Daily Digest 12/21/2018 (Connecting the Unconnected)

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Friday, December 21, 2018

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National Spectrum Strategy


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Connecting the Unconnected

Race, ethnicity, and telecommunications policy

Headlines will return FRIDAY, DECEMBER 28. Happy Holidays!

Table of Contents

Broadband/Telecom

2019 Urban Rate Survey  |  Read below  |  Public Notice  |  Federal Communications Commission
Case Studies in Public-Private Partnership Driving Broadband Deployment  |  Read below  |  Press Release  |  National Telecommunication and Information Administration
Connecting the Unconnected with Open Access Infrastructure  |  Read below  |  Amina Fazlullah, Christopher Mitchell  |  Op-Ed  |  Medium
Colorado communities banding together for better, faster regional broadband internet  |  Read below  |  Randy Wyrick  |  Vail Daily
FCC grants a limited, one-time waiver of E-rate rules for Metropolitan Nashville Public Schools' funding yr 2016 applications  |  Federal Communications Commission
Everyone Loathes Robocalls. Some People Try to Get Even.  |  Wall Street Journal

Spectrum/Wireless/Satellites

NTIA Seeks Comment on Development of a National Spectrum Strategy  |  Read below  |  Assistant Secretary David Redl  |  Public Notice  |  National Telecommunications and Information Administration
How the Sprint/T-Mobile Merger Would Harm Consumers, Competition and Jobs  |  Read below  |  Phillip Berenbroick, Carri Bennet  |  Op-Ed  |  Morning Consult
Comcast refuses to go public with assessment of Sprint/T-Mobile merger  |  Read below  |  Mike Dano  |  Fierce
AT&T’s new tower deals cut rent costs in half  |  Fierce
Wi-Fi Alliance: Wi-Fi, 5G will be complementary  |  Fierce
FCC Reaches $900,000 Settlement for Unauthorized Satellite Launch  |  Federal Communications Commission

Broadcasting/Television

FCC Approves Merger of Gray TV & Raycom Media  |  Read below  |  Press Release  |  Federal Communications Commission
Video Viewership Report: Subscribers Keep Cable for Sports and News  |  telecompetitor
Op-Ed: Why it’s time to start regulating Chinese TV in the West  |  Washington Post

Platforms

Rep Rush (D-IL) Calls on Facebook board to "terminate" founder Mark Zuckerberg  |  Broadcasting&Cable

Analysis: Sen Wyden (D-OR): Zuckerberg is 'racking up the Pinnochios'  |  Washington Post

Analysis: A Real Remedy the FTC Should Demand of Facebook  |  Public Knowledge

Opinion: Facebook just can’t seem to learn from its mistakes  |  Bloomberg

How Facebook made it impossible to delete Facebook  |  Vox

The Law and Economics of Apple Inc. v. Pepper  |  Technology Policy Institute

Amazon Alexa user receives 1,700 audio recordings of a stranger through ‘human error’  |  Washington Post

Security/Privacy

Rep Pallone, Sen Cantwell urge Department of Homeland Security to Bolster Pipeline Cybersecurity  |  US News & World Report

Analysis: The big cyber story of 2018: The US hasn't been tough enough on Russian hackers  |  Washington Post

Daniel Lyons: Oath settlement, Google suit spotlight child online privacy  |  American Enterprise Institute

A hacker took over a baby monitor and broadcast threats, parents say  |  Washington Post

Elections

Sen Jones (D-AL) calls for probe into alleged disinformation plot in Alabama Senate race  |  Washington Post

Democrats to hold 12 debates during 2020 US presidential campaign  |  Reuters

Journalism

Editorial: Mike Dano says Farewell to Fierce  |  Fierce

Predictions for Journalism 2019  |  Nieman Lab

Op-Ed: How Local News Builds Trust and Disinfects Corruption  |  Knight Foundation

Civic Engagement

Race, ethnicity, and telecommunications policy issues of access and representation: Centering communities of color and their concerns  |  Read below  |  Rachel Moran, Matthew Bui  |  Research  |  Telecommunications Policy
Luminate, A New Global Civic Tech Group Emerges from The Omidyar Group  |  Government Technology

FCC Reform

Further Improving the FCC's Procedures  |  Read below  |  FCC Commissioner Michael O'Rielly  |  Press Release  |  Federal Communications Commission

