Daily Digest 11/28/2018 (Sinclair Challenge)

Benton Foundation
Table of Contents

Television

ACA Files Petition Seeking Early Renewal Of Sinclair Television Licenses  |  Read below  |  Press Release  |  American Cable Association
Benton Joins Call for Public Scrutiny of Sinclair  |  Read below  |  Andrew Jay Schwartzman  |  Press Release  |  Benton Foundation
Sinclair Forces Local Stations to Air ‘Must-Run’ Segment Defending Tear-Gassing Migrants  |  Wrap, The
FCC proposal threatens Arlington (MA) community TV  |  Read below  |  Eli Sherman  |  Arlington Advocate
Comcast raises cable TV bills again—even if you’re under contract  |  Ars Technica
The top 10 most expensive cable affiliate fees in the US last year were all sports channels  |  Axios

Diversity

American Indian Media Today  |  Read below  |  Jodi Rave  |  Analysis  |  Democracy Fund

Broadband/Telecom

Internet Access Services: Status as of June 30, 2017  |  Read below  |  Research  |  Federal Communications Commission
Sen Manchin submits challenge to FCC broadband map  |  Read below  |  West Virginia MetroNews
Chairman Pai, don’t cut off the Lifeline to your home state  |  Read below  |  Barbara Lach  |  Op-Ed  |  Kansas City Star
FCC Announces Lifeline National Verifier Launch in MO, NC, PA, and TN  |  Federal Communications Commission
Top US ISPs Expand Gigabit Internet Availability To 49 States  |  S&P Global
Creative Funding Sources For Fiber Infrastructure  |  Institute for Local Self-Reliance
Centennial completes construction of 1-gigabit-per-second fiber network  |  Denver Post
Internet activists and others prepare for final online protest ahead of net neutrality CRA deadline  |  Fight for the Future
Voice Telephone Services: Status as of June 30, 2017  |  Federal Communications Commission

Wireless/Mobility

Ericsson Mobility Report  |  Ericsson
Open Signal Study: Mobile broadband is faster than Wi-Fi in 33 countries  |  Vox
Op-ed: 2019 Is The Year Nano-Satellites Will Deliver Internet Access To All  |  Forbes
Sprint and HTC are partnering to make a 5G device for 2019  |  Vox

Content

Misinformation bots are smarter than we thought  |  Read below  |  Sara Fischer  |  Axios
More than half of internet traffic is bots  |  Axios
Nilay Patel: Republicans keep misunderstanding the law that protects internet platforms  |  Ars Technica
Editorial: The New Radicalization of the Internet  |  New York Times
Conservative commentator Jesse Kelly is back on Twitter after controversial suspension  |  Hill, The

Labor

Google employees go public to protest China search engine Dragonfly  |  Read below  |  Hamza Shaban  |  Washington Post
Ex-Facebook manager: black staffers face discrimination and exclusion  |  Guardian, The

Health

Farhad Manjoo: How to Survive the Next Era of Tech (Slow Down and Be Mindful)  |  New York Times

Government & Communications

President Trump’s ‘worldwide network’ is a great idea. But it already exists.  |  Read below  |  Amanda Bennett  |  Op-Ed  |  Washington Post
CNN airs fact-check graphics during Sarah Huckabee Sanders White House press briefing  |  Hill, The
‘Fox & Friends’ Fed Interview Script to former EPA Chief Scott Pruitt, Emails Show  |  Daily Beast

FTC Reform

FTC Chairman Simons: We Need Rulemaking Authority  |  Read below  |  John Eggerton  |  Broadcasting&Cable
Analysis: Can FTC consent orders effectively police privacy?  |  International Association of Privacy Professionals
The Federal Trade Commission will safeguard privacy in name only  |  Read below  |  Tom Wheeler  |  Analysis  |  Brookings

Policymakers

Senator-Elect Josh Hawley (R-MO) could be Google’s fiercest critic  |  Read below  |  Timothy Lee  |  Ars Technica
Government-subsidized internet crosses political boundaries in Southwest Virginia  |  Read below  |  Jacob Demmitt  |  Roanoke Times
Rep Ro Khanna (D-CA) talks tech regulation  |  Read below  |  Makena Kelly  |  Vox
Senate Commerce Chairman Thune Names New Committee Deputy Staff Director  |  Read below  |  Press Release  |  US Senate Commerce Committee

