Daily Digest 7/30/2018 (A Vision for the 2020s)

Benton Foundation
Table of Contents

Broadband/Internet

A Vision for the 2020s: Access to Broadband in the Next Decade  |  Read below  |  Jonathan Sallet  |  Analysis  |  Benton Foundation
New York orders Charter out of state, says it must sell Time Warner Cable system  |  Read below  |  Jon Brodkin  |  ars technia
Public Knowledge Welcomes New York PSC’s Enforcement of Charter-Time Warner Cable Merger Agreement  |  Public Knowledge
USDA Invites Comments on the Implementation of the e-Connectivity Pilot Program  |  Read below  |  Press Release  |  Department of Agriculture
CWA Collects Signatures Against One Touch Make Ready Pole Policy  |  Read below  |  John Eggerton  |  Broadcasitng&Cable

Wireless

Wireless Carriers Divided on Mobile Broadband Competitiveness  |  Read below  |  John Eggerton  |  Multichannel News
Comcast installed Wi-Fi gear without approval—and Corvallis (OR) is not happy  |  Read below  |  Jon Brodkin  |  Ars Technica

Ownership

Disney and Fox shareholders approve blockbuster $71-billion deal  |  Read below  |  Meg James  |  Los Angeles Times
Viacom to Acquire Awesomeness for $25 Million  |  Hollywood Reporter
FCC Diversity Committee Members Push FCC To Include TV in Incubator  |  Read below  |  John Eggerton  |  Broadcasting&Cable

Privacy

The Trump administration is talking to Facebook and Google about potential rules for online privacy  |  Read below  |  Tony Romm  |  Washington Post
Op-Ed: The CA Consumer Privacy Act should be condemned, not celebrated  |  International Association of Privacy Professionals
Op-Ed: Your cell phone number is more important and less secure than your Twitter password  |  USAToday

Content

Facebook suspends US conspiracy theorist Alex Jones  |  Read below  |  Alex Hern  |  Guardian, The
Q&A with VR pioneer Jaron Lanier: 'If you can quit social media, but don’t, then you’re part of the problem'  |  Vox

Elections

President Trump chairs election security meeting but gives no new orders to repel Russian interference  |  Washington Post
How they did it (and will likely try again): GRU hackers vs. US elections  |  Read below  |  Sean Gallagher  |  Ars Technica
Cohen claims President Trump knew in advance of 2016 Trump Tower meeting  |  CNN
CWA targets AT&T, GOP over post–tax law job losses  |  Read below  |  Harper Neidig  |  Hill, The
Liberal activists embrace ‘dark money’ in Supreme Court fight  |  Washington Post

Oversight

Nine Months Late, an FCC Oversight Hearing  |  Read below  |  Robbie McBeath  |  Analysis  |  Benton Foundation

Government & Communications

The White House shows its contempt for the free press  |  Read below  |  Editorial staff  |  Editorial  |  Washington Post
President Trump accuses ‘very unpatriotic’ journalists of putting the ‘lives of many’ in peril  |  Washington Post
President Trump Doesn't Want 'Fake News' Wasting His Time  |  Read below  |  John Eggerton  |  Broadcasting&Cable
What can CNN do to stop President Trump’s abuse?  |  Read below  |  Erik Wemple  |  Op-Ed  |  Washington Post
New York Times Publisher and President Trump Clash Over President’s Threats Against Journalism  |  New York Times
New York Times publisher urged President Trump to stop his inflammatory rhetoric against the media  |  Los Angeles Times
Opinion: President Trump is the first Digital Age president  |  Washington Post
Rep Nunes suggests possible legal action against Twitter for 'censoring' conservatives  |  Hill, The
What is 'shadow banning', and why did President Trump tweet about it?  |  Guardian, The

Stories From Abroad

Democracy at risk due to fake news and data misuse, British MPs conclude  |  Guardian, The

More Online

Is there a right kind of screen time?  |  American Public Media
Les Moonves and CBS Face Allegations of Sexual Misconduct  |  New Yorker
Today's Top Stories