Policymakers

Rep Pallone (D-NJ) Elected Chairman of Energy and Commerce Committee  |  Read below  |  Rep Frank Pallone (D-NJ)  |  Press Release  |  House of Representatives
Chairman Pai Names Six Members to the USAC Board  |  Read below  |  Public Notice  |  Federal Communications Commission
Sens Manchin, Sullivan lift hold on FCC Commissioner Brendan Carr  |  Read below  |  Harper Neidig  |  Hill, The
CPB Names Maja Mrkoci Chief Content and Innovation Officer  |  Corporation for Public Broadcasting
The Latest Facebook Scandal Is Also a Crisis for the FTC  |  Read below  |  Hal Singer  |  Op-Ed  |  Slate
The Case for Agency Authority  |  Read below  |  Allie Bohm  |  Analysis  |  Public Knowledge

Stories From Abroad

Chairman Pai Remarks at the Israel Business Conference 2018  |  Read below  |  FCC Chairman Ajit Pai  |  Speech  |  Federal Communications Commission
US charges Chinese hackers in alleged theft of vast trove of confidential data in 12 countries  |  Washington Post
Facebook shuts down fake Bangladesh news sites ahead of vote  |  Associated Press
Apple Infringed on Qualcomm Patent, German Court Finds  |  Wall Street Journal
Apple will pull older iPhones from its German stores after Qualcomm wins partial ban  |  Vox
2018 was the year Chinese internet users evaded censorship — briefly  |  Vox
Germany’s Der Spiegel Says Reporter Made Up Facts  |  Wall Street Journal

Company News

T-Mobile's TV service said to face launch delay  |  C|Net
CBS Considers Dropping Nielsen Ratings Contract as TV Landscape Changes  |  Variety
Spotify and Wixen settle the music publishing company’s $1.6 billion lawsuit  |  Vox
Amazon, Apple and others are expanding out of major tech cities — but mostly to other major tech cities  |  Vox
Today's Top Stories

Broadband/Telecom

2019 Urban Rate Survey

Public Notice  |  Federal Communications Commission

The Federal Communications Commission's Wireline Competition Bureau announced the 2019 reasonable comparability benchmarks for fixed voice and broadband services for eligible telecommunications carriers (ETCs) subject to broadband public interest obligations, including incumbent local exchange rate-of-return carriers, incumbent price-cap carriers receiving CAF Phase II support, Rural Broadband Experiment providers, and Connect America Fund Phase II Auction (Auction 903) winners. In addition, the FCC posted the fixed voice and broadband services data collected in the most recent urban rate survey, and explanatory notes regarding the data. The FCC also announces the required minimum usage allowance for ETCs subject to public interest obligations for fixed broadband.

Voice Rates. Based on the survey results, the 2019 urban average monthly rate (the rate floor) is $26.98. Therefore, the reasonable comparability benchmark for voice services, two standard deviations above the urban average, is $51.61. Under the FCC's rules, each ETC, including competitive ETCs providing fixed voice services, must certify in the FCC Form 481 filed no later than July 1, 2019, that the pricing of its basic residential voice services is no more than $51.61.

Broadband Rates. Recipients of high-cost and/or Connect America Fund support that are subject to broadband performance obligations are required to offer broadband service at rates that are at or below the relevant reasonable comparability benchmark. Carriers subject to the Alaska Plan are required to meet Alaska-specific benchmarks and to certify that they are meeting the relevant reasonable comparability benchmark for their broadband service offering in the FCC Form 481 filed no later than July 1, 2019.

Case Studies in Public-Private Partnership Driving Broadband Deployment

Many small communities across the country struggle to bring advanced broadband to their residents. What they lack in size, they often make up with diversity of their economies, populations, geography, and technology providers. Public-private partnerships (PPP) can help local government and businesses pool their resources and technical expertise to deliver cutting-edge services to citizens. Recently, the National Telecommunications and Information Administration’s BroadbandUSA program and the Virginia Center for Innovative Technology hosted the Virginia Broadband Summit – Partnerships for Connecting the Commonwealth to learn from smaller Virginia communities how they used PPPs to identify models that other communities can study to bring broadband to their areas. 

