Wireless Internet

A bi-partisan coalition of 43 Congressional Reps is asking the Federal Communications Commission to reserve at least three TV white space channels in the 600 MHz band to support rural broadband deployments. “We believe that the television white spaces (TVWS) have strong potential to revolutionize broadband internet accessibility in rural areas,” wrote the coalition in a letter to the FCC. The coalition was led by Rep Kevin Cramer (R-ND) but also included some Democratic representatives, including Rep Anna Eshoo (D-CA).

The three channels referenced would include the duplex gap between 652-663 MHz, Channel 37 (608-614 MHz) and an additional vacant channel in the post-auction broadcast TV band (54-608 MHz), the letter stated. The channels would be reserved for unlicensed use. If the idea of reserving three channels below 700 MHz for rural broadband sounds familiar, it may be because that’s what Microsoft has asked for to support the company’s plan to spur the deployment of TV white spaces technology to unserved rural areas. The 600 MHz band initially was licensed to television broadcasters but a portion of that band will now be repurposed for wireless use. A recent auction gave broadcasters the option of voluntarily relinquishing spectrum and sharing the auction proceeds with the government.

[Commentary] Microsoft recently made a Very Serious Announcement about deploying unused television airwaves to solve the digital divide in America. News outlets ate it up. Here's what's really going on: Microsoft is aiming to be the soup-to-nuts provider of Internet of Things devices, software, and consulting services to zillions of local and national governments around the world.

Microsoft doesn't want to have to rely on existing mobile data carriers to execute those plans. Why? Because the carriers will want a pound of flesh—a percentage—in exchange for shipping data generated by Microsoft devices from Point A to Point B. These costs can become very substantial over zillions of devices in zillions of cities. The carriers have power because, in many places, they are the only ones allowed to use airwave frequencies—spectrum—under licenses from local governments for which they have paid hundreds of millions of dollars. To eliminate that bottleneck, it will be good to have
unlicensed spectrum available everywhere, and cheap chipsets and devices available that can opportunistically take advantage of that spectrum.

[Susan Crawford is the John A. Reilly Clinical Professor of Law at Harvard Law School.]

Apple has officially been granted Federal Communications Commission approval for an experimental license to test 5G data technology — specifically in the short-range millimeter wave spectrum in the 28GHz and 39GHz bands. The FCC portioned off those chunks of spectrum last summer for companies to begin testing 5G technology, so it makes sense that Apple would want to start exploring 5G, especially given that it’s a major player in the world of mobile data due to the sheer weight of the iPhone in the market.

Cheap phones are coming at the price of your privacy, security analysts discovered.

At $60, the Blu R1 HD is the top-selling phone on Amazon. In November 2016, researchers caught it secretly sending private data to China. Shanghai Adups Technology, the group behind the spying software on the Blu R1 HD, called it a mistake. But analysts at Kryptowire found the software provider is still making the same "mistake" on other phones. At the Black Hat security conference in Las Vegas on Wednesday, researchers from Kryptowire, a security firm, revealed that Adups' software is still sending a device's data to the company's server in Shanghai without alerting people. But now, it's being more secretive about it. "They replaced them with nicer versions," Ryan Johnson, a research engineer and co-founder at Kryptowire, said. "I have captured the network traffic of them using the command and control channel when they did it."

Communities are increasingly deploying IoT devices generally with a goal of improving livability, management, service delivery, or competitiveness. GAO was asked to examine federal support for IoT and the use of IoT in communities. This report describes: (1) the kinds of efforts that selected federal agencies have undertaken to support IoT in communities and (2) how selected communities are using federal funds to deploy IoT projects.

GAO reviewed documents and interviewed officials from 11 federal agencies identified as having a key role in supporting IoT in communities, including agencies that support research or community IoT efforts or that have direct authority over IoT issues. GAO interviewed a non-generalizeable sample of representatives from multiple stakeholder groups in four communities, selected to include a range of community sizes and locations and communities with projects that used federal support. GAO also reviewed relevant literature since 2013 and discussed federal efforts and community challenges with 11 stakeholders from academia and the private sector, selected to reflect a range of perspectives on IoT issues. GAO requested comments on a draft of this product from 11 federal agencies. Five agencies provided technical comments, which GAO incorporated as appropriate. Six agencies did not provide comments.

The Federal Trade Commission announced that a mobile app developed by a New Hampshire software developer was awarded the top prize in the agency’s competition seeking tools to help consumers protect the security of their Internet of Things (IoT) devices. The FTC launched the contest in January to challenge innovators to develop a tool that would help address security vulnerabilities of IoT devices.

