press release

Chairmen Upton and Walden Seek Clarification of Statute to Advance Wireless Broadband

House Commerce Committee Chairman Fred Upton (R-MI) and Communications and Technology Subcommittee Chairman Greg Walden (R-OR) wrote to Federal Communications Commission Chairman Tom Wheeler regarding the commission’s work on the spectrum provisions included in the Middle Class Tax Relief and Job Creation Act of 2012.

Among those provisions is the requirement that the FCC work with stakeholders to streamline the approval process for upgrading existing wireless facilities. The committee leaders are writing seeking clarity on the rulemaking process and urging the chairman to act in a way that will accomplish the goals of the statute.

In the letter to Chairman Wheeler, Reps Upton and Walden wrote, “We urge you to take swift action to clarify the terms of Section 6409(a) consistent with the intent of the statute to deliver the benefits of wireless broadband access to all Americans. To ensure that 6409(a) achieves its goal of streamlining the approval of eligible facilities requests the commission should adopt rules that provide consistency for applicants and reviewing authorities alike.” The leaders also expressed the urgency for the commission to identify ways to foster broadband infrastructure deployment.

Verizon Responds to the FCC: Fiber is Better, Even for POTS

Verizon filed a response to opposition filed for our copper retirement in Ocean View (VA) and Belle Harbor (NY). As of April 2014, fewer than forty of Verizon’s customers in Ocean View and Belle Harbor remained on copper facilities.

Customers in these two wire centers -- which cover more than 15,000 homes -- have already overwhelmingly made the decision to move to either Verizon’s fiber-based services or to competitors. Completing the migration to Verizon’s more advanced and reliable fiber facilities, and retiring the legacy copper loops and the switches in these wire centers, is not just a logical and efficient step, but it is also an incremental one.

There has been no valid objection to the copper retirement filed by customers living or working in these areas or by providers serving them, and no request for an extension of time made. The claims raised by the very few commenters (none of which is specific to these two wire centers) have no merit under the circumstances here. Most of the customers remaining on copper-based services in these two wire centers today are purchasing plain old telephone service, or POTS.

Following copper retirement, they will continue to receive the same traditional POTS service over fiber on the same terms and conditions and at the same or better price as they received over copper. There is no change in the underlying features and functionalities in their service: voice mail, collect calling, and other features will continue to work just as they did over copper; customers will continue to be able to use fax machines, medical monitoring devices, and home alarms; and accessibility services -- such as relay services used by customers who are deaf or hard of hearing -- also will continue to work as before. There will be no change to customers’ ability to call 911: public safety answering points will receive the same E911 information as before.

Connect Minnesota Releases New Broadband Availability Figures

New research released by Connect Minnesota shows that statewide, 74.93% of Minnesota households have access to fixed broadband at a minimum of 10 Mbps download/6 Mbps upload. However, the data show only 57.07% in rural areas have access at that speed. The data show availability increases since last October in all speed tiers reported by Connect Minnesota as part of the State Broadband Initiative program.

  • 74.93% of Minnesota households can access fixed