Wireless Telecommunications

Fourteen of the biggest US tech companies filed a brief with the Supreme Court on Aug 14 supporting more rigorous warrant requirements for law enforcement seeking certain cell phone data, such as location information. In the statement, the signatories—Google, Apple, Facebook, and Microsoft among them—argue that the government leans on outdated laws from the 1970s to justify Fourth Amendment overreach. One perhaps surprising voice in the chorus of protesters? Verizon.

Verizon's support means that the largest wireless service provider in the US, and a powerful force in Silicon Valley, has bucked a longtime trend of telecom acquiescence. While carriers have generally been willing to comply with a broad range of government requests—even building out extensive infrastructure to aid surveillance—Verizon has this time joined with academics, analysts, and the company’s more privacy-focused corporate peers. Carpenter v. United States is “one of the most important Fourth Amendment cases in recent memory,” wrote Craig Silliman, Verizon’s executive vice president for public policy and general counsel. “Although the specific issue presented to the Court is about location information, the case presents a broader issue about a customer’s reasonable expectation of privacy for other types of sensitive data she shares with any third party.… Our hope is that when it decides this case, the Court will help us better apply old Fourth Amendment doctrines to an evolving digital era.”

More than a dozen high technology companies and the biggest wireless operator in the United States, Verizon, have called on the US Supreme Court to make it harder for government officials to access individuals' sensitive cellphone data. The companies filed a 44-page brief with the court Aug 14 in a high-profile dispute over whether police should have to get a warrant before obtaining data that could reveal a cellphone user's whereabouts.

Signed by some of Silicon Valley's biggest names, including Apple, Facebook, Twitter, Snap, and Alphabet's Google, the brief said that as individuals' data is increasingly collected through digital devices, greater privacy protections are needed under the law. "That users rely on technology companies to process their data for limited purposes does not mean that they expect their intimate data to be monitored by the government without a warrant," the brief said.

The Federal Communications Commission is seeking input on how it should gauge whether broadband is being deployed in a timely manner — a determination the commission makes annually in the FCC Broadband Progress Report. Under consideration is “whether some form of advanced telecommunications capability, be it fixed or mobile, is being deployed to all Americans in a reasonable and timely fashion.” Alternatively, the commission asked for input on whether it should consider an area to be served only if both fixed and mobile broadband are available there. Traditionally the report has only considered fixed service in gauging broadband deployment progress.

A startup that wants to build a mobile data network to fuel the Internet of Things is trying to convince regulators to let it use crucial airwaves. It's the second time the company, now called Ligado Networks, has fought this battle. Its previous iteration, backed by Phil Falcone and called LightSquared, hit a dead-end 5 years ago. Now it's back with a new name, lots of money and well-connected allies as it tries to strike gold with connected devices, which it says it can serve using a combination of satellite airwaves and traditional spectrum — creating a sort of hybrid network. If successful, Ligado could become an important Internet of Things player and produce a big payout for big-name investors like Centerbridge Partners, Fortress Investment Group and J.P. Morgan Chase (the industrial Internet of Things market could be worth $110 billion by 2020, according to estimates).

But Ligado's years-long corporate drama shows the risks involved in making bets on technologies that hinge on regulatory approval. FCC Chairman Ajit Pai hasn't tipped his hand, and there are no indications that a decision is imminent. "We have no update to provide that this point. We're studying the issue," he said recently, adding the agency is listening to all stakeholders. But Ligado is on the clock: it was reported earlier in 2017 that the company was working with bankers to explore a possible sale or find another investment.

Sprint plans to support 180,000 low-income high school students with free wireless devices and connectivity. About 70% of America’s high school teachers assign homework that requires online connectivity, yet low-income students often don’t have the broadband at home that they need to complete their schoolwork. It’s a problem known as the “Homework Gap” that affects more than 5 million families.

As part of the 1Million Project, the Sprint Foundation is ponying up to supply service and equipment for up to four years while the kids finish high school. The first year of the five-year project kicks off this week, to encompass more than 1,300 schools across 32 states. The initiative should impact 180,000 students. Over the course of the program, the hope is to help up to 1 million high schoolers who lack internet access at home.

As the Trump administration undertakes rural broadband access expansion, stakeholders disagree on ways to reach the target. At issue is a recent order adopted by the Federal Communications Commission during its August open meeting, which lowered the threshold for federal subsidies to expand mobile broadband from 10 to 5 megabits per second. There’s a discernible difference between those speeds: Basic web surfing is doable at 5 mbps. At 10 mbps, activities like video streaming become possible. According to a 2017 state of the internet report by technology firm Akamai, average mobile speed in the United States is just over 10 mbps. But rural areas have languished due to the low returns on investment for providers building the necessary infrastructure where there aren’t a lot of rate payers. The FCC plans to auction off the $4.53 billion in its mobility fund — MF-II — over the next ten years for companies to offer service in these high-cost areas.

