Agenda

After four months of debate, the Federal Communications Commission is nearly ready to stop accepting feedback on its proposal to kill network neutrality. Final comments are due Wednesday, August 30th, by end-of-day Eastern time. Once the comment period closes, the FCC will review the feedback it received and use it as guidance to revise its proposal, which if passed, would reverse the Title II classification that guaranteed net neutrality just two years ago. The commission is supposed to factor in all of the feedback it received when writing its final draft, so if you do have strong feelings on the matter, it’s worth leaving a comment. And clearly, this proceeding has struck a chord.

There are currently almost 22 million filings on the proposal, setting a dramatic new record at the FCC. The last net neutrality proceeding set the prior FCC comment record at what at the time seemed like a whopping 3.7 million responses.

The technology sector has been on edge, waiting to see if the new administration will make the reforms needed to spur innovation and startup activity, or whether it will make policy changes that end up stifling it. There are a few key areas of tech policy that are top of mind for tech CEOs and other industry participants, including four key issues: Expanding tech talent, intellectual property protection, artificial intelligence and automation, and network neutrality. Current Federal Communications Commission Chairman Ajit Pai is arguing to end internet service providers’ status as common carriers (on par with utilities), and instead “reestablish” market forces in regulating the internet. His view is that this would increase infrastructure investment and innovation among the aging broadband networks. This is not surprising, given President Trump’s view on this as a “top-down power grab,” drawing analogies to the FCC’s Fairness Doctrine.

The Federal Communications Commission and Federal Emergency Management Agency (FEMA) have established September 27, 2017 as the date for the next nationwide test of the Emergency Alert System (EAS). Like 2016’s test, all EAS participants must file Form 1 a month before the test. The Form 1 has been modified, however, requiring information that was not requested previously. In addition, the FCC’s Emergency Test Reporting System (ETRS) has been revamped so that prior log in codes do not work and the system’s functionality is now unfamiliar to prior users. As a result, while the Form 1 is technically due next Monday, August 28th, anyone who has not yet started the filing process should begin immediately and aim to finish the process this week.

Apparently, the government review of AT&T’s $85 billion takeover of Time Warner has reached an advanced stage, people close to the situation said, a significant milestone in a deal that was closely watched for signs of how the Trump administration would view large mergers.

The deal’s regulatory review has hit a late-stage point where AT&T lawyers are discussing merger conditions with the Justice Department. The review process has reached that point despite a vacant seat atop the department’s antitrust division. An approval could underscore the administration’s pro-business credentials. During his presidential campaign, Donald Trump attacked the proposed deal. “AT&T is buying Time Warner, and thus CNN, a deal we will not approve in my administration because it’s too much concentration of power in the hands of too few,” he said. President Trump has since avoided talking publicly about the transaction but frequently complained on Twitter about the way CNN, a unit of Time Warner, has reported on him.

Plans to protest outside Google’s offices this weekend have been postponed, but conservatives are taking America’s culture wars directly to Silicon Valley, a place that was long insulated from political rancor but is now one of the most important ideological battlegrounds.

Organizers postponed the event — which was scheduled to take place in cities where Google has offices — saying that the news coverage surrounding their plans had led to threats from left-wing “terrorist groups.” The rallies were inspired by James Damore, the former Google engineer who was fired last week for posting a 10-page internal memo arguing that the lack of women in tech could be attributed to biological differences. His dismissal sparked an outcry from conservatives who say their opinions are being muzzled by liberal technology companies and led Damore to criticize his former company for promoting a “particularly intense echo chamber.”

The Commerce Department's National Telecommunications and Information Administration still lacks official leadership in the Trump administration, following Senate difficulties to advance even a committee vote earlier in August on NTIA administrator-nominee David Redl. But NTIA is still chugging along with career staff dating to the Obama administration, such as NTIA chief of staff Glenn Reynolds and spectrum management associate administrator Paige Atkins. Both attended a NTIA-convened spectrum meeting in Colorado.

