ongoing oversight. The funding that will be made available was declined by Verizon in 2015.

President Donald Trump has designated Maureen K. Ohlhausen as Acting Chairman of the Federal Trade Commission by a White House order. Ohlhausen was sworn in as a Commissioner of the Federal Trade Commission on April 4, 2012, to a term that expires in September 2018.

Prior to joining the Commission, Ohlhausen was a partner at Wilkinson Barker Knauer, LLP, where she headed the firm’s FTC practice focusing on privacy, data protection, and cybersecurity matters. Ohlhausen previously served at the FTC for 11 years, most recently as Director of the Office of Policy Planning from 2004 to 2008, where she led the FTC's Internet Access Task Force. She was also Deputy Director of that office. From 1998 to 2001, Ohlhausen was an attorney advisor for former FTC Commissioner Orson Swindle, advising him on competition and consumer protection matters. She started at the FTC General Counsel’s Office in 1997.

The Broadcasting Board of Governors (BBG) announced the unanimous election of Kenneth Weinstein, who has served as a Board Member since October 2013, to the position of Acting Board Chairman, effective immediately. Weinstein takes over the position from Jeff Shell, who served as Chairman of the Board since August 2013. Shell, the Chairman of Universal Filmed Entertainment Group, will continue to serve as a Board Member.

Kenneth R. Weinstein is President and Chief Executive Officer of Hudson Institute, a think tank focused on promoting American leadership and global engagement for a secure, free, and prosperous future. He has been decorated with a knighthood in Arts and Letters by the French Ministry of Culture and Communication as a Chevalier dans l’Ordre des Arts et des Lettres. Weinstein previously served by presidential appointment and Senate confirmation on the National Humanities Council, the governing body of the National Endowment for the Humanities. Weinstein graduated from The University of Chicago (B.A. in General Studies in the Humanities), the Institut d’Etudes Politiques de Paris (D.E.A. in Soviet and Eastern European Studies), and Harvard University (Ph.D. in Government).

New America is pleased to announce the appointment of former White House Domestic Policy Council Director Cecilia Muñoz to direct a major new initiative in public interest technology and to lead the New America National Network, starting April 1, 2017. The emerging field of public interest technology allows professionals to use their technology expertise in service of the common good. But opportunities to deploy these skills across sectors remain rare, and the career path is often uncertain. With a major five-year grant from the Ford Foundation and Reid Hoffman, New America seeks to become a unifying hub for these professionals. The initiative—which is expected to grow with additional funders—will apply research, fellowships, interdisciplinary programming, and encourage cross-sector collaboration among different civic organizations, the private sector, and academic institutions. Muñoz will serve as Vice President for Policy and Technology and Director of the New America National Network. New America is building hubs across the country, beginning with New York, California, and Chicago, to support, connect, and publicize successful efforts to tackle important public problems from the bottom up.