Broadband/Internet

A Vision for the 2020s: Access to Broadband in the Next Decade

Jonathan Sallet  |  Analysis  |  Benton Foundation

American democracy, like any democracy, requires the freedom to speak. But American democracy has always recognized the corollary: the strength of speech rests on access to communications networks. From the Post Office, to the telegraph, the telephone, and broadband, governmental action of various stripes has helped connect Americans to each other. The Benton Foundation serves that mission. Our goal: To bring open, affordable, high-capacity broadband to all people in the U.S. to ensure a thriving democracy in order to deliver new opportunities and strengthen communities to bridge our divides. The challenge of public policy is always to maintain fundamental goals with an eye towards changing conditions. And for broadband, the times are changing. Fiber extensions, municipal broadband, and prospects of 5G and fixed wireless broadband ensure that the communications infrastructure of the next decade will not be the same as today. That is why the Benton Foundation is embarking on a comprehensive, year-long review to propose how best to update America’s approach to broadband access for the coming decade.

[Jonathan Sallet is a Benton Senior Fellow. He works to promote broadband access and deployment, to advance competition, including through antitrust, and to preserve and protect internet openness.]

New York orders Charter out of state, says it must sell Time Warner Cable system

Jon Brodkin  |  ars technia

The New York State Public Service Commission voted to revoke its approval of Charter Communications' 2016 purchase of Time Warner Cable. The PSC said it is ordering Charter to sell the former TWC system that it purchased in New York, and it's "bring[ing] an enforcement action in State Supreme Court to seek additional penalties for Charter's past failures and ongoing noncompliance." Charter has repeatedly failed to meet deadlines for broadband expansions that were required in exchange for merger approval, state officials said. The PSC has steadily increased the pressure on Charter with fines and threats, but Charter never agreed to changes demanded by state officials. The PSC said:

Charter is ordered to file within 60 days a plan with the Commission to ensure an orderly transition to a successor provider(s). During the transition process, Charter must continue to comply with all local franchises it holds in New York State and all obligations under the Public Service Law and the Commission regulations. Charter must ensure no interruption in service is experienced by customers, and, in the event that Charter does not do so, the Commission will take further steps, including seeking injunctive relief in Supreme Court in order to protect New York consumers.

USDA Invites Comments on the Implementation of the e-Connectivity Pilot Program

Press Release  |  Department of Agriculture

The Department of Agriculture invited comments on the implementation of the e-Connectivity Pilot Program established in the Consolidated Appropriations Act of 2018 on March 23, 2018. USDA is developing this pilot program to catalyze private investment and bring broadband to unserved rural areas of the country. The new program provides a unique opportunity to develop modern methods to leverage federal funds to increase private investment in broadband services for as many rural American homes, businesses, farms, schools and health care facilities as possible. USDA is seeking input as we develop the rules and requirements of the e-Connectivity Pilot Program. All stakeholders with an interest in rural broadband deployment are welcome to contribute. Specifically, comments on the following issues are sought:

  1. Ways of evaluating a rural household’s “sufficient access” to broadband e-Connectivity at speeds of 10 Mbps downstream and 1 Mbps upstream, and how broadband service affordability should be factored in.
  2. Best options to verify speeds of broadband service provided to rural households.
  3. Best leading indicators of the potential project benefits for rural industries such as agriculture, manufacturing, e-commerce, transportation, health care and education, using readily available public data.

Comments are due on or before 5 p.m. Eastern Daylight Time on Monday, Sept. 10, 2018 

CWA Collects Signatures Against One Touch Make Ready Pole Policy

John Eggerton  |  Broadcasitng&Cable

The Communications Workers of America (CWA) is fighting hard against a Federal Communications Commission proposal they say endangers its members and could send CWA work to unskilled non-union contractors. The FCC is preparing to vote Aug 2 on, and almost certainly approve, a proposal to allow for "one touch, make ready" prep for attachment of communications equipment on utility poles. The idea is to speed broadband deployment by allowing those attaching or moving wires and equipment on utility poles to do all the work itself, rather than spreading it across multiple parties--say incumbent users doing the moving and the new attacher doing the attaching. That will save time, but CWA says at the price of safety, as well as jobs. "Pole attachment work is complex, and if done incorrectly, can cause electrocution or poles to fall," it said this week in pushing back hard. In decrying what it said was the dangerous, anti-union proposal, the union said it had collected 9,000 signatures on a petition against the proposal which it delivered to the FCC the week of July 23.

