Friday, May 17, 2019
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Broadband
House Commerce Democrats Propose $40 Billion for Broadband Buildout In Newest Version of Infrastructure Bill
The week was jam-packed with broadband news [Seriously, see the Quick Bits and Weekend Readsbelow]. There was an oversight hearing of the Federal Communications Commission, Rep. James Clyburn (D-SC) launched the House Task Force on Rural Broadband, and we saw the FCC approvethe first wave of funding from the Connect America Fund Phase II auction. Lost in the whirlwind of news, perhaps, was an important announcement: All the Democrats on the House Commerce Committee unveiled the newest version of a comprehensive infrastructure package -- and it includes billions for broadband network buildout.
Rep Anna G. Eshoo (D-CA) reintroduced three bills during Infrastructure Week to expand access to broadband:
- The Broadband Conduit Deployment Act, commonly ‘dig once,’ is bicameral, bipartisan legislation that mandates the inclusion of conduit—plastic pipes which house fiberoptic cables—during road construction receiving federal funding.
- The Community Broadband Act is bicameral legislation that removes roadblocks for public-private partnerships and locally-owned broadband systems.
- The Clearing Local Impediments Makes Broadband Open to New Competition and Enhancements (CLIMB ONCE) Act helps local communities streamline the pole attachment process to make the deployment of broadband faster, cheaper, and more competitive.
Senators Shelley Moore Capito (R-WV), Brian Schatz (D-HI), Jerry Moran (R-KS), and Jon Tester (D-MT) introduced the Broadband Data Improvement Act (BDIA), legislation to improve the accuracy of broadband coverage maps and better direct federal funds for broadband buildout. The bipartisan bill would require broadband providers to report data in a way that more accurately reflects locations they actually serve—a change from current reporting requirements. This would create a new, improved National Broadband Map that is significantly more accurate and granular, as well as subject to an ongoing and multi-faceted challenge, validation, and refinement process. The legislation is supported by a broad range of groups and organizations, including NCTA-The Internet & Television Association, NTCA-The Rural Broadband Association, the American Farm Bureau Federation, the Microsoft Corporation, the Competitive Carriers Association (CCA), the National Rural Electric Cooperative Association (NRECA), and the West Virginia Broadband Enhancement Council.
SpaceX’s plans are set to jump forward May 16 with a launch of 60 internet-beaming satellites. But don’t count out solar-powered, high-altitude drones — or giant balloons. Advances in solar-cell and battery technology have made those technologies more feasible. In April, Japanese telecommunications giant SoftBank said it would partner with Simi Valley drone maker AeroVironment Inc to build a drone capable of flying to the stratosphere, hovering around an area for months and serving as a floating cell tower to beam internet to users on Earth. Airbus and Boeing are also working on their own versions of high-flying, solar-powered drones. Industry experts estimate only 10% to 20% of the Earth’s land area is covered by terrestrial cell towers. Mobile operators are interested in providing continuous service across the globe, particularly in light of the coverage needed for advanced, 5G applications. Drones could also be used in emergency situations in which cell towers have been destroyed or taken offline.
Rep Anna Eshoo (D-CA) wrote a letter to Federal Communications Commission Chairman Ajit Pai asking if he would like to correct his testimony delivered to the House Commerce Committee at an oversight hearing May 15. Warning FCC Pai that “lying to Congress is a federal crime,” Rep Eshoo wrote there existed a “chasm” between what Chairman Pai told the committee and what Rep Eshoo herself heard from other FCC officials following the meeting. At issue is an investigation into the apparently unlawful sale of phone-location data to individuals and organizations with no legitimate reason to have it; a black market comprised of public and private businesses known only thanks to reporting at Motherboard and the New York Times. FCC Commissioners Jessica Rosenworcel and Geoffrey Starks have asked for information concerning the investigation but told Rep Eshoo they have not received it.
Commissioner Rosenworcel Releases Responses to Call for an Update on the Sale of Real-Time Location Data
Earlier in May, Federal Communications Commissioner Jessica Rosenworcel sent letters to major phone companies asking for an update on their progress toward halting the sale of customers’ real-time location information. A series of press reports over the past year revealed that geolocation data collected by phone companies was being made available to hundreds of bounty hunters across the country. However, the FCC so far has not provided the public with any details, despite the ongoing risk to the safety and security of American consumers. Nor has it taken any public action to ensure that this activity has stopped.
On May 16, Commissioner Rosenworcel is made public the responses she received. “The FCC has been totally silent about press reports that for a few hundred dollars shady middlemen can sell your location within a few hundred meters based on your wireless phone data. That’s unacceptable. I don’t recall consenting to this surveillance when I signed up for wireless service—and I bet neither do you. This is an issue that affects the privacy and security of every American with a wireless phone. It is chilling to think what a black market for this data could mean in the hands of criminals, stalkers, and those who wish to do us harm. I will continue to press this agency to make public what it knows about what happened. But I do not believe consumers should be kept in the dark. That is why I am making these letters available today.”
