Tales of the Sausage Factory

On Feb 1, we had approximately 4.5 hours of oral argument on the network neutrality case. I want to just highlight one theme: the refusal of the Federal Communications Commission to be honest about the expected policy consequences of its actions. I highlight this for several reasons. First, people need to understand that while the agency can always change its mind, it has to follow the Administrative Procedure Act (APA), which includes addressing the factual record, acknowledging the change in policy from the previous FCC, and explaining why it makes a different decision this time around.

I thought I would point out some of the more fun arguments that may come up on Feb 1 in the oral argument in Mozilla v. FCC, the challenge to the Restoring Internet Freedom Order (RIFO). As always, keep in mind that oral argument is a perilous guide to the final order, and the judges on the panel have a reputation for peppering both sides with tough questions. 

Welcome to 2019, where you will find aggressively marketed to you a new upgrade in Wi-Fi called “Wi-Fi 6” and just about every mobile provider will try to sell you some “new, exciting, 5G service!” But funny thing. If you buy a new “Wi-Fi 6” wireless router you know exactly what you’re getting. It supports the latest IEEE 802.11ax protocol, operating on existing Wi-Fi frequencies of 2.4 GHz and 5 GHz, and any other frequencies listed on the package.

Tumblr recently announced it will ban adult content.  Although partially in response to the discovery of a number of communities posting child pornography and subsequent ban of the Tumblr ap from the extremely important Apple ap store, a former engineer at Tumblr said the change has been in works for months. The change was mandated by Tumblr’s corporate parent Verizon, in order to attract greater advertising revenue.

On the anniversary of the repeal of network neutrality, Federal Communications Commission Chairman Ajit Pai now proposes another goodie for carriers – classifying both short codes and text messages as Title I “information service” rather than a Title II telecommunications service. As this is even more ridiculous than 2017’s reclassification of broadband as Title I, the draft Order relies primarily on the false claim that classifying text messaging as Title I is an anti-robocall measure.

Federal Communications Commission Chairman Ajit Pai and Gov Rick Scott (R-FL) have expressed frustration with the slow pace of restoring communications in FL in the wake of Hurricane Michael. What neither Chairman Pai nor Gov Scott mention is their own roll in creating this sorry state of affairs. Their radical deregulation of the telephone industry, despite the lessons of previous natural disasters such as Hurricane Sandy, guaranteed that providers would chose to cut costs and increase profits rather than invest in hardening networks or emergency preparedness.

The Federal Communications Commission is about to take spectrum away from rural providers.  Public Knowledge sent a letter to FCC Chairman Ajit Pai asking him to change the draft Order altering the rules for the “Citizen’s Broadband Radio Service” (CBRS) to keep several of the old rules in place. Specifically, we want the FCC to keep at least some license areas at census tract size, rather than making them bigger and therefore unaffordable for small providers like wireless ISPs (WISPs).

Congress created the Federal Communications Commission in order to ensure we would have working communications infrastructure for, among other things, handling public safety. So you would think that when Verizon throttled the Santa Clara (CA) Fire Department’s mobile broadband connection for coordinating response to the Mendocino Complex Fire — the largest wildfire in California history — that the FCC would naturally be all over it.

As predicted 10 years ago, in the absence of anti-redlining provisions, carriers have not invested in upgrading their broadband capacity in communities of color at anything close to the same rate they have upgraded in wealthier, whiter neighborhoods. As a result, the urban digital divide is once again growing. It’s not just that high-speed broadband is ridiculously expensive, although this is also a serious barrier to adoption in urban areas.

I have spent the last two weeks or so doing a deep dive on what, exactly does 5G actually do — with a particular emphasis on the recently released 3GPP standard (Release 15) that everyone is celebrating as the first real industry standard for 5G. My conclusion is that while the Emperor is not naked, that is one Hell of a skimpy thong he’s got on. More precisely, the bunch of different things that people talk about when they