Stories From Abroad

A Hot Seat for Facebook, an Empty Chair for Zuckerberg and a Vow to Share Secret Files  |  Read below  |  Adam Satariano  |  New York Times, Wall Street Journal, Washington Post, Hill, The
New report suggests Latin America will lag in internet growth  |  Read below  |  Sara Fischer  |  Axios
European consumer groups want regulators to act against Google tracking  |  Read below  |  Foo Yun Chee  |  Reuters
Facebook Knew Russia Was Harvesting Data in 2014, UK Lawmaker Says  |  Bloomberg
Everything you need to know about Facebook's UK Drama  |  Wired
President Trump threatens more China tariffs, including 25% on the iPhone and Apple laptops  |  Wall Street Journal
British and Dutch regulators fine Uber for 2016 data hack  |  Reuters

Company News

Facebook to meet with Color of Change -- one of the groups it targeted with Soros opposition research  |  Vox
Disney Consolidates Ad-Serving With Google, Ends Relationship With Comcast’s Freewheel  |  Wall Street Journal
Two International Cybercriminal Rings Dismantled and Eight Defendants Indicted for Causing Tens of Millions of Dollars in Losses  |  Department of Justice
Today's Top Stories

Television

ACA Files Petition Seeking Early Renewal Of Sinclair Television Licenses

Press Release  |  American Cable Association

The American Cable Association filed a petition with the Federal Communications Commission requesting that the agency require Sinclair Broadcast Group to file early renewal applications for four of its stations [WJLA (ABC, Washington, DC), WBFF (Fox, Baltimore, MD), WSET (ABC, Lynchburg, VA), and WTVZ (MyTVZ, Norfolk, VA)].

Earlier in 2018, the FCC designated an administrative law judge to determine whether Sinclair engaged in misrepresentation or a lack of candor when it attempted to acquire stations from Tribune. More specifically, the FCC found “substantial and material questions of fact” regarding whether Sinclair had lied about being the “real party in interest” in three stations that it proposed to divest.

Misrepresentation and lack of candor rank among the most serious violations a licensee can commit. A party that engages in such conduct can be found to lack the basic character qualifications to hold any FCC licenses. Yet the charges levied against Sinclair have never been resolved because Sinclair itself withdrew its application, and the administrative law judge has yet to take up the designation.

Sinclair’s next license renewals occur in 2020. Thus, in the ordinary course, the FCC would have no opportunity to address the concerns it raised in the Sinclair-Tribune proceeding for nearly two years. The delay would harm the public should the FCC ultimately conclude that Sinclair was unsuitable to hold licenses all along by allowing an unqualified licensee to operate for several additional years. And it would harm Sinclair should the FCC ultimately conclude otherwise by leaving a cloud of uncertainty over the company.

Fortunately, the FCC’s rules permit it to “direct” a broadcast licensee to file its renewal early where, as here, “serious charges are made against a multiple station owner some of whose license terms have not expired.”

Benton Joins Call for Public Scrutiny of Sinclair

Andrew Jay Schwartzman  |  Press Release  |  Benton Foundation

The FCC ruled that there are substantial and material questions as to whether Sinclair is qualified to be a broadcast licensee. There is only one way to resolve these questions in a transparent manner that allows public participation: a hearing on the renewal of Sinclair’s broadcast television licenses.

It is impossible to overstate the importance of maintaining public confidence in the FCC’s administration of broadcast license renewals. Because of Sinclair’s size and broad national footprint, there is an especially compelling public interest that the FCC employ a prompt and highly transparent process to adjudicate the company’s qualifications to remain a licensee. Sinclair has been given exclusive access to scarce publicly-owned spectrum, essentially free of charge, conditioned on its agreement to place the public’s interest ahead of its own pecuniary interests. Sinclair is, quite literally, an integral part of the electoral process, charged with making sure it provides non-discriminatory access to candidates for public office and that it charges them no more than the price paid by its best advertising customers.

The viewing public and Sinclair’s competitors incur harm every day that an unqualified party is allowed to continue operating a broadcast station. 