All four major wireless carriers told Commissioner Jessica Rosenworcel that they have ended the practice.
Can Congress prevent the disproportionate harm inflicted on marginalized communities from at times irresponsible commercial data practices? As our lives increasingly shift online, so, too, have methods of discrimination—using individual data profiles—and our laws have been slow to keep up. It’s thus vital for Congress, in particular, to conceptualize privacy as a civil right, and move the privacy debate to prioritize perspectives from marginalized communities who are disproportionately harmed by these new dangers. Indeed, privacy and civil rights ought to go hand in hand, but they often don’t. In fact, civil rights discussions have largely been missing from the privacy debate. This is despite the reality that privacy infringements affect civil rights in myriad ways.
Rep. Jan Schakowsky (D-IL), whose House Commerce Subcommittee is leading efforts to craft privacy legislation, raised the prospect of tackling concerns over competition and data protection at the same time. Asked about next steps on privacy legislation, Chairwoman Schakowsky said the question is where to limit the “scope” of a bill. “You can really get into a whole lot of things,” she said. “There’s talk about breaking up the big tech companies. Is that a part of this? Is that a separate [issue]? So I think figuring out a manageable terrain is going to be an issue.” Chairwoman Schakowsky said the op-ed by Facebook co-founder Hughes “raised important issues that we need to consider.” Inclusion of antitrust language would likely cripple the bill’s chances of garnering support from Republicans, who have long resisted the trust-busting rhetoric of some progressive lawmakers.
Security
Remarks of Commissioner O'Rielly Before the Daniel Morgan Graduate School of National Security
My intention today is to outline the most recent actions of the Federal Communications Commission pertaining to the protection of US national security, identify the difficult position in which we find ourselves with regard to Chinese telecommunications providers and manufacturers, and raise certain concerns with respect to the operations of the International Telecommunication Union, or the ITU as it is more commonly known.
A lack of data and transparency from social media companies has been a crucial force behind Republicans’ accusations that social networks are biased against conservatives, piggybacking off of rising left-wing concerns about data privacy and market power. Again and again, conservatives, like Sens Ted Cruz (R-TX) and Josh Hawley (R-MO) have used personal stories and anecdotes to stoke resentment against platforms and their moderators. And with no broader data to disprove them, the anecdotes are hard to argue with. On May 15, the White House took those theories one step further with a new tool for people who feel as though they’ve been censored by social media companies like Facebook and Twitter. It’s a mystifying tool, working equally well as a threat to social media companies and a list-building tool for the Trump campaign. But the true point of the form could be to fill the data gap pointed out by Sen Cruz and further reinforce President Trump supporters’ sense that they’re being victimized by moderators. The form is most likely to gain submissions from users who already agree that bias against conservatives is a problem, heavily skewing the results. In the next congressional hearing, Republicans could point to White House data indicating that the vast majority of moderation incidents target conservatives, all based on the White House form. With no hard data to say otherwise, it could turn into a powerful talking point.
Public-interest groups and civil liberties advocates say there's no clear evidence Facebook, Twitter, Google, and other companies suppress conservative viewpoints. And they say they're troubled by the prospect of government officials, particularly President Donald Trump, seeking to intimidate Silicon Valley over the issue. "A more pressing problem than alleged 'censorship' of any particular viewpoint is the proliferation of misinformation, propaganda, hate speech, terrorist content, and harassment online," said John Bergmayer, a senior counsel at Public Knowledge. "This misguided effort by the White House raises serious constitutional questions and could hamper the ability of platforms to moderate their platforms and take down such content."
Neither the form nor the White House tweet discloses what the administration plans to do with the material it collects. White House spokesman Judd Deere declined to answer that question, saying, "The White House wants to hear from all Americans — regardless of their political leanings — if they have been impacted by bias on social media platforms.”
A Twitter spokesperson said the company enforces its rules "impartially for all users, regardless of their background or political affiliation." Facebook, which did not immediately respond to a request for comment, has made similar assertions in the past. Michael Beckerman, president and CEO of the Internet Association, a trade group representing both companies, reiterated that “IA member company platforms don’t have a political ideology or political bias, and it would make no business sense for companies to stifle the speech of half — or any significant portion — their customers."
Marc Rotenberg, president of privacy watchdog the Electronic Privacy Information Center, questioned the White House's decision to request a wealth of personal information from anyone wishing to share their bias concerns. “The form posted at the White House to gather data from people concerned about the First Amendment is itself a First Amendment problem,” Rotenberg said. “There is no privacy policy, no privacy impact assessment, and no compliance with the federal Privacy Act, all of which could be required if a similar request were made by a federal agency.” The information requested is “very sensitive," Rotenberg added. “Yet there is no indication that the White House has given any thought to the privacy risks of providing this personal data to the federal government.
