press release

FCC Takes Further Steps to Expand Rural Broadband Deployment

Continuing its work to expand broadband access in rural areas, the Federal Communications Commission amended its rules to help bring high-speed Internet to locations that are very costly to serve. The change allows carriers greater flexibility in planning deployment projects that are funded by the high-cost universal service support program. Today’s change allows carriers to pay for the portion of the excess capital expenditure with their own funds, rather than disallowing support for the project altogether, while continuing to promote the efficient use of universal service.

FCC Takes Steps To Promote Wireless Broadband Deployment

The Federal Communications Commission opened a proceeding to identify and address unnecessary regulatory barriers to wireless infrastructure deployment. The Commission’s goal is to promote the rapid deployment of advanced wireless broadband service to all Americans. The Notice of Proposed Rulemaking (NPRM) begins an examination of how state and local processes affect the speed and cost of infrastructure deployment, and asks for comment on improving state and local infrastructure reviews, such as zoning requests.

Among other things, the NPRM seeks comment on whether siting applications that are not acted on by state or local governments within a reasonable period of time should be “deemed granted” by Commission rules. The NPRM also examines FCC rules and procedures for complying with the National Historic Preservation Act and National Environmental Policy Act. The Commission seeks input on the costs and benefits inherent in the historic preservation and environmental review processes as currently structured and asks what changes could be made to minimize costs and delays.

FCC Gives Noncommercial Stations Greater Fundraising Flexibility

The Federal Communications Commission today voted to relax its third-party fundraising restrictions to permit many noncommercial television and radio stations to air limited fundraisers for the benefit of other non-profit organizations. Noncommercial educational broadcasters (NCEs) – such as public and religious broadcasters – have long been free to solicit funds to support their own operations, including through program-length fundraising events. However, until now, such broadcasters could only conduct on-air fundraising for third parties if they received an FCC waiver or the fundraising activity did not alter or suspend regular programming. Historically, waivers were temporary and given only after a crisis or natural disaster. Today’s action relaxes these rules to permit NCEs to devote up to one percent of their annual airtime to fundraising for third-party organizations that qualify as tax-exempt non-profits under Section 501(c)(3) of the Internal Revenue Code, without having to first seek a waiver from the FCC.

FCC Eases Reporting Burden for Noncommercial Broadcaster Volunteers

The Federal Communications Commission made optional a previously mandatory requirement that compelled the officers and board members of noncommercial educational (NCE) stations to report personal information. NCE broadcasters said that, if left unchanged, this requirement would deter volunteers from serving in these important leadership positions. April 20’s action will allow NCE stations to more readily utilize “special use” registration numbers, which do not require the submission of personal information to the Commission, on their ownership forms.

NCE stations will no longer be required to make “reasonable and good faith efforts” to obtain the information needed to use unique registration numbers for board members and officers—and individuals serving in these important leadership positions will no longer be required to provide such information under the threat of FCC enforcement action. However, the FCC will still require NCEs to submit information about the gender, race, and ethnicity of their governing officers and board members.

Activists RickRoll FCC Chairman Ajit Pai: Never Gonna Give Up on Net Neutrality

On April 20, several activists “RickRolled” the Federal Communications Commission’s open meeting to protest FCC Chairman Ajit Pai’s plans to undermine network neutrality. Singing and dancing along to a recording of the 1987 Rick Astley song "Never Gonna Give You Up," the activists disrupted the agency’s monthly meeting and were escorted from FCC headquarters. “We’re never gonna give up fighting for our online rights,” said Free Press Field Director Mary Alice Crim. “Today’s protest was a reminder to Chairman Pai and his boss Donald Trump that people everywhere love the internet. We will do anything and everything to oppose his efforts to destroy the open internet. More than 4 million took a stand for Net Neutrality in 2015, and we aren’t going to take this sitting down today.”