Wireless/Spectrum

Wireless Carriers Divided on Mobile Broadband Competitiveness

John Eggerton  |  Multichannel News

The mobile wireless broadband marketplace is either wildly competitive or definitely not so, depending on whom you ask. In comments to the Federal Communications Commission July 26 for a new congressionally-mandated report on competition in mobile wireless broadband, the major wireless carriers--individually (Verizon and AT&T) and collectively (from CTIA and others)--said the marketplace is full of cut-throat competitors, while competitive carriers said much of the country lacks reliable service from anyone, much less competition. The major carriers said the FCC should echo the finding of its 2017 report that there is effective competition in the mobile broadband marketplace, especially since the marketplace has gotten even more wildly competitive since then, while the Competitive Carriers Association said that conclusion was a mistake that the FCC should use this report to correct that misperception. "[M]uch of the country still lacks access to reliable mobile wireless service including 3G and 4G," CCA said. "In reality, the increasing concentration of the wireless market between the two largest providers—AT&T and Verizon—combined with existing regulatory barriers to wireless market expansion negatively impact competitive entry and competitive expansion, particularly in rural and remote areas...[T]he experience of CCA members and the on-the-ground experience of consumers—including statistics obtained just by driving through many parts of the country—make clear that mobile wireless service is not yet available everywhere, much less on a competitive basis," CCA maintained.

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Comcast installed Wi-Fi gear without approval—and Corvallis (OR) is not happy

Jon Brodkin  |  Ars Technica

Comcast recently installed Wi-Fi equipment in public rights of way without permits in the city of Corvallis (OR). But instead of settling the matter locally, NCTA—The Internet & Television Association, the cable industry's chief lobby group, told the Federal Communications Commission that it should override municipal permitting processes such as the one in Corvallis. In doing so, the cable lobby group made "misleading and inaccurate" allegations about what actually happened in the Comcast/Corvallis dispute, according to city officials. NCTA told the FCC in June that it "should declare that local governments may not abuse routine permitting processes for construction activity as a backdoor way of extracting unwarranted authorizations and fees from cable operators and otherwise delaying the deployment of new facilities."

NCTA's filing provided several examples allegedly demonstrating that cities and towns are unreasonably holding up network construction. These examples prove that "cable operators are facing unwarranted impediments in their efforts to deploy state-of-the-art broadband networks as a result of abusive permitting requirements," the NCTA claimed. Corvallis City Manager Mark Shepard told the FCC,  "There are two issues regarding Comcast's installation of Wi-Fi equipment in the City's ROW [rights of way]. Initially, Comcast installed Wi-Fi units in the City's ROW without application for construction permits. These installations would require a construction permit per Comcast's franchise agreement. When the City inquired about the units, the installation and their function, Comcast stated that in addition to allowing wireless access to video services, the units also provided non-cable service to non-cable customers, even though Comcast's franchise does not authorize use of the ROW to provide non-cable services to the general public. The City encouraged Comcast to apply for a telecom franchise to remedy the situation, just as the City would require a franchised telecommunications provider to obtain a cable franchise prior to using the ROW to provide cable services."


Ownership

Disney and Fox shareholders approve blockbuster $71-billion deal

Meg James  |  Los Angeles Times

Walt Disney Co. and 21st Century Fox shareholders overwhelmingly approved Disney’s proposed $71.3-billion takeover of much of Rupert Murdoch’s 21st Century Fox — a milestone in a merger that is expected to dramatically reshape the entertainment industry. The deal’s contours began to form nearly a year ago over wine between Disney Chief Executive Bob Iger and Murdoch at the elder mogul’s Moraga vineyard above Bel-Air. July 27’s vote was more official: The two companies held separate shareholder meetings concurrently in the same Hilton hotel a couple of blocks from Fox’s headquarters in mid-town Manhattan. The lightning-quick approval caps Murdoch’s decision in December to accept Disney’s $52-billion bid for Fox’s television and movie studio, cable television channels FX and National Geographic, Fox’s stake in streaming service Hulu, television operations in India and Fox’s 39% stake in London-based pay-TV company Sky.