With the assistance of an expert panel of five judges, the FTC awarded Steve Castle the $25,000 top prize for his proposal for a mobile app, “IoT Watchdog.” As a software developer, Castle said he was motivated to enter the contest to distill his network security knowledge and experience into a tool that can help users easily determine if their devices are out of date or if their networks are insecure. The mobile app he proposed seeks to help users manage the IoT devices in their home. It would enable users with limited technical expertise to scan their home Wi-Fi and Bluetooth networks to identify and inventory connected devices. It would flag devices with out-of-date software and other common vulnerabilities and provide instructions on how to update each device’s software and fix other vulnerabilities.

Where smart technologies are concerned, the expectation of privacy extends only from the consumer to machine. Once the machine communicates with an outside server – even where data is sent to a server controlled by the product's manufacturer – privacy is violated. Currently, law enforcement can obtain a search warrant compelling a third party to turn over data recorded by the smart device if the company can control or access the information.

The Supreme Court has yet to consider a case that specifically addresses whether, in an era of modern technology where we regularly choose to give personal data to third parties, a person should have an expectation of privacy in the information. As the law stands, once information is voluntarily disclosed to a third party, he does not. One case currently pending at the Supreme Court may tee up the issue of the Third Party Doctrine in the digital age, but until the Court takes on such a case, this premise holds true. It seems the one thing technologists and lawyers alike agree on is that the "right" to privacy could be overcome by technology very soon. The danger is that the new standard will become: You have the right to remain silent, but your smart home does not.

Verizon acknowledged using a new video optimization system but said it is part of a temporary test and that it did not affect the actual quality of video. The video optimization appears to apply both to unlimited and limited mobile plans. But some YouTube users are reporting degraded video, saying that using a VPN service can bypass the Verizon throttling. The Federal Communications Commission generally allows mobile carriers to limit video quality as long as the limitations are imposed equally across different video services despite network neutrality rules that outlaw throttling. The net neutrality rules have exceptions for network management. "We've been doing network testing over the past few days to optimize the performance of video applications on our network," said a Verizon spokesperson. "The testing should be completed shortly. The customer video experience was not affected."

With net neutrality fresh on the minds of many in the United States, it seems that the data speeds at which Verizon Wireless customers can stream Netflix videos have quietly been capped in some instances. Until one or both companies provide clarification, it’s a bit early to point the finger at Verizon. Verizon rivals AT&T and T-Mobile include some level of video “optimization” (better described as throttling) as part of their base unlimited data plans. Sprint does not, and Verizon has never given any indication that it would put a limit on video streaming speeds for unlimited customers.

On July 19, 2017, the Senate Commerce Committee held a hearing to examine the nominations of Ajit Pai, Jessica Rosenworcel, and Brendan Carr for seats on the Federal Communications Commission.

On March 7, President Donald Trump nominated Pai, the FCC’s current chairman, for a second five-year term ending June 30, 2021. Rosenworcel is nominated for a term that would end June 30, 2020. Carr, the current general counsel at the FCC, has actually been nominated for two terms, one expiring June 30, 2018 and the second ending June 30, 2023. Carr served as legal adviser to then-FCC Commissioner Pai for three years before Pai was named chairman and appointed Carr as general counsel.

Committee Chairman John Thune (R-SD) characterized the hearing as both an examination of the nominees and a FCC oversight hearing, “fulfilling a commitment I’ve made to hold regular, biannual oversight hearings of the Commission.” His opinions of the nominees: “In my view, the FCC will be in very good hands when all three of these nominees are confirmed.” He noted Chairman Pai’s efforts around transparency and FCC processes, network neutrality, and robocall prevention.

Sen Bill Nelson (D-FL), the committee’s ranking member, raised issues around all three nominations. Concerning Rosenworcel, he noted that she should not have been forced to step down from the FCC at the end of 2016 when the Senate failed to reconfirm her.

Sen. Nelson identified two concerns about Brendon Carr: 1) “two consecutive terms to which the Senate is being asked to confirm you would provide you with the longest single, initial period of service of any nominee to the FCC” and 2) “it is hard to recall a similar situation where someone was nominated to serve at the commission alongside, rather than to follow, their current boss.” He stressed that it is important to have commissioners who have independent voices and “ones who will fight for consumers and the public interest.” He later asked Carr to cite an issue that he and Chairman Pai disagree on – Carr failed to answer on more than one occasion. “Going forward, I’ll make my own decisions; I’ll call it the way I see it,” Carr said. “I think my record shows that I’m not a shrinking violet.” Sen. Nelson called that response “not confidence-building.”

Finally, Sen. Nelson congratulated Chairman Pai on some recent pro-consumer actions, but said, “[M]any view these most recent consumer protection actions as mere icing on what is otherwise an unpalatable cake. A cake constructed out of actions that eliminate competitive protections, that threaten dangerous industry consolidation, that make the Internet less free and less open, and that weaken critical consumer protections for those most vulnerable.”