For 5G boosters, the benefits of installing the wireless technology are obvious: It allows delivery of super-fast internet speeds. But to hook up the “small cells” that power 5G grids, wireless providers have to install thick wires and poles and antennae on nearly every block they want to cover, outfitted with equipment that is about the size of a large backpack. It’s not just that 5G requires a lot of gear, which alone can provoke the not-in-my-backyard (NIMBY) backlash that puts a stop to all sorts of projects. It’s also that some people really don’t like it when they see it. “These things can be quite ugly,” says Christopher Mitchell, the director of Community Broadband Networks at the Institute for Local Self-Reliance. In April, in what could be a precedent-setting decision, a San Francisco (CA) judge ruled that the aesthetic argument alone can be enough to justify the rejection of new 5G infrastructure.
The Federal Communications Commission completed a three-month, Congressionally-mandated report by the FCC's Media Bureau looking into the television content rating system. Congress had asked the FCC to address "the accuracy of the television content rating system, known as the TV Parental Guidelines, and the ability of the governing body for TV ratings, the TV Parental Guidelines Oversight Monitoring Board (Board or TVOMB), to oversee the rating system and address public concerns about it." The FCC's conclusion was that the TVOMB has not been sufficiently accessible or transparent, but there is not enough evidence to conclude the ratings are inaccurate because the FCC did not have enough time to make that determination and meet its congressional deadline (It had 90 days to meet that deadline). The FCC did note that virtually all the commenters were dissatisfied with "some aspect of the TV Parental Guidelines, the oversight of the television ratings, and/or the content of television programming," while the industry asserts that the system is effective, with "meaningful oversight."
House Commerce Committee Chairman Frank Pallone (D-NJ) raised concern at the Federal Communications Commission oversight hearing about the agency’s response to “major consumer problems,” suggesting the commission had been deferring to corporate interests when it comes to fixing things like “robocalls or widespread communications failures after disasters like Hurricanes Maria and Michael.” The criticism came days after the FCC’s Public Safety and Homeland Security Bureau issued a report detailing “the unacceptably slow restoration of wireless service” after 2018’s Hurricane Michael, the most severe storm in the history of the Florida Panhandle. The investigation identified three culprits: weak backhaul connectivity, inadequate roaming arrangements, and poor coordination among wireless providers, power crews and local authorities. But critics say the FCC should shoulder more of the blame. Free Press, which put out its own report about the telecom crisis in Puerto Rico after Hurricanes Maria and Irma, blasted the FCC for failing to do its part in holding carriers accountable for insufficient storm preparedness and response. “What happened in Puerto Rico is a man-made disaster, exacerbated by the neglect of carriers and the one agency that’s supposed to hold these businesses accountable to the public interest,” said Carmen Scurato, the group’s senior policy counsel.
Policymakers
FCC Announces Membership And First Meeting Of The Re-Chartered Broadband Deployment Advisory Committee
Federal Communications Commission Chairman Ajit Pai has appointed members to serve on the re-chartered Broadband Deployment Advisory Committee (BDAC). The re-chartered BDAC will hold its first meeting on June 13, 2019. In its second term, the BDAC will continue its work to craft recommendations for the FCC on ways to accelerate the deployment of high-speed Internet access, or “broadband,” by reducing and/or removing regulatory barriers to infrastructure investment and strengthening existing broadband networks in communities across the country. The BDAC will continue to provide an opportunity for interested stakeholders to exchange ideas and develop recommendations to the FCC on broadband deployment, which will in turn enhance the FCC’s ability to carry out its statutory responsibility to encourage the deployment of broadband to all Americans.
Chairman Pai has designated Elizabeth Bowles, President and Chair of Aristotle, Inc., to continue to serve as Chair of the BDAC, and David Young, Fiber Infrastructure and Right of Way Manager, City of Lincoln (NE) to continue to serve as Vice Chair. A full list of BDAC members is attached to this Public Notice.
Federal Communications Commission Chairman Ajit Pai announced that the items below are tentatively on the agenda for the June Open Commission Meeting scheduled for Thursday, June 6, 2019:
- Clarification of the Commission’s Call-Blocking Rules – The Commission will consider a Declaratory Ruling and Third Further Notice of Proposed Rulemaking clarifying that voice service providers may block illegal and unwanted calls as the default before they reach consumers’ phones, and proposes a safe harbor for providers that block calls that fail call authentication while ensuring that emergency and other critical calls reach consumers. (CG Docket No. 17-59, WC Docket No. 17-97)
- Leased Commercial Access – The Commission will consider a Report and Order and Second Further Notice of Proposed Rulemaking that would vacate its 2008 Leased Access Order, modernize the existing leased access rules to reflect changes in the video programming market, and propose to simplify the leased access rate formula. (MB Docket Nos. 07-42; 17-105)
- Amendment of the Commission’s Rules to Promote Aviation Safety – The Commission will consider a Notice of Proposed Rulemaking that would propose to modernize the Commission’s rules to improve aviation safety, support the deployment of more advanced avionics technology, and increase the efficient use of limited spectrum resources. (WT DocketNo. 19-140)
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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