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FCC Diversity Committee Members Push FCC To Include TV in Incubator

John Eggerton  |  Broadcasting&Cable

Some members of the Federal Communications Commission's diversity advisory committee want to make sure TV does not get left out of the FCC's proposed new diversity incubator program. The commission, which is planning to vote on the incubator Report and Order (R&O) Aug. 2, said it planned to start with a radio version of the program because "the costs of obtaining and operating radio stations make the radio sector a significantly more accessible entry point than television for entities with limited capital resources and operational experience." The program, as outlined in the draft R&O, would pair established broadcasters with new or eligible entrants, the former providing resources for a three-year period to help those new entrants improve struggling stations or become a station owner. But in a recent meeting with FCC Media Bureau staffers, Advisory Committee on Diversity and Digital Empowerment (ACDDE) members Diane Sutter, James Winston, DuJuan McCoy, said it was vital that TV be included ASAP (in this case, "as soon as practicable")


Privacy

The Trump administration is talking to Facebook and Google about potential rules for online privacy

Tony Romm  |  Washington Post

The Trump administration is crafting a proposal to protect Web users’ privacy, aiming to blunt global criticism that the absence of strict federal rules in the United States has enabled data mishaps at Facebook and others in Silicon Valley. Over the past month, the Commerce Department has been huddling with representatives of tech giants such as Facebook and Google, Internet providers including AT&T and Comcast, and consumer advocates, apparently. The government’s goal is to release an initial set of ideas this fall that outlines Web users’ rights, including general principles for how companies should collect and handle consumers’ private information. The forthcoming blueprint could then become the basis for Congress to write the country’s first wide-ranging online-privacy law, an idea the White House recently has said it could endorse. "Through the White House National Economic Council, the Trump Administration aims to craft a consumer privacy protection policy that is the appropriate balance between privacy and prosperity,” said Lindsay Walters, the president’s deputy press secretary. “We look forward to working with Congress on a legislative solution consistent with our overarching policy.”

Content

Facebook suspends US conspiracy theorist Alex Jones

Alex Hern  |  Guardian, The

Alex Jones, the American conspiracy theorist who runs the InfoWars website, has been suspended from Facebook for bullying and hate speech. The suspension will last for 30 days, and affects only Jones’s personal account on the social network, not the main InfoWars account. His profile will continue to be published, but he will not be able to post content until the suspension elapses. A Facebook spokesperson said Jones was found to have violated its community standards. “Our community standards make it clear that we prohibit content that encourages physical harm [bullying], or attacks someone based on their religious affiliation or gender identity [hate speech],” the spokesperson said.

[Of note: President Donald Trump appeared on Jones' program during the 2016 presidential campaign and praised his "amazing" reputation. On Dec 2, 2015, on Jones' program, Trump told him: "Your reputation's amazing. I will not let you down."]

Elections

How they did it (and will likely try again): GRU hackers vs. US elections

Sean Gallagher  |  Ars Technica

In a recent press briefing, Deputy Attorney General Rod Rosenstein announced that the grand jury assembled by Special Counsel Robert Mueller had returned an indictment against 12 officers of Russia's Main Intelligence Directorate of the Russian General Staff (better known as Glavnoye razvedyvatel'noye upravleniye, or GRU). The indictment was for conducting "active cyber operations with the intent of interfering in the 2016 presidential election." The filing spells out the Justice Department's first official, public accounting of the most high-profile information operations against the US presidential election to date. It provides details down to the names of those alleged to be behind the intrusions into the networks of the Democratic National Committee and the Democratic Congressional Campaign Committee, the theft of emails of members of former Secretary of State Hillary Clinton's presidential campaign team, and various efforts to steal voter data and undermine faith in voting systems across multiple states in the run-up to the 2016 election.

Reading between the lines, the indictment reveals that the Mueller team and other US investigators likely gained access to things like Twitter direct messages and hosting company business records and logs, and they obtained or directly monitored email messages associated with the GRU (and possibly WikiLeaks). 

After digging into this latest indictment, the evidence suggests President Trump may not have made a very good call [on the matter of whether Russia was involved in the hacking]. But his blaming of the victims of the attacks for failing to have good enough security, while misguided, does strike on a certain truth: the Clinton campaign, the DNC, and DCC were poorly prepared for this sort of attack, failed to learn lessons from history, and ignored advice from some very knowledgeable third parties they enlisted for help.