A Communique on the G-20 Digital Economy Ministerial

The G20 (Group of 20) is a forum for representatives of governments of 20 major economies to consider and address issues of common interest impacting the citizens of these economies. As the president of the G20, Germany initiated a work stream focused on the digital economy. Over the past four months, representatives of the G20 countries have been examining policies and practices that will further the growth, development and deployment of digital economy technologies. These policies and practices cover all aspects of the digital economy, from connecting to the internet, to the use of international standards, to strengthening user confidence in digital technologies, to policies that allow U.S.-headquartered companies to compete around the world.

Recognizing the importance of these factors, the United States signed the G20 Digital Economy Ministerial Declaration. The Declaration recognizes and reiterates many fundamental principles that have made the internet possible and have improved the quality of our lives. By committing with our G20 partners to the free flow of information across national borders, to the protection of intellectual property, to the use of industry-led international standards, and to fair competition, we will ensure that the full potential of the digital economy can be realized, and that our citizens will reap its benefits. The United States government will continue to work with Germany, other G20 partners and all other interested countries to strengthen these fundamental principles, while fighting against efforts to weaken them or create barriers that impede U.S. companies from accessing and competing in foreign markets.

FCC Proposes $400k Fine for Illegal Use of NYPD's Radio System

The Federal Communications Commission has proposed to fine a New York City resident for apparently operating a radio transmitter on frequencies that the FCC licensed to the New York Police Department (NYPD), causing interference with the NYPD’s radio system.

Jay Peralta faces a proposed fine of $404,166 for this egregious conduct. Peralta allegedly transmitted threatening messages directed at NYPD officers. These messages included false bomb threats and false officer-in-distress calls to NYPD dispatchers. This action is a result of an investigation that began in August 2016 when a FCC employee observed a Twitter post about an unlawful intrusion on the NYPD’s radio system. The NYPD provided the FCC with a written statement by Peralta, who is currently in police custody for related charges, in which he apparently acknowledged making nine unauthorized transmissions on the NYPD’s radio system. The proposed fine details the FCC’s allegations of unlawful conduct and proposes the maximum monetary penalty permitted under the law. As with any proposed fine, Peralta has 30 days to respond to this notice. According to his statement to the NYPD, on at least one occasion, Peralta apparently made unauthorized transmissions on the NYPD’s radio system in order to distract officers while his accomplices allegedly committed a robbery.

The Incentive Auction "By the Numbers"

Reverse Auction:
$10.05 billion Revenues to winning broadcast stations
$304 million Largest individual station payout
$194 million Largest non-commercial station payout

Forward Auction:
$19.8 billion Gross revenues (2nd largest in FCC auction history)
$19.3 billion Revenues net of requested bidding credits
$7.3 billion Auction proceeds for federal deficit reduction

Patrick Webre is the New Consumer and Governmental Affairs Bureau Chief at the FCC

Federal Communications Commission Chairman Ajit Pai announced a transition in the leadership of the agency’s Consumer and Governmental Affairs Bureau (CGB). Current Bureau Chief Alison Kutler has decided to leave the agency, and Chairman Pai intends to appoint Patrick Webre as her replacement.

Webre has most recently worked at Jenner & Block in Washington, DC. He served for nine years in several leadership roles at the FCC, including as an Associate Bureau Chief and Chief Programs Officer in CGB, where he helped lead the FCC’s historic transition of broadcast television from analog to digital. He also served as a legal advisor to the chief of the Media Bureau and as an attorney in the Wireless Telecommunications Bureau. Webre has also practiced law in Louisiana, where he earned a bachelor’s degree from Louisiana State University and a juris doctorate from Tulane University Law School. Kutler will be moving to the private sector. Her last day at the agency is expected to be Friday, April 14. Webre is expected to take over as Acting Bureau Chief on Monday, April 17.

Tennessee Broadband Accessibility Act Heads to Governor

The Tennessee Broadband Accessibility Act (HB 529/SB 1215) provides $45 million over three years in grants and tax credits for service providers to assist in making broadband available to unserved homes and businesses. In addition, the plan will permit Tennessee’s private, nonprofit electric cooperatives to provide retail broadband service and make grant funding available to the state’s local libraries to help residents improve their digital literacy skills and maximize the benefits of broadband.