Connecting the Unconnected with Open Access Infrastructure

Amina Fazlullah, Christopher Mitchell  |  Op-Ed  |  Medium

Most Americans do not have much of a choice in Internet service providers, even in big cities. But for a lucky few, they have not only a robust gigabit connection but also a choice of many providers. This is most common in an arrangement called “open access.” Some 30 communities spread across the United States have embraced this model — where the local government builds a fiber-optic infrastructure and acts as a wholesaler, allowing independent Internet Service Providers (ISPs) to offer the actual service to households and businesses. If you live in one of the communities, the local government builds a fiber-optic connection to your home, but you get service from the ISP you choose and they pay a fee to the local government. Open access is a prospect for thousands of communities that want to improve Internet access but do not want to directly compete with established firms in the industry. 

[Amina Fazlullah was a 2017/18 Mozilla Fellow and is current policy counsel with Common Sense Media. Christopher Mitchell is the Director of the Community Broadband Networks Initiative at the Institute for Local Self-Reliance as well as the Director of Policy for Next Century Cities]

Colorado communities banding together for better, faster regional broadband internet

Randy Wyrick  |  Vail Daily

Local governments in Colorado want to buy better broadband and are pooling their resources to do it. It's called Project THOR, the brainchild of the Northwest Colorado Council of Governments. It's designed to deliver faster internet at lower costs around the region. Project THOR has two main goals: 1) To make broadband better and faster across Northwest Colorado's rural areas. 2) To improve reliability of the regional broadband network, which is currently prone to mass failures when a fiber line goes down in a single place.

Spectrum/Wireless

NTIA Seeks Comment on Development of a National Spectrum Strategy

Assistant Secretary David Redl  |  Public Notice  |  National Telecommunications and Information Administration

The Department of Commerce’s National Telecommunications and Information Administration (NTIA) issued a Request for Comments (RFC) seeking public input on the development of a comprehensive, long-term National Spectrum Strategy. The strategy must accomplish several goals, including increasing spectrum access, improving spectrum sharing, enhancing spectrum management, and leveraging ongoing research and development activities. The National Spectrum Strategy must also help to improve the competitiveness of both our terrestrial and space-related technology industries. The RFC points to the complementary goals of Space Policy Directive-3 (SPD-3), which President Trump issued this past summer. SPD-3 calls on the United States to improve policies, processes and technologies for spectrum use to address challenges posed by orbital congestion and radiofrequency interference in space. NTIA is seeking recommended actions as well as information that can improve our understanding of the issues raised in the presidential memorandum and the spectrum-related portions of SPD-3. All interested parties are invited to comment

The request for comments is another step in fulfilling President Trump’s call for development of a national spectrum strategy as announced on Oct. 25, 2018. NTIA sent a letter to federal agencies in Nov 2018 asking them to report on their future spectrum needs over the next 15 years. 

How the Sprint/T-Mobile Merger Would Harm Consumers, Competition and Jobs

Phillip Berenbroick, Carri Bennet  |  Op-Ed  |  Morning Consult

Today, Americans can choose between four nationwide wireless carriers – but that choice is now threatened by the proposed merger of Sprint and T-Mobile. If allowed to proceed as proposed, this merger will condense the market to just three national carriers, leading to higher prices, foreclosing the entrance of new competitors and eliminating jobs. And while the companies have promised that this deal would speed the roll out of 5G and improve rural service, the facts belie these claims. This deal offers no meaningful public benefit and threatens vast consumer harms. If ever a deal deserved to be blocked by our regulators, it is this one.

[Phillip Berenbroick is senior policy counsel at Public Knowledge. Carri Bennet is general counsel to the Rural Wireless Association, which represents rural wireless carriers that serve fewer than 100,000 subscribers.]

Comcast refuses to go public with assessment of Sprint/T-Mobile merger

Mike Dano  |  Fierce

Sprint and T-Mobile are urging Comcast to say publicly how it believes it will be affected by the proposed merger of the nation’s third and fourth largest wireless network operators. But Comcast is having none of it. “Comcast’s strategic perspective on, and assessment of, the competitive impact of the Proposed Transaction [between Sprint and T-Mobile] on Comcast’s nascent wireless business and its television and broadband businesses—including discussions of Comcast’s wireless business strategy, contractual terms, and related business negotiations—constitutes competitively sensitive information that is not otherwise publicly available and falls squarely within the Commission’s definition of Highly Confidential Information,” Comcast told the Federal Communications Commission. The company wrote that Sprint and T-Mobile “are asking the Commission to make Comcast’s—a non-party’s—Highly Confidential internal competitive and strategic analyses widely available to the public. Such a request is at odds with the Commission’s confidentiality policy and implementing regulations. Public disclosure of this sensitive commercial information would result in competitive harm to Comcast.”