FCC proposal threatens Arlington (MA) community TV

Eli Sherman  |  Arlington Advocate

The Federal Communications Commission is moving toward adopting a new rule that community television groups say would gut funding for public, educational and governmental channels. “The loser if that ends up happening will be the local taxpayer, the local cable subscriber and the everyday citizens who rely on access to public information that’s provided through these programs,” said Geoffrey C. Beckwith, executive director and CEO of the Massachusetts Municipal Association. The proposed rule, moving quickly toward regulatory approval, would allow major cable companies, such as Verizon Fios, Comcast Xfinity and RCN, to limit the amount of spending for community programming that has been negotiated as part of their licensing agreements with cities and towns. The FCC accepted public comments on the rule change until Nov. 14, but there is a 30-day period for the public to reply to comments already made, which ends Dec 14. “This is a textbook case of massive corporations using their power and their influence to try and lower their obligations and maximize their profits,” Beckwith said.

Diversity

American Indian Media Today

Jodi Rave  |  Analysis  |  Democracy Fund

Through a series of interviews with Native media practitioners and experts, Jodi Rave of the Indigenous Media Freedom Alliance reports on the major trends and challenges for American Indian media today:

  • Like other media sectors, Native print media has had a significant downturn. In 1998, there were some 700 media sources serving Indian Country, today there are about 200 media sources ranging from tribe-owned newspapers to freelancers.
  • Radio is a bright spot for Native media. Radio stations serving American Indian listeners have increased from 30 to 59 during the last 20 years.
  • Prospective Native journalists face challenges in building careers with a dearth of degree programs in journalism at tribal college and universities.
  • Press freedom for tribe-owned media is a key challenge faced by Native American media. Tribal governments remain the largest media owners and control an estimated 72 percent of newspapers and radio stations.

The study also found tribal government ownership of media outlets created conflicts of interest and “unique press freedom challenges” for journalists. Those challenges include a lack of openness and intimidation when covering tribal issues. Collaboration between mainstream newspaper reporters and Native journalists, the creation of fellowships for Native journalists and engagement across communities related to freedom of the press were some of the recommendations offered to strengthen the state of Native American media outlets.

Broadband/Telecom

Internet Access Services: Status as of June 30, 2017

This report summarizes information about Internet access connections in the United States as of June 30, 2017 as collected by FCC Form 477. For purposes of this report, Internet access connections are those in service, over 200 kilobits per second (kbps) in at least one direction, and reported to the FCC through Form 477. Total Internet connections increased by about 3% between June 2016 and June 2017 to 409 million. Mobile Internet connections increased about 4% year-over-year to 303 million in June 2017, while fixed connections grew to 106 million – up about 2% from June 2016.

Sen Manchin submits challenge to FCC broadband map

Sen. Joe Manchin (D-WV) submitted a formal challenge to the Federal Communications Commission's Mobility Fund Phase II initial eligible areas map, the only lawmaker to do so. He argued the map does not accurately show broadband coverage in West Virginia. “Rural areas were getting screwed, and all of West Virginia was getting screwed because these big-time carriers were showing, ‘Oh, this is our area. We’ve got it taken care of, don’t worry,'” he said. “They’re only going to go into areas where they know that they’re going to have a return on an investment. It’s no different than electricity back in the 1930s.”

Chairman Pai, don’t cut off the Lifeline to your home state

Barbara Lach  |  Op-Ed  |  Kansas City Star

A new proposal spearheaded by Federal Communications Commission Chairman Ajit Pai aims to eliminate the ability of certain carriers to provide Lifeline services, disproportionately affecting rural areas. Kansas would be hit hard by the harsh new Lifeline rules. It is estimated that about 70 percent of the state’s 45,131 Lifeline households would lose service, including veterans and seniors. While Chairman Pai has been on media tours in recent months touting how the FCC is closing the “digital divide,” the truth is that his Lifeline plan would make things much worse for low-income Kansas households.