CWA targets AT&T, GOP over post–tax law job losses

Harper Neidig  |  Hill, The

The Communications Workers of America (CWA) is targeting Republican lawmakers and AT&T in a new advertising campaign aimed at highlighting the telecommunication company’s job cuts after receiving a boost from the GOP’s tax law. The CWA has launched radio ads in Indiana, Michigan, Minnesota and Texas that ties Republican candidates to the job cuts. The group estimates that AT&T has cut 7,000 jobs since the tax bill went into effect in 2018. They accuse the company of using its tax savings to enrich its shareholders and executives rather than investing in workers. "AT&T can certainly afford to keep good family-supporting jobs in our communities," Lisa Bolton, CWA’s vice president of technology and telecommunications, said in a statement. "It's shameful for these members of Congress to stay silent while AT&T sends layoff notices to their constituents and moves the work to low-wage contractors."  The radio ads target a handful of races in the Midwest, including Rep Jim Renacci’s (R-OH) bid to unseat Sen Sherrod Brown (D-OH) in Ohio. AT&T spokesman Marty Richter said that the ads were "misleading" and noted that the company has invested more in the U.S. over the past five years — $135 billion — than any other other publicly traded company.

Oversight

Nine Months Late, an FCC Oversight Hearing

Robbie McBeath  |  Analysis  |  Benton Foundation

The House Communications Subcommittee held a long-delayed Federal Communications Commission oversight hearing July 25. Overall, the review of the FCC was split along partisan lines. Republican representatives generally expressed satisfaction with the work of the FCC over the last nine months. Democratic representatives felt differently.  The hearing touched on a variety of policy issues, from spectrum allocation, to cybersecurity, to emergency alerts. Below we unpack the main takeaways from the hearing, including news about the decision to block Sinclair’s acquisition of Tribune, and the future of broadband policy.

Government & Communications

The White House shows its contempt for the free press

Editorial staff  |  Editorial  |  Washington Post

[Commentary] Of all the mind-dizzying hypocrisies that have emanated from President Donald Trump’s communications office, it is hard to find any more outlandish than claiming to “support a free press” while barring a reporter from an open White House event simply because it didn’t like her questions. Outlandish, but not laughable; there’s nothing amusing about the administration’s retaliation against CNN correspondent Kaitlan Collins. It underscores — again — the White House’s contempt for the critical role played by the media in a free society. “Highly unusual and possibly unprecedented” is how Post reporters characterized the decision, delivered by press secretary Sarah Huckabee Sanders and communications director Bill Shine, to block Collins from attending an event July 25 in the Rose Garden. No doubt  [President Trump] thinks sowing distrust of the press serves his purposes, but thankfully there are some small promising signs of backlash to his strongman methods.

President Trump Doesn't Want 'Fake News' Wasting His Time

John Eggerton  |  Broadcasting&Cable

Saying it was so the "fake news doesn't waste my time with dumb questions," President Donald Trump said NO, he did NOT (tweeted emphasis) have knowledge of a June 2016 meeting between his son and Russians saying they had dirt on Hillary Clinton. "....,the only Collusion with Russia was with the Democrats, so now they are looking at my Tweets (along with 53 million other people) - the rigged Witch Hunt continues! How stupid and unfair to our Country....And so the Fake News doesn’t waste my time with dumb questions, NO,...."" .....I did NOT know of the meeting with my son, Don jr. Sounds to me like someone is trying to make up stories in order to get himself out of an unrelated jam (Taxi cabs maybe?). He even retained Bill and Crooked Hillary’s lawyer. Gee, I wonder if they helped him make the choice!" 

CNN was reporting that President Trump's former lawyer, Michael Cohen, was willing to tell investigators that then-candidate Donald Trump was aware of the meeting.

What can CNN do to stop President Trump’s abuse?

Erik Wemple  |  Op-Ed  |  Washington Post

[Commentary] CNN is sui generis as a target of President Donald Trump’s onslaught against the press. It’s a serially abusive situation.

Bruce Brown, executive director of the Reporters Committee for Freedom of the Press (RCFP), says that outlets working under possibly discriminatory access constraints face a tough choice. “The news organization may decide it’s better for us to just come back the next day and go back at it,” says Brown. “If they’ve looked back and realize they have five or six incidents, where content is being used to guide press office actions, then at some point the news organization may decide we’ve had enough here” and file an action against the gatekeepers. In the case of CNN and the White House, the suit would likely be what’s known as a Bivens action, so named for a plaintiff who alleged that people acting on behalf of the federal government deprived him of his constitutional rights. In CNN’s case, the action would relate to First Amendment rights. A goal of such a suit would be to secure an injunction essentially ordering the government to allow access to press events, says Brown.

[Erik Wemple is the Washington Post's media critic].

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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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