Television

FCC Approves Merger of Gray TV & Raycom Media

Press Release  |  Federal Communications Commission

The Federal Communications Commission has before it applications in the attached appendices that: (1) seek consent to the assignment of certain television broadcast licenses held by subsidiaries of Raycom Media, Inc. (Raycom) to a subsidiary of Gray Television, Inc. (Gray) (jointly, the Applicants), and to the transfer of control of subsidiaries of Raycom holding television broadcast licenses to Gray (the Applications); and (2) seek consent to divest certain stations necessary to bring the post-transaction Gray into compliance with the Local Television Ownership Rule. DISH Network L.L.C. 

As a result of the divestitures proposed in the Applications, the Bureau finds that Gray, following consummation, will be in compliance with the Local Television Ownership Rule in nine markets. In addition, in the Amarillo (TX) and Honolulu (HI) markets, where Gray proposes to own two top-four ranked stations, we find that application of the Local Television Ownership Rule’s Top-Four Prohibition is not warranted based on the unique facts and circumstances of the stations at issue. Lastly, we grant continued authority to operate four stations pursuant to the satellite exception to the Local Television Ownership Rule. As discussed herein, we find that grant of the Applications would serve the public interest, convenience, and necessity.

Civic Engagement

Race, ethnicity, and telecommunications policy issues of access and representation: Centering communities of color and their concerns

Rachel Moran, Matthew Bui  |  Research  |  Telecommunications Policy

This paper examines how and why activist groups representing marginalized communities of color are increasingly engaging in communications technology policy issues, particularly in relation to issues of digital access and representation. It explores three distinct but related case studies to disentangle the issues and concerns of a range of communities of color, and the challenges and opportunities for their advocates in navigating the highly technical communications technology policy arena: the first case study, which centers on the NAACP's original opposition to net neutrality, reveals the primacy of issues surrounding the “digital divide” to populations of color, and the difficulties of engaging in technical conversations surrounding Internet governance when issues of access persist. Meanwhile, the second case reviews the campaign by Free Press to promote set-top box liberalization as an issue of representation and diversity to both policymakers and citizens. The final case, which examines the work of the Tribal International Carrier to build an alternative internet servicenetwork for Native populations, highlights the precarity which organizations must strategically navigate in order to mitigate the influence of both the state and large corporations over Internet policy issues in order to both serve and represent their constituents. In all, this paper presents and extends upon a novel approach to communications policy research, foregrounding the need to integrate critical race frameworks and, relatedly, to center the breadth, depth, and lived experiences of communities of color, which can therein facilitate more inclusive digital media and communication environments and policy structures.

[The authors are students at Annenberg School for Communication and Journalism, University of Southern California. Also see Race, Ethnicity, and Communications Policy Debates: Making the Case for Critical Race Frameworks in Communications Policy]

FCC Reform

Further Improving the FCC's Procedures

FCC Commissioner Michael O'Rielly  |  Press Release  |  Federal Communications Commission

To help take the next leap towards a more efficient, accountable, and transparent Federal Communications Commission, I have scoured previous proposals, spoken to interested parties, and considered my own personal experiences, and have prepared a list of ideas designed to improve the Commission's processes for our licensees, practitioners, Commissioners, and, most importantly, American consumers. It's now time to publicly release these medium, small, and tiny, mostly non-mutually exclusive ideas, and have each produce feedback on its merits or pitfalls. The following list should serve to generate debate, invite further ideas, and help move the Commission forward.

Policymakers

Rep Pallone (D-NJ) Elected Chairman of Energy and Commerce Committee

Rep Frank Pallone (D-NJ)  |  Press Release  |  House of Representatives

I thank my Democratic colleagues for their support in electing me Chairman of the Energy and Commerce Committee. There is no better committee in Congress, and I am so fortunate to have the support of my colleagues in leading this committee in the 116th Congress. I look forward to working with all of my colleagues to build a stronger economy, create more good-paying jobs and protect consumers from skyrocketing costs. In the coming months, we will push an aggressive agenda to rebuild America, combat climate change, make health care and prescription drugs more affordable, and protect peoples’ privacy. We’ll also conduct robust oversight of the Trump Administration’s ongoing actions to sabotage our health care system, exacerbate climate change and weaken consumer protections.