Chairman Pai justifies his Lifeline curbs by arguing they are needed to deal with “waste, fraud and abuse” and to rein in “unscrupulous actors.” But what we would like to know is this: Have there been any problems with Lifeline in Kansas? Our message to the FCC chairman is simple: If there’s a problem with the Lifeline program in Kansas, let’s fix it. But if, as we suspect, Lifeline abuses are not present in Kansas and the program is a true lifeline for millions of Americans, let’s not declare war on Kansas veterans and seniors by cutting off their cell phones and broadband service. As a son of Kansas, Pai is in a position to do a lot of good for his adopted home state. If not, let’s hope he at least chooses to do no harm.

[Barbara Lach is vice president of the board of Connecting For Good, a Kansas City-based 501(c)(3) nonprofit working to provide computer skills and internet access to low-income communities.]

Content

Misinformation bots are smarter than we thought

Sara Fischer  |  Axios

Bots spreading misinformation are using more sophisticated techniques, like going after specific human influencers and targeting misleading information within the first few seconds of it being posted, according to new studies.

  1. Focus on speed: Bots amplify questionable content in the early spreading moments before it goes viral, like the first few seconds after an article is first published on Twitter.
  2. Using specific targets: Bots increase exposure to negative and inflammatory content on social media in part by targeting specific people.
  3. Elevating human content: Bots aim to exploit human-generated content, because it is more prone to polarization.
  4. Targeting original posts, not replies: Bots spread low-credibility content that is created through an initial tweet or posting.

Labor

Google employees go public to protest China search engine Dragonfly

Hamza Shaban  |  Washington Post

More than 30 Google employees have joined a petition protesting the company’s plans to build a search engine that complies with China’s online censorship regime. An employee-led backlash against the project has been churning for months at the company, but Nov 27’s petition marks the first time workers at Google have used their names in a public document objecting to the plans. The existence of the project, code-named Dragonfly, was confirmed by chief executive Sundar Pichai in Oct. While China has long blocked search queries for what it has deemed politically sensitive material, Pichai said Google could still help Chinese Internet users find other information, such as health treatments, or steer them away from scams. But the project has drawn critics, who question Google’s corporate values and have raised concerns about the consequences of tech companies cooperating with authoritarian governments.

Government & Communications

President Trump’s ‘worldwide network’ is a great idea. But it already exists.

Amanda Bennett  |  Op-Ed  |  Washington Post

“Something has to be done,” President Donald Trump tweeted Nov 26. Frustrated by CNN, with which he has an ongoing beef, President Trump suggested that the United States create its own “worldwide network to show the World the way we really are — GREAT!” Despite the proposal’s origin in conflict with the press, it’s a really good idea. So good, in fact, that under another president’s watch — Franklin D. Roosevelt in 1942 — it happened. Seventy-six years ago, the world was a dark place. The radio broadcast that eventually became Voice of America was created to give people trapped behind Nazi lines accurate, truthful news about the war, in contrast with Nazi propaganda.

So what is Voice of America? From that single World War II radio broadcast we grew into a multimedia global television, radio and digital network. We broadcast in 46 languages to more than 60 countries. Just-released figures show it grew 16 percent in 2017 to 275.2 million weekly viewers, listeners and users. Yet what is most important isn’t the size of our audience. It’s their trust: Eighty-five percent of our global audience say they trust us. Why? We think our credibility is rooted in the interpretation of the second half of Trump’s proposal. We, too, think our job is to show our country as it really is — through journalism based on fact. We export the First Amendment. For a big chunk of the world, we are the free press. For more than three-quarters of a century, we’ve worked to deserve that role.

[Amanda Bennett is director of Voice of America.]

FTC Reform

FTC Chairman Simons: We Need Rulemaking Authority

John Eggerton  |  Broadcasting&Cable

Federal Trade Commission Chairman Joseph Simons told the Senate Consumer Protection Subcommittee at an FTC oversight hearing that the FTC needs three things to protect consumer privacy: 1) rulemaking authority; 2) civil penalty authority—currently it can only try and make consumers whole for losses, not penalize the conduct responsible; and 3) jurisdiction over nonprofits and common carriers. Currently, the FTC has to sue or settle with alleged violators, then monitor enforcement of the settlements it secures. Chairman Simons also said Congress needed to come up with legislation on collection, use and sharing of data that still fosters competition and innovation, legislation that the FTC would enforce.