In changing the target speeds for determining eligible areas, the FCC cited a petition by T-Mobile USA Inc., which argued that lowering the target speed to 5 mbps would help channel the subsidies to areas where there isn’t any of the necessary infrastructure, and are considered “unserved.” Rural wireless carriers say changing the speed target undermines work they’ve already done to deliver service. And they point to an earlier FCC assessment, under previous leadership, about the insufficiency of 5 mbps for delivery of services to rural Americans. Rural wireless carriers argue the change could threaten existing broadband service in “underserved” areas.

American Internet users are telling the Federal Communications Commission that mobile broadband is not a full replacement for fast home Internet service. The week of Aug 7, the FCC kicked off its annual analysis of broadband deployment and signaled that it might determine that smartphone access is a proper substitute for cable or fiber Internet. In doing so, the FCC could conclude that broadband is already being deployed to all Americans in a reasonable and timely fashion, and thus the commission could take fewer steps to promote deployment and competition.

There have been over 300 new comments filed since we wrote about this two days ago, almost universally lambasting the FCC's suggestion that Americans might not need fast home Internet service and could make do with mobile broadband only. Mobile is hindered by data caps, limits on tethering, and reliability problems that make it fall short of a wired Internet connection, people told the FCC.

[Commentary] A new Broadband Access Coalition of internet service providers has joined forces with consumer, schools and health care advocacy groups to petition the Federal Communications Commission to open up the airwaves for spectrum best suited to a new, superfast broadband service for the whole of America.

This new approach does not rely solely on fiber, which is costly and difficult to deploy, but instead harnesses wireless broadband. This technology can be deployed at up to one tenth the cost of laying new fiber cabling to homes, with far fewer disruptions and project delays. It can also bring new superfast Wi-Fi services to areas that have no or little choice over their broadband provider. 94 percent of our internet traffic traverses Wi-Fi and home or business broadband connections – not more expensive cellular airwaves. The coalition’s petition proposes to open up new wireless spectrum for improving broadband services cost-effectively. This spectrum can provide great coverage in underserved rural areas, and can stimulate new competitive Internet Service Providers to enter the market and connect dense suburban areas. Unfortunately, the mobile industry is lobbying to secure this new spectrum band for its own exclusive use. The new wireless approach means consumers no longer have to be tethered to any physical infrastructure. Unlike challenging other traditional utilities, action doesn’t require consumers to overhaul their homes – all they have to do is make their voices heard.

[Fink is the CPO and Co-Founder of Mimosa Networks]

As Internet-based distributors move up and down the stack to become vertically integrated platforms with a preferred suite of affiliated content, there is a growing concern among policymakers that innovation among independent content creators and websites may be threatened. More fundamentally, the Internet is not one thing—it is many things, and our current regulatory regimes are struggling to address that complexity. These new platforms give rise to potential conflicts of interest, in which it might pay for a vertically-integrated platform owner to sacrifice some profits (if any) in its distribution division in order to support an affiliated (or favored, third-party) application.

This essay focuses on identifying and fixing this potential regulatory gap when crafting a “net neutrality” policy—a set of rules or standards designed to spur innovation at the “edge” of the Internet by preventing Internet service providers (ISPs) from engaging in discriminatory conduct. But the essay could just as easily be directed at the powerful online platforms wielded by Amazon, Facebook, or Google. The applicability of this remedy to other parts of the Internet is natural, not because market power is paramount there (though it certainly exists), but because there is a large enough threat to innovation in adjacent markets to online shopping, social media, and search, respectively.

[Singer is Principal, Economists Inc., and Senior Fellow, George Washington Institute of Public Policy. The author has served as a consultant to both ISPs and independent cable networks in regulatory matters.]

Americans might not need a fast home Internet connection, the Federal Communications Commission suggests in a new document. Instead, mobile Internet via a smartphone might be all people need. The suggestion comes in the FCC's annual inquiry into broadband availability. Section 706 of the Telecommunications Act requires the FCC to determine whether broadband (or more formally, "advanced telecommunications capability") is being deployed to all Americans in a reasonable and timely fashion.

During the Obama administration, the FCC determined repeatedly that broadband isn't reaching Americans fast enough, pointing in particular to lagging deployment in rural areas. These analyses did not consider mobile broadband to be a full replacement for a home (or "fixed") Internet connection via cable, fiber, or some other technology. But with Republican Ajit Pai now in charge, the FCC seems poised to change that policy by declaring that mobile broadband with speeds of 10Mbps downstream and 1Mbps upstream is all one needs. In doing so, the FCC could conclude that broadband is already being deployed to all Americans in a reasonable and timely fashion, and thus the organization would take fewer steps to promote deployment and competition.