Agenda

The following Agenda items have been adopted by the Commission, and deleted from the list of items scheduled for consideration at the Tuesday, September 26, 2017, Open Meeting and previously listed in the Commission’s Notice of Tuesday, September 19, 2017:

1. Cable Television Technical and Operational Standards (MB Docket No. 12-217): The Commission will consider a Report and Order that modernizes its cable television technical rules to reflect the cable industry’s use of digital transmission systems.
2. Revitalization of the AM Radio Service (MB Docket No. 13-249): The Commission will consider a Third Report and Order that will relax or eliminate certain rules pertaining to AM broadcasters employing and maintaining directional antenna arrays.

With this Public Notice the Wireline Competition Bureau seeks comment on the sufficiency of budgets for category two services under the E-rate program (more formally known as the schools and libraries universal service support program). In the E-rate Modernization Orders, the Commission adopted five-year, pre-discount budgets for schools and libraries. When the Commission adopted these rules in 2014, it established a five-year test period to allow the Commission to determine whether the applicant budgets were effective in ensuring greater access to E-rate funding for internal connections. The Commission directed the Bureau to report on the sufficiency of these applicant budgets before the filing window for funding year 2019 opens. In particular, the Commission directed the Bureau to use FCC Form 471 data from funding years 2015 through 2018 to analyze trends across different types of applicants or regions in the nation, particularly schools that serve students with special education services.

In preparation for this report, we seek comment on the sufficiency of the category two budgets. Specifically, we seek comment from applicants, service providers, and other interested parties about how applicants have used their budgets and the percentage of category two services purchased by applicants that were or will be covered by the budget. Interested parties may file comments on or before October 23, 2017 and reply comments on or before November 7, 2017. Comments and reply comments should reference WC Docket No. 13-184.

A group of Democratic Sens is asking the Federal Communications Commission to delay its effort to repeal the Obama-era net neutrality regulations in order to review a trove of recently-released documents related to the proceeding. The nine senators, led by Sen Edward Markey (D-MA), wrote to FCC Chairman Ajit Pai asking if the new documents had been taken into account by the agency when deciding to roll back the rules. “Although the Commission has undertaken an historic proceeding to undo the Open Internet Order, the FCC has failed to provide stakeholders with an opportunity to comment on the tens of thousands of filed complaints that directly shed light on proposed changes to existing net neutrality protections,” the letter reads.

It's hard to run a successful business without access to high speed broadband. That was the message that repeatedly surfaced as Senate Democrats discussed issues important to rural America during a rural summit on Sept. 13.

Sen Tammy Baldwin (D-WI) joined senators from Montana, Delaware. North Carolina, Minnesota, Michigan and other states, along with national leaders, to discuss issues important to rural America, with an emphasis on boosting economic opportunity. Representing Wisconsin, Sen Baldwin was joined by Wisconsin Farmers Union President Darin Von Ruden and James Wessing, president of Kondex Corporation in Lomira.

In describing the importance of rural communities, Senator Amy Klobuchar (D-MN) pointed out that about 60 million Americans live in rural areas, which is equivalent to 20 percent of the US population. However, the other 80 percent of the nation's population relies on that 20 percent for their food, energy and "so much of what they need to survive day to day."

In a new report from the Internet Society, a think tank founded by Vint Cerf, authors recommend governments take a “multistakeholder” approach—inviting members of the public and representatives from various industries—to create “consensus policy” surrounding the internet. They could determine what should be censored, how encryption affects national security, and whether citizens maintain their personal freedoms online. That approach is distinct from the “multilateral” approach in which several governments work together, excluding representatives from civil society. “Measures that may be intended to secure cyberspace will increasingly undermine personal rights and freedoms,” the report predicted. “If current trends are any indication, more and more governments will restrict and control Internet use and access through censorship, network shutdowns and other means.”

After years of largely avoiding regulation, businesses like Facebook, Google and Amazon are a focus of lawmakers, some of whom are criticizing the expanding power of big tech companies and their role in the 2016 election.

The attacks cover a smattering of issues as diverse as antitrust, privacy and public disclosure. They also come from both sides, from people like Stephen Bannon, President Trump’s former chief strategist, as well as Sen Elizabeth Warren (D-MA). Many of the issues, like revising antitrust laws, have a slim chance of producing new laws soon. But they have become popular talking points nonetheless, amplified by a series of missteps and disclosures by the companies. The companies, recognizing the new environment in Washington, have started to fortify their lobbying forces and recalibrate their positions.

A group of House and Senate Democrats are calling on the US government to issue new “guidance” to stop foreign advertisers from spending money on Facebook, Google and other web platforms in a bid to influence American elections.

Federal law already bars that sort of political spending, but lawmakers — including Rep. John Sarbanes (D-MD) and Sen. Elizabeth Warren (D-MA) — stress in a letter to the Federal Elections Commission that countries like Russia “have routinely deployed sophisticated tactics in making political expenditures to evade detection.” To that end, the Democrats are asking the FEC — which oversees campaign finance —to offer suggestions for how to crack down on “loopholes” that allow foreign entities to use “corporate or nonprofit designations to evade disclosure.” And they want to help tech companies harden their own platforms to prevent that spending in the first place.

For now, though, the Democrats are asking the watchdog agency to issue a timeline for action and respond to their questions no later than Oct. 4.

“The Open Internet exists today, and it is under attack.” That was the dire message Tom Wheeler, former Chairman of the Federal Communications Commission, had for the audience of the Benton Foundation hosted event at 1871 on September 18. What is the Open Internet? Take, for example, the Facebook Live video of his entire speech. As Wheeler put it, no one had to ask permission from a major internet provider to broadcast it to the world. But the FCC under the current administration has done an about-face in policy, signaling they may be looking to reverse protections for consumers and make it much easier for large broadband providers to restrict access to certain content, throttle up and download speeds and perhaps prevent innovators and entrepreneurs from freely distributing their services.

Media consolidation and deregulation critics are trying to prevent Federal Communications Commission Chairman Ajit Pai from being confirmed for a new term, tying it to what they say are continuing questions about the FCC's handling of the Sinclair/Tribune merger, plus their concerns about the merger itself. Pai's term expired in June, but he can continue to serve until the end of 2018 even if he does not get confirmed for re-nomination. Allied Progress, IBEW Broadcasting, Latino Victory Project, and CREDO Action say Republicans are trying to "rush" reconfirmation through in the next few weeks.

President Donald Trump has previously threatened to break up Comcast while repeatedly taken aim at one of its rivals, AT&T, as the wireless giant inches closer to purchasing Time Warner. But Comcast’s leading voice in Washington, DC — David Cohen — said that the regulatory climate for big mergers remains as friendly as ever in the nation’s capital, no matter what President Trump himself has said.

“Overall, this president and this administration is likely less hostile to horizontal growth or even vertical growth in the telecom space and elsewhere,” said Cohen. By horizontal, Cohen meant mergers that open companies to new lines of business; with respect to vertical, he was referring to deals that combine two companies that directly compete against each other. “I don’t think that’s a license for ‘anything goes,’” Cohen continued. But, he added there’s “pretty clearly going to be less hostility and a greater willingness to allow the market to work.”