Also at the hearing, subcommittee Chairman Jerry Moran (R-KS) opened by saying he wanted an update on its investigation of Facebook over the Cambridge Analytica info sharing issue, including when that investigation might wrap up and what penalties the social media giant might face. Chairman Moran has been working with Ranking Member Richard Blumenthal (D-CT) on a bipartisan privacy bill to give the FTC more teeth and he said at the hearing he hoped that would be getting traction soon. Ranking Member Blumenthal also said "Big Tech" may no longer be entitled to be as big as it is, he added ominously, pointing out that misuse of market power can violate antitrust laws. He said Facebook and Google can't be allowed to police themselves, and that it was time to end "this cycle of impugnity." He said, at a minimum, privacy legislation should be as tough as California's privacy law and Europe's privacy framework. 

The Federal Trade Commission will safeguard privacy in name only

Tom Wheeler  |  Analysis  |  Brookings

If the American people and Congress are looking to the Federal Trade Commission (FTC) for leadership in the protection of personal privacy, they should prepare for disappointment. In a recent filing with the Commerce Department’s National Telecommunications and Information Administration, the FTC walked away from giving consumers meaningful control of their private information. The bromides they espoused sound remarkably similar to the arguments of the companies that routinely exploit our privacy. The FTC followed the typical Trump Administration tactic of sounding like it stands for something before ultimately standing down. “Giving consumers the ability to exercise meaningful control over the collection and use of data about them is beneficial,” the filing states before ending the sentence with the gutting qualifier, “in some cases.” The agency that so many in Congress look to as the institution to protect consumer privacy then warned, “certain controls can be costly to implement and may have unintended consequences.”

[Tom Wheeler is a visiting fellow in Governance Studies at Brookings. He was Chairman of the Federal Communication Commission from 2013 to 2017.]

Policymakers

Senator-Elect Josh Hawley (R-MO) could be Google’s fiercest critic

Timothy Lee  |  Ars Technica

Missouri Attorney General Josh Hawley's victory over Sen Claire McCaskill (D-MO) is an ominous sign for one company in particular: Google. Hawley campaigned as an antagonist to big technology companies in general and Google in particular. In 2017, as MO's attorney general, Hawley launched a wide-ranging investigation into Google's business practices. "There is strong reason to believe that Google has not been acting with the best interest of Missourians in mind," Hawley said in a Nov 2017 statement. "When a company has access to as much consumer information as Google does, it's my duty to ensure they are using it appropriately. I will not let Missouri consumers and businesses be exploited by industry giants." In addition to exploring privacy concerns, Hawley also vowed to dig into potentially anti-competitive behavior—including "Google's alleged manipulation of search results to preference websites owned by Google and to demote websites that compete with Google."

Government-subsidized internet crosses political boundaries in Southwest Virginia

Jacob Demmitt  |  Roanoke Times

Joe McNamara is heading to the Virginia House of Delegates with the promises of a red-blooded Republican, from reining in spending to avoiding tax increases. But the former Roanoke County supervisor is also a supporter of municipal broadband, where taxpayer funds are used to subsidize a government-owned internet service provider that competes directly with private companies like Comcast and Verizon. “It’s definitely, definitely something that whether you’re a Republican, Democrat, independent it really makes no difference,” McNamara said. “Everybody kind of has coalesced behind the need really to view broadband as another utility.”

Rep Ro Khanna (D-CA) talks tech regulation

Makena Kelly  |  Vox

A Q&A with Rep Ro Khanna (D-CA), who represents the CA district that houses the Apple and Google campuses and who has put forth a set of principles called the "Internet Bill of Rights".

When asked, "What should people expect from tech policy, from privacy, from net neutrality legislation? How should people expect the new Congress to handle these issues?" Rep Khanna said, "Well, they should expect action. There was no action taken in the last Congress after massive breaches of people’s data, whether that was Equifax or Facebook or, more recently, Google. People want to have some assurance that their privacy, their data is going to be protected. This stuff isn’t rocket science. We know what we need. We need a basic protection for people having access to their data and knowing where their data is. They should be notified if there is a breach. They should be able to move their data. I expect that [the House of Representatives’ Commerce Committee] will take this up, and we should get something passed within six months, at least, through that committee. Rep Jan Schakowsky (D-IL) already has a bill that has some of these principles in it. And I think if we can’t deliver, we should consider changing the leadership of that committee. But the committee needs to deliver."

Senate Commerce Chairman Thune Names New Committee Deputy Staff Director

Press Release  |  US Senate Commerce Committee

Senate Commerce Committee Chairman John Thune (R-SD) announced the promotion of Crystal Tully, who previously served as policy director and counsel for communications and technology, to deputy staff director of the full Commerce Committee. “As we head into the closing days of the current congress, I’ve asked Crystal to play a larger role in helping us finish strong and laying groundwork for the committee’s next chapter,” said Chairman Thune. “With passage of the MOBILE NOW Act and other telecommunications legislation, as well as important oversight of the technology industry, we’ve had quite a year of accomplishment for digital consumers as well as other areas of our jurisdiction. Crystal has been an invaluable contributor to this success.” Tully has worked on the Commerce Committee’s communications and technology policy team since March 2017. She served previously in the offices of Sens Roger Wicker (R-MS) and John Sununu (R-NH). She has also worked in the private sector with key communications stakeholders, and held legal clerkships with the Federal Communications Commission and the Federal Trade Commission, agencies under the committee’s jurisdiction.

Stories From Abroad

A Hot Seat for Facebook, an Empty Chair for Zuckerberg and a Vow to Share Secret Files

Officials from nine countries examining Facebook’s business practices have spent weeks trying to get the company’s chief executive, Mark Zuckerberg, to face questions at a hearing. Instead, Zuckerberg was represented by an empty chair. He skipped the session, which was organized by a British committee investigating Facebook and the spread of misinformation. In Zuckerberg’s absence, officials spent more than three hours grilling a Facebook executive who stood in for him, criticizing the company’s influence on democracy, its distribution of false news and its use of personal user data. The hearing was built up by panel members as a moment of international accountability for Facebook. While the panel has no authority to impose laws or fines, it was a rare collaboration to investigate a company that is facing scrutiny after revelations about privacy breaches and its role in spreading propaganda and fomenting ethnic strife.

New report suggests Latin America will lag in internet growth

Sara Fischer  |  Axios

A new report from Cisco forecasts an alarmingly slow internet traffic growth rate for Latin America, especially when compared to the other lagging regions, like the Middle East and Africa. When it comes to internet speed, Latin America is far behind all other regions and will continue to lag over the next five years, per the report.

  • Broadband: By 2022, the global average speed of broadband internet will be 75.4 Mbps. While Asia Pacific and North America are expected to greatly exceed the global average, with 98.8 Mbps and 94 Mbps respectively, Latin America and the Middle East are expected to clock in at 28.1 Mbps and 20 Mbps respectively.
  • Wi-Fi: By 2022, the global average speed of Wi-Fi internet will be 54.2 Mbps. While Asia Pacific and North America are expected to greatly exceed the global average, with 63.3 Mbps and 83.8 Mbps respectively, Latin America and the Middle East are expected to clock in at 16.8 Mbps and 11.2 Mbps, respectively.

European consumer groups want regulators to act against Google tracking

Foo Yun Chee  |  Reuters

Consumer agencies in the Netherlands, Poland and five other European Union countries asked privacy regulators to take action against Google for allegedly tracking the movements of millions of users in breach of the bloc’s new privacy law.  Google is already facing a lawsuit in the United States for allegedly tracking phone users regardless of privacy settings. The consumer groups, which included those in the Czech Republic, Greece, Norway, Slovenia and Sweden, filed complaints with their respective national data protection authorities, based on research by their Norwegian counterpart. Consumer lobby the European Consumer Organisation (BEUC) alleges that Google uses various methods to encourage users to enable the settings ‘location history’ and ‘web and app activity’ which are integrated into all Google user accounts.

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Benton (www.benton.org) provides the only free, reliable, and non-partisan daily digest that curates and distributes news related to universal broadband, while connecting communications, democracy, and public interest issues. Posted Monday through Friday, this service provides updates on important industry developments, policy issues, and other related news events. While the summaries are factually accurate, their sometimes informal tone may not always represent the tone of the original articles. Headlines are compiled by Kevin Taglang (headlines AT benton DOT org) and Robbie McBeath (rmcbeath AT benton DOT org) — we welcome your comments.


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