Press Release

The following Agenda items have been adopted by the Commission, and deleted from the list of items scheduled for consideration at the Tuesday, September 26, 2017, Open Meeting and previously listed in the Commission’s Notice of Tuesday, September 19, 2017:

1. Cable Television Technical and Operational Standards (MB Docket No. 12-217): The Commission will consider a Report and Order that modernizes its cable television technical rules to reflect the cable industry’s use of digital transmission systems.
2. Revitalization of the AM Radio Service (MB Docket No. 13-249): The Commission will consider a Third Report and Order that will relax or eliminate certain rules pertaining to AM broadcasters employing and maintaining directional antenna arrays.

No one but Donald Trump’s pals on Wall Street wants to see this competition-killing, investment-killing and job-killing merger. There is no rational justification for T-Mobile to take over Sprint and remove yet another consumer choice from the marketplace. It’s motivated by pure greed and a desire to reach deeper into people’s wallets.

What’s obvious about the wireless market is that customers benefit most when the government has the wisdom to block such mergers. Competition driven by the smaller carriers is finally starting to pay off for consumers, but this merger would halt all that. The competition between T-Mobile and Sprint is particularly important for lower-income families who favor these carriers over AT&T and Verizon. Many people in these households rely on mobile as their only internet connection. If T-Mobile and Sprint merge, prices will spike and the digital divide will widen. The legal standard for approving giant mergers like this is not whether Wall Street likes it. Communications mergers must enhance competition and serve the public interest. This deal would do just the opposite: It would destroy competition and harm the public in numerous irreversible ways. So unless Ajit Pai wants his tenure at the FCC to go down as the worst for consumers in the agency’s 83-year history, the chairman should speak out and show us he’s willing to do more than rubber-stamp any harmful deal that crosses his desk.

Public Knowledge filed an amicus curiae brief in the case ASTM v. Public Resource. The case concerns Public Resource’s copying of model building codes and educational testing codes, which had been enacted into federal law and regulations. The standards organizations sued Public Resource for copyright infringement based on the copying of those legally-enforceable codes. The case is currently on appeal before the U.S. Court of Appeals for the District of Columbia Circuit. The case is expected to be argued next year. The amicus brief, filed on behalf of a coalition of 62 organizations, companies, former government officials, librarians, innovators, and professors of law, asks the appeals court to permit Public Resource’s copying of the text of model codes enacted into law and not find it to be a copyright infringement.

In filings about the Federal Communications Commission’s forthcoming wireless-competition report, Free Press called out FCC Chairman Ajit Pai for misrepresenting the state of broadband investment following the agency’s 2015 network neutrality ruling.

The FCC is required by statute to compile this annual report to Congress on the state of the wireless industry. The 20th annual report is the first edition to come due during Pai’s chairmanship. The report is on the docket for the FCC’s next monthly meeting, which will take place on Sept. 26. During that meeting, the commissioners will consider and then vote on adoption of the final report. Chairman Pai released the draft of this annual report earlier this month. In a recent speech at an industry conference, Chairman Pai claimed that this draft contains evidence that wireless-industry capital investment declined from 2015 to 2016. He suggested that this decline is due to the FCC’s February 2015 Title II reclassification decision and adoption of open-internet rules.

Free Press sent a letter to Pai condemning the chairman for misusing this report and “once again misleading the public” to advance his “irrational vendetta” against the Net Neutrality rules the FCC put in place during the Obama administration. “The easily verifiable truth is that wireless-industry investments peaked in 2013, as carriers completed the bulk of 4G LTE deployments,” the Free Press letter reads. “Both that peak, and the ongoing decline from it, predate the entire proceeding that led to the 2015 reclassification of broadband as a lightly regulated Title II service. What’s more, this is by no means the only years-long downturn for the wireless sector: Such periods of slower spending are natural — and, in the recent past, have likewise occurred outside of recessions.” The Free Press letter includes detailed analysis that proves that this fluctuating trend is part of a larger pattern of investment that has nothing to do with the rules the FCC adopted to prevent internet-access providers from blocking, throttling or otherwise discriminating against the online communications of internet users. The letter also notes that many previous agency reports on wireless competition specifically caution against misinterpretation of short-term investment data. Yet the draft of Pai’s report provides no such historical context — and no warnings about investment patterns.