Chairman Pai Names Six Members to the USAC Board

Public Notice  |  Federal Communications Commission

Chairman Ajit Pai appointed six members to the Board of Directors of the Universal Service Administrative Company (USAC):

  1. Representative for schools that are eligible for discounts: Julie Tritt Schell, State E-rate Coordinator, Pennsylvania Department of Education;
  2. Representative for information service providers: Olivia Wein, Senior Attorney, National Consumer Law Center;
  3. Representative for rural healthcare providers that are eligible to receive supported services: Brent Fontana, Technical Business Developer, Amazon Web Services;
  4. Representative for state telecommunications regulators: Sarah Freeman, Commissioner, Indiana Utility Regulatory Commission;
  5. Representative for incumbent local exchange carriers (non-Bell Operating Companies) with more than $40 million in annual revenues: Kenneth F. Mason, Vice President, Government and Regulatory Affairs, Frontier Communications; and
  6. Representative for interexchange carriers with annual operating revenues of more than $3 billion: Alan Buzacott, Executive Director, Federal Regulatory Affairs, Verizon Communications, Inc.

Sens Manchin, Sullivan lift hold on FCC Commissioner Brendan Carr

Harper Neidig  |  Hill, The

Sen Joe Manchin (D-WV) lifted his hold on Federal Communications Commissioner Brendan Carr after the agency promised to prioritize rolling out funding for wireless broadband in rural areas. Sen Manchin announced the hold on Commissioner Carr the week of Dec 10 after the FCC announced it would pause the funding program while it conducts an investigation into coverage data submitted by major wireless carriers.

Sen Dan Sullivan (R-AK) also announced that he would be lifting a hold he had placed on Commissioner Carr’s confirmation, over concerns about the FCC's work on rural healthcare. “After receiving concrete commitments and timelines from Chairman Pai to get the Rural Health Care program back on track in Alaska, Senator Sullivan lifted his hold on Commissioner Carr last night,” the senator's office said.

The Latest Facebook Scandal Is Also a Crisis for the FTC

Hal Singer  |  Op-Ed  |  Slate

That Facebook can’t stay out of the headlines is not just a crisis for Facebook. It’s also a crisis for the Federal Trade Commission—indeed, it’s a “credibility-check moment.” Every day that passes in which the consent order is not enforced against Facebook adds to speculation that something is deeply broken at the agency. Moreover, the tech firms want the FTC to be named as their sole regulator, pre-empting stronger action by states and their attorneys general to protect privacy. Given its record of tech-friendly enforcement, it’s not surprising that’s who the platforms want looking over their shoulder. But if it can’t even enforce a consent order—a set of promises Facebook itself agreed to abide by—then it will be quite clear the FTC isn’t up to the task of protecting our economy, or our democracy, from the depredations of Big Tech.

[Hal Singer is a managing director at Econ One Research, a senior fellow at George Washington’s Institute of Public Policy, and an adjunct professor at Georgetown’s McDonough School of Business.]

The Case for Agency Authority

Allie Bohm  |  Analysis  |  Public Knowledge

This is my case for why I am pro-agency rulemaking authority, and you should be too.

  1. Agencies Are Nimbler Than Congress, responding to changing circumstances and technology in closer to real time.
  2. Agencies Have Relevant Expertise -- people who work at agencies tend to build deeper, specialized knowledge on the issues within their agency’s mandate.
  3. Opportunities for Public Participation -- whenever an agency wants to promulgate a rule, it must first put forward the rule for public comment. And, ulike your member of Congress, who can file your comment in a folder never to be consulted again, the agency actually has to take the public comments into account and respond to them in the final rule.

Stories From Abroad

Chairman Pai Remarks at the Israel Business Conference 2018

FCC Chairman Ajit Pai  |  Speech  |  Federal Communications Commission

Our two nations are connected by shared values and shared interests, and that is certainly true in the field of communications. Each of our governments is committed to connecting all of our citizens with what I like to call digital opportunity. And on Dec 17, the US Federal Communications Commission and the Israeli Ministry of Communications put this commitment into practice. We convened the first meeting of a new Joint Working Group to exchange information and learn from each other’s experiences. I’m pleased to report that the relationship between our two agencies has never been stronger, and I look forward to continuing our cooperation in the years to come.

The United States and Israel are setting the pace in the global digital economy. As shown by the subject of this session, one of the emerging battlegrounds for technological leadership will be 5G, the next generation of wireless technology. At the FCC, we certainly feel a sense of urgency around 5G, and we are acting accordingly. 

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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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