Net Neutrality

Network neutrality and the FCC’s 2015 decision to classify broadband internet access service providers as telecommunications providers under Title II of the Communications Act were key issues for the hearing. In his opening remarks, Chairman Thune said,

“I am pleased that Chairman Pai has sought to hit the reset button on the 2015 Title II Order, because, as I have previously said, the FCC should do what is necessary to rebalance the agency’s regulatory posture under current law. I continue to believe, however, that the best way to provide long-term protections for the Internet is for Congress to pass bipartisan legislation. Two and a half years ago I put forward legislative principles and a draft bill to begin the conversation, and I stand ready and willing today to work toward finding a lasting legislative solution that will resolve the dispute over net neutrality once and for all.”

Two senators questioned the nominees about the impact of the Title II decision on broadband investment in the US. Sen. Mike Lee (R-UT) cited stats, offered by broadband providers, that investment has gone down. He took issue with a New York Times story that said investment had gone up since the 2015 order. He said that increase included foreign investment, some of which he said was spurred by the Title II disincentive to invest in the US, and that there was evidence that US infrastructure investment had declined precipitously.

On the other side was Sen. Ed Markey (D-MA) who said that almost half of the venture capital funds, or about $25 billion, invested since 2015 was in Internet-related businesses, with broadband providers investing $87 billion, the highest rate in a decade. Sen Markey said investment and job creation are high, so there is no problem that rolling back Title II or reviewing net neutrality rules would fix.

Both senators asked Chairman Pai for his take on their respective views, but the chairman's answer was cautious given that he has an open proceeding before him and comments on his proposal to roll back Title II and review the rules are still coming in. He said that evidence of decreased investment was one of his concerns, but that the FCC was testing that theory, as well as the opposite, as part of its due diligence.

E-Rate

While Rosenworcel, Carr and Chairman Pai all generally agreed on the importance of the FCC's E-rate program -- which makes broadband services more affordable for schools and libraries -- they initially refrained from an outright promise not to cut its funding. Sen. Ed Markey (D-Mass.) had to ask Rosenworcel a second time before she explicitly said she would not reduce the funding for E-rate. Neither Pai nor Carr would make that commitment.

Broadband Deployment

The three nominees were largely unanimous on measures to expedite rural broadband like “dig once” policies, which require installation of conduits for fiber-optic cable when preparing infrastructure such as roads. The policies aim to reduce cost and limit wait times for installing fiber in different municipalities.

“I think it would be helpful for ‘dig once’ policies and similar policies to be the law of the land,” Chairman Pai told Sen. Amy Klobuchar (D-MN).

“The agency, working with local jurisdictions, should try to come up with a model code — one that includes policies like ‘dig once,’” Rosenworcel said. She added that there should be incentives built in for local communities to adopt the model.

Senators also pressed the three on the need for accurate coverage maps so that subsidies issued to companies to build out their infrastructure are actually targeted to the right places.

“I would hope to get your commitment that the commission will work to ensure that mapping data used at the FCC accurately accounts for on-the-ground mobile coverage,” said Sen. Cory Gardner (R-CO). The nominees affirmed they are committed to working toward ensuring accurate data coverage moving forward.

First Amendment

Sen. Tom Udall (D-NM) pressed all of the nominees on their commitment to the First Amendment in light of the many statements President Trump has made disparaging outlets covering his Administration. Sen. Udall pointed to a story that the White House could use AT&T’s proposed acquisition of Time Warner as a way to punish CNN for its stories and suggested the Administration might want to reward Sinclair by approving Sinclair’s purchase of Tribune television stations. Each of the nominees pledged to speak out against violence or intimidation against journalists. Chairman Pai reiterated that the White House had not contacted him about retaliating against negative news stories and said he would not do so if asked. And he promised that the FCC would not be used to punish media companies or reward others and would be troubled by any attempt to pressure it to do so.

"I have not directly had any conversations with anyone in the administration with respect to media regulatory proceedings," Chairman Pai said. "To the best of my knowledge, no one on my staff or in the FCC has indirectly had any such conversations as well."

“I have consistently stated that I believe … that First Amendment freedoms, including the freedom of the press, are critical,” Pai added. “If I were ever asked by anyone in the administration to take retaliatory action, for instance, in a media regulatory proceeding, I would not do so.”

Conclusion

If all of the hearing’s nominees are confirmed by the full Senate, the FCC would have a 3-2 Republican majority. Senators on the committee have until July 21 to submit additional questions for the nominees who will be given time to reply in writing.