Federal Communications Commission Commissioner Michael O’Rielly has hired Brooke Ericson as chief of staff, press contact and media advisor in his office. Ericson intends to begin work on October 2, 2017.

Ericson is currently employed as Deputy Chief of Staff for Senator Ron Johnson (R-WI) with responsibility for Senator Johnson’s communications work on the Senate Commerce Committee. She will be replacing Robin Colwell, who previously departed for a position on the House of Representatives’ Commerce Committee.

Federal Communications Commission Commissioner Mignon Clyburn appointed Louis Peraertz as Senior Legal Advisor covering wireless, international and public safety issues, and the departure of Daudeline Meme, who has served as the Commissioner’s wireless, international and public safety Legal Advisor since March 2016.

Prior to his tenure in Commissioner Clyburn’s office, Mr. Peraertz served as a Special Counsel in the FCC’s Wireless Telecommunications Bureau and Office of General Counsel. Before joining the Commission, he worked for several years as an appellate litigator in the Civil Rights Division for the U.S. Department of Justice. He began his professional career as an officer in the U.S. Army Judge Advocate General’s Corps and is a graduate of Princeton University and Harvard Law School.

The National Hispanic Media Coalition filed a joint Motion, with 20 additional organizations, in the Federal Communications Commission’s Restoring Internet Freedom proceeding asking the FCC to enter into the record all open internet complaints, ombudsperson correspondence, and carrier responses since the 2015 Open Internet Order, and set a comment period to allow for public input on the new evidence. NHMC initially asked for all related documents in May and, as of this writing, has not received any of the attachments to the ombudsperson emails and has received only 823 pages of the 18,000 carrier responses to consumer complaints about issues they experienced.

The Trump administration, the Federal Communications Commission, Congress and greedy companies are attacking people’s rights to connect and communicate so relentlessly that staying on top of everything that’s happening can feel like an impossible task. That’s why we’ve put together this handy list of five of the biggest threats people are facing:

1) The FCC’s scheme to kill Net Neutrality
2) Anti-Net Neutrality legislation
3) Mega media mergers
4) Local news crisis
5) Lies, lies and more lies: The proliferation of fake news — which Trump embraces — is making it hard to get the truth out about these attacks on our rights to connect and communicate, what’s at stake and what we can do about it.

Once again we will read headlines trumpeting faults in the Federal Communications Commission’s Lifeline program that do not match the realities of the day. Despite significant reforms made under the previous administration and no new evidence of waste, fraud, or abuse, the Lifeline program continues to be under attack while our nation’s most vulnerable remain on the wrong side of the digital and opportunities divide. I am especially disappointed by the current FCC majority and those who repeatedly reject real reform efforts. This administration refuses to allow new broadband providers into the Lifeline program, which will deepen and cement the digital divide while omitting the fact that the Lifeline program has one of the lowest improper payment rates of all government subsidy programs.

Continuing to vilify our nation’s only means-tested universal service program and remaining on the sidelines while communities and their residents do without connectivity, is a dereliction of the oath we were sworn to uphold. I, for one, remain committed to working with those who wish to improve the only FCC program that directly tackles the challenge of affordability in communications. Going forward, it is my sincere hope that those who are empowered to help those in need, will offer solutions, not attacks, so that we may enable all of our citizens to participate in a 21st century digital economy.

The Government Accountability Office was asked to review Federal Communications Commission’s management of its enforcement program. In this report, GAO addresses: (1) actions FCC has taken in the last 5 years to update its enforcement program, (2) FCC’s enforcement performance goals and measures, and (3) selected stakeholders’ views on FCC’s enforcement program and external communications.

GAO reviewed FCC’s enforcement policies and procedures; analyzed FCC’s performance measures and spoke with officials of similarly sized independent agencies with enforcement missions; and interviewed FCC officials and 22 stakeholders from public and private organizations who were knowledgeable of the Enforcement Bureau and the communications industry. The GAO Recommends: FCC should establish and publish: (1) quantifiable performance goals and related measures for its enforcement program; and (2) a communications strategy outlining its enforcement program for external stakeholders. FCC concurred with the recommendations.