Reynolds referred to Redl's absence as "the elephant in the room" and assured meeting participants that their work would be "used and emphasized and studied by both the career staff and by the political leadership that we fully expect to get on board in the near future." He also lamented what he judged as tight budget constraints and "difficult decisions" on prioritizing. NTIA staffers are, in the meantime, looking to telecom-savvy administration officials such as the National Economic Council's Grace Koh and Office of Science and Technology Policy's Kelsey Guyselman: "We're working with them to keep the trains moving until we have our new political leadership on board," Reynolds said. Reminder: Redl, Guyselman and Koh all worked together recently as GOP telecom staffers for House E&C.

In the wake of deadly protest violence in Charlottesville, the liberal Bay Area will find itself at the epicenter of conservative demonstrations beginning this weekend. Even though planning for two of the Bay Area protests apparently began before the clashes in Virginia, the death of a 32-year-old woman there and the images of protesters with torches reminiscent of the Ku Klux Klan, is casting a glaring spotlight on far-right actions here. Three hard-right actions are planned this month, starting at Google in Mountain View on Aug 19, with another Aug. 26 in San Francisco and a third in Berkeley on Aug. 27. This region, famous as a center of resistance to President Donald Trump and a haven of political correctness, makes an attractive target for the far right, said Texas Southern University history professor Cary Wintz. “You’re taking your fight directly to Satan,” Wintz said.

Though they received only a two-week extension to a deadline for public comments on proposed changes to network neutrality rules, rather than the eight weeks they had sought, net neutrality proponents say they remain focused on making sure the Federal Communications Commission continues to hear from the public.

On Aug 11, Daniel Kahn, chief of the Competition Policy Division for the FCC’s Wireline Competition Bureau, announced that the Aug. 16 deadline for comments had been extended until Aug. 30. Ed Black, president and CEO of the Computer & Communications Industry Association, said that while a longer extension would have bolstered net neutrality proponents’ arguments, the most important thing was ensuring the FCC actually listened to the public. “Most of us feel that while we’d like more time to make our arguments better, the truth is what’s most important is if the comments would be heard with an open and fair mind and not presumptively judged ahead of time — which seems to be the signals that are coming out of the leadership of the FCC,” Black said.

[Commentary] The proposed witness list for a September network neutrality hearing at the House Commerce Committee betrays a dismaying ignorance about why net neutrality is an issue.

The committee set the hearing up as something of a clash of titans, inviting the chief executives of the largest broadband providers and the biggest Internet companies, such as Google, Facebook and Netflix. The only thing missing was a steel cage. The point of having net neutrality rules isn’t to protect multibillion-dollar Internet companies. It’s to give other companies a chance to join or topple them. The rapid pace of technological change makes even companies with enormous economies of scale vulnerable to disruption, especially when consumers can easily switch from one shiny online object to the next. Curiously, Federal Communications Commission Chairman Ajit Pai and other Republicans have voiced less concern about the prospects of these smaller online businesses — the ones likely to inject a crucial dose of innovation into the 21st century economy — than the ability of giant, consolidating broadband providers to invest in faster, more widely available services. Better broadband connections in rural America, poverty-stricken inner cities and other underserved areas is a most worthy goal. But those connections shouldn’t come at the cost of net neutrality.

If Republican lawmakers don’t like applying decades-old utility-style regulation to broadband providers, they need to work with Democrats to give the commission explicit new authority to protect the open Internet from interference. Otherwise, the fight over how to do that will be always-on too.

By this Order, the Federal Communications Commission extends the deadline for filing reply comments in response to the Restoring Internet Freedom Notice of Proposed Rulemaking until August 30, 2017. The Restoring Internet Freedom Notice of Proposed Rulemaking set dates for filing comments and reply comments of July 17 and August 16, 2017, respectively. While it is the policy of the Commission that “extensions shall not be routinely granted,” we find that an extension of the reply comment deadline is appropriate in this case in order to allow interested parties to respond to the record in this proceeding. We find that permitting interested parties an additional two weeks in which to file their reply comments will allow parties to provide the Commission with more thorough comments, ensuring that the Commission has a complete record on which to develop its decisions.