The House of Representatives passed HB 529/SB 1215 93-4, and it now heads to the governor’s desk for signature. The Senate passed the legislation 31-0 on April 3. Tennessee currently ranks 29th in the U.S. for broadband access, with 34 percent of rural Tennessee residents lacking access at recognized minimum standards.

Gov. Bill Haslam (R-TN) praised the passage of the Tennessee Broadband Accessibility Act, the governor’s legislation to increase broadband access to Tennessee’s unserved citizens.

USAC Announces that Qualifying Rural Health Care Program Applicants Will Not Receive Full Funding

After a comprehensive review of funding request forms (FCC Forms 462 and 466) received during the second filing window period for FY2016 (i.e., September 1 – November 30, 2016), USAC will begin issuing funding commitment letters (FCLs) on April 10, based on the total dollar value of all qualifying funding requests received during the September – November 2016 filing window period. The total dollar value of all qualifying funding requests received during this filing window period was $274,725,249. Because this amount exceeds the RHC Program funding available of $254,255,017 at the beginning of the September – November filing window period, funding requests submitted during the September – November filing window period will receive a pro-rated percentage of the qualifying funding requested. The pro-rata percentage for the FY2016 September – November filing window period is 92.5% (reduction of 7.5%) for the qualifying funding requests. The exact amount of funding each qualifying funding request will receive will be detailed in the FCLs.

John Windhausen, the Executive Director of the Schools, Healthcare and Libraries Broadband Coalition, said, “The SHLB Coalition appreciates the difficult position faced by USAC, the Federal Communications Commission (FCC) and applicants in the Rural Health Care (RHC) Program. For the first time, demand for RHC program funding in FY 2016 has exceeded the $400 Million cap, and as a result, several rural telehealth providers will suffer reductions in funding. Unfortunately, this will mean that many rural health centers will be forced to pay more to maintain their existing telemedicine connections, and some of these clinics may be forced off the network altogether, which jeopardizes the quality of health care delivered to rural America. This funding crisis points to the need for comprehensive reform of the RHC program, which the SHLB Coalition requested in its Petition for Rulemaking filed in December 2015. The RHC program is the only one of the four Universal Service Fund programs that has not been fully reformed, and we urge the FCC to move forward to upgrade this program as soon as possible.”

President Donald Trump Announces Intent to Nominate Intellectual Property Enforcement Coordinator and Administrator of the Office of Information and Regulatory Affairs

President Donald J. Trump announced his intent to nominate key additions to his Administration:

  • Vishal J. Amin of Michigan to be Intellectual Property Enforcement Coordinator in the Executive Office of the President. Mr. Amin is currently Senior Counsel on the House Judiciary Committee. Earlier in his career, he served in the Administration of President George W. Bush at the White House, as Associate Director for Domestic Policy, and at the U.S. Department of Commerce, as Special Assistant and Associate Director for Policy in the Office of the Secretary. He received his bachelor's degree in neuroscience from Johns Hopkins University and his law degree from Washington University in St. Louis.
  • Neomi Rao of Washington, D.C. to be the Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget. Ms. Rao is a professor at the Antonin Scalia Law School at George Mason University, where she founded and directs the Center for the Study of the Administrative State. Her research and teaching focuses on constitutional and administrative law. Currently a public member of the Administrative Conference of the United States, Ms. Rao has previously served in all three branches of the federal government. She served as Associate Counsel to President George W. Bush; counsel for nominations and constitutional law to the U.S. Senate Committee on the Judiciary; and law clerk to Justice Clarence Thomas of the U.S. Supreme Court. She practiced public international law and arbitration at Clifford Chance LLP in London. Ms. Rao received her JD with high honors from the University of Chicago and her BA from Yale University.

What 100K Can Do for Civic Journalism in Chicago

We’re thrilled to announce that City Bureau has received a $100,000 grant from the Voqal Foundation to continue its work creating equitable, community-centered coverage on Chicago’s South and West Sides. This comes on the heels of a generous $75,000 grant from the McCormick Foundation, an early supporter of City Bureau. With these grants, Voqal and McCormick renew their commitment to supporting media that is from and for the public. We feel lucky to spend our days building an innovative model for participatory journalism by supporting the work of emerging, diverse and civically engaged journalists in Chicago—and we’re grateful for the financial support needed to continue that work.

FTC, Amazon to Withdraw Appeals, Paving Way for Consumer Refunds Related to Children’s Unauthorized In-App Charges

The Federal Trade Commission and Amazon have agreed to end appeals related to 2016’s court findings that the company billed consumers for unauthorized in-app charges incurred by children, paving the way for affected consumers to seek refunds from the online retailer shortly. A federal district court found in April 2016 that Amazon billed consumers for unauthorized in-app charges incurred by children using mobile apps such as online games downloaded through the company’s app store. The court found that Amazon failed to get parents’ consent for in-app charges made by their children. In that same ruling, the court also denied the FTC’s request for an injunction that would have forbidden Amazon from similar conduct in the future.

The FTC appealed the denial of the injunction, and Amazon then cross-appealed the court’s ruling that the company had violated the law. The district court stayed its order requiring Amazon to begin offering refunds to injured consumers while the appeals were pending. The decision by the FTC and Amazon to end their litigation will allow the refund process to begin shortly. More than $70 million in in-app charges made between November 2011 and May 2016 may be eligible for refunds. Details on the refund program, which Amazon will operate, will be announced shortly.

Tom Sorley to lead FirstNet’s Public Safety Advisory Committee

FirstNet is pleased to announce, after a thorough search by our Board Chair Sue Swenson, and Board Vice Chair Jeff Johnson, Tom Sorley has been selected to serve as the new Chair of the Public Safety Advisory Committee (PSAC).

Sorley has served as a PSAC Vice Chair for four years, and is the PSAC representative from the US Conference of Mayors. As the current Deputy Chief Information Officer (CIO) - Public Safety for the City of Houston Information Technology Services (HITS), he is responsible for direct oversight of radio communications and IT services for the Houston Emergency Center, the city’s combined dispatch and emergency operations center. Sorley’s more than 30 years of public safety experience also includes work as the Public Safety Communications Division Manager for Orange County (FL). He holds a Bachelor's degree in Professional Management as well as a Masters of Business Administration from Nova Southeastern University.

Reps Kinzinger and Loebsack Introduce the Bipartisan ‘Rural Spectrum Accessibility Act’

Reps Adam Kinzinger (R-IL) and Dave Loebsack (D-IA) introduced the Rural Spectrum Accessibility Act (HR 1814) to expand wireless coverage in rural communities. This bipartisan effort would provide incentives for wireless carriers to make unused spectrum available for rural use and for smaller carriers. “The future of economic development in Iowa and across the country depends, in large part, on access to the internet and mobility,” said Rep Loebsack. “I have met with many small businesses, farmers, and rural telecommunication companies who have stressed the importance of mobile internet access in rural areas. I am pleased to work with Rep Kinzinger to introduce this legislation that will increase access to wireless broadband to help boost economic development, education opportunities and job growth in rural.”

FCC Announces Tentative Agenda For April 2017 Open Meeting

Federal Communications Commission Chairman Ajit Pai announced that the following items are tentatively on the agenda for the April Open Commission Meeting scheduled for Thursday, April 20, 2017:

Connect America Fund: The Commission will consider an Order on Reconsideration that would amend the construction project limitation within section 54.303 of the Commission’s rules to permit carriers to report, for universal service purposes, capital expenses per location up to the established per-location per-project limit, rather than disallowing all capital expenses associated with construction projects in excess of the limit. (WC Docket Nos. 10-90 and 14-58; CC Docket No. 01-92)
Wireline Infrastructure Deployment: The Commission will consider a Notice of Proposed Rulemaking, Notice of Inquiry, and Request for Comment that would propose to remove regulatory barriers to infrastructure investment, suggest changes to speed the transition from copper networks and legacy services to next-generation networks and services dependent on fiber, and propose to reform Commission regulations that are raising costs and slowing, rather than facilitating, broadband deployment. (WC Docket No. 17-84)
Wireless Infrastructure Deployment: The Commission will consider a Notice of Proposed Rulemaking and Notice of Inquiry that commences an examination of the regulatory impediments to wireless network infrastructure investment and deployment, and how the Commission may remove or reduce such impediments consistent with the law and the public interest. (WT Docket 17-79; WT Docket 15-180)
Business Data Services: The Commission will consider a Report and Order that recognizes the strong competition present in the business data services market and modernizes the Commission’s regulatory structure accordingly to bring ever new and exciting technologies, products, and services to businesses and consumers. (WC Docket Nos. 16-143, 15-247, 05-25; GN Docket No. 13-5; RM-10593)
Reinstating the UHF Discount: The Commission will consider an Order on Reconsideration to reinstate the UHF discount used to calculate compliance with the national television audience reach cap. (MB Docket No. 13-236)
Noncommercial Educational Station Third-Party Fundraising: The Commission will consider a Report and Order that would adopt rules permitting NCE stations not funded by the Corporation for Public Broadcasting to alter or suspend regular programming in order to conduct fundraising for third-party non-profit organizations so long as such stations do not spend more than one percent of their total annual airtime on such activities. (MB Docket No. 12-106)
Promoting Diversification of Ownership in the Broadcasting Services: The Commission will consider an Order on Reconsideration that would allow noncommercial broadcasters greater flexibility to use a Special Use FRN for ownership reporting purposes and avoid the need to submit personal information to the Commission. (MB Docket No. 07-294; MD Docket No. 10-
234)

FirstNet Partners with AT&T to Build $46.5 Billion Wireless Broadband Network for America’s First Responders

The Department of Commerce and First Responder Network Authority (FirstNet) announced the selection of AT&T to build the first nationwide wireless broadband network dedicated to America’s first responders. This record-breaking public-private partnership is a significant investment in the communications infrastructure that public safety desperately needs for day-to-day operations, disaster response and recovery, and securing of large events. It will also make 20 MHz of prime broadband spectrum available for private-sector development. The broad terms of this 25-year agreement between FirstNet and AT&T are:

FirstNet will provide 20 MHz of high-value, telecommunications spectrum and success-based payments of $6.5 billion over the next five years to support the Network buildout – FirstNet’s funding was raised from previous Federal Communications Commission spectrum auctions;
AT&T will spend about $40 billion over the life of the contract to build, deploy, operate and maintain the network, with a focus on ensuring robust coverage for public safety;
Additionally, AT&T will connect FirstNet users to the company’s telecommunications network assets, valued at more than $180 billion.

This innovative public-private partnership will create more than 10,000 new jobs and ensure public safety has a voice in the growth and evolution of the Network. In addition, FirstNet and AT&T will maximize the resources they are bringing to the partnership to create a financially self-sustaining network.

House Communications Subcommittee Examines Nation’s 911 Networks

The House Commerce Committee’s Communications and Technology Subcommittee, chaired by Rep. Marsha Blackburn (R-TN), held a hearing entitled, “Realizing Nationwide Next-Generation 911.” A fun time was had by all.

The voice, text, video and data capabilities of today’s smartphones have redefined the way we communicate and live our lives and our first responders will soon have the robust broadband communications capabilities of FirstNet. But the nation’s 911 network – which ties the public to our first responders – may not be keeping pace with these technologies. The Subcommittee examined where the nation currently stands in modernizing our 911 services with these next generation technologies and avenues to move this critical component to public safety forward.

White House Statement on Senate Resolution on Broadband Privacy Rule

The Administration strongly supports House passage of Senate Joint Resolution 34, which would nullify the Federal Communications Commission’s final rule titled "Protecting the Privacy of Customers of Broadband and Other Telecommunication Services," 81 Fed. Reg. 87274 (December 2, 2016). The rule applies the privacy requirements of the Communications Act of 1934 to broadband Internet Service Providers (ISPs) and other telecommunications carriers. In particular, the rule requires ISPs to obtain affirmative "opt-in" consent from consumers to use and share certain information, including app usage and web browsing history. It also allows ISPs to use and share other information, including e-mail addresses and service tier information, unless a customer "opts-out." In doing so, the rule departs from the technology-neutral framework for online privacy administered by the Federal Trade Commission. This results in rules that apply very different regulatory regimes based on the identity of the online actor.

If SJ Res 34 were presented to the President, his advisors would recommend that he sign the bill into law.

Consumer Alert: 'Can You Hear Me' Scams

The Federal Communications Commission is alerting consumers to be on the lookout for scam callers seeking to get victims to say the word “yes” during a call and later use a recording of the response to authorize unwanted charges on the victim's utility or credit card account.

Tens of Thousands Urge FCC Chairman Pai to Get Serious About the Digital Divide, Stop Restricting Lifeline Services

On March 23, a coalition of digital rights advocates, racial justice groups and grassroots activists called on Federal Communications Commission Chairman Ajit Pai to make a more genuine effort to provide affordable internet access for low-income communities. In comments filed as part of an agency proceeding on its Lifeline program, members of Voices for Internet Freedom called on the FCC to reverse a February order revoking the Lifeline status of nine internet-access providers, and to fully implement the Lifeline Modernization Order passed in 2016. The Voices filing notes that the FCC’s revocation “erodes Lifeline's promise to bring affordable broadband to low-income consumers.”

Voices is urging the Commission to avoid any future effort to undermine Lifeline reforms put in place by former FCC Chairman Tom Wheeler, former Commissioner Jessica Rosenworcel and Commissioner Mignon Clyburn. Free Press has received more than 13,000 comments from people across the country protesting Pai’s attacks on Lifeline and supporting the expansion of the program to broadband. Another 18,000 public comments were filed by Demand Progress, a digital rights group urging the FCC to support Lifeline and close the digital divide for those who need access most.

Justice Department Settles Civil Antitrust Claim Against AT&T and DIRECTV for Orchestrating Information Sharing Agreements with Competitors

The Department of Justice reached a settlement that will prohibit DIRECTV and its parent corporation, AT&T, from illegally sharing confidential, forward-looking information with competitors.

The department’s Antitrust Division filed suit on Nov. 2, 2016, alleging that DIRECTV was the ringleader of a series of unlawful information exchanges between DIRECTV and three of its competitors – Cox Communications, Charter Communications and AT&T (before it acquired DIRECTV) – during the companies’ negotiations to carry the SportsNet LA “Dodgers Channel.” SportsNet LA holds the exclusive rights to telecast almost all live Dodgers games in the Los Angeles area. The settlement, which will obtain all of the relief sought by the department in its lawsuit, will ensure that when DIRECTV and AT&T negotiate with providers of video programming, including negotiations to telecast the Dodgers Channel, they will not illegally share competitively-sensitive information with their rivals. The settlement also requires the companies to monitor certain communications their programming executives have with their rivals, and to implement antitrust training and compliance programs.

2017 Charles Benton Digital Equity Champion Award

The second Charles Benton Digital Equity Champion Award will be presented in May at Net Inclusion 2017 in St. Paul (MN) by the National Digital Inclusion Alliance (NDIA). This is a call for nominations for candidates for the award.

Digital Equity is a condition in which all individuals and communities have the information technology capacity they need for full participation in our society, democracy and economy. Digital Equity is necessary for civic and cultural participation, employment, lifelong learning, and access to essential services. Named for Charles Benton, the founder of the Benton Foundation, the award was created by NDIA to recognize leadership and dedication in advancing digital equity: from promoting the ideal of accessible and affordable communications technology for all Americans, to crafting programs and policies that make it a reality.

The deadline for nominations for this year’s award is midnight (Eastern Daylight Time) Friday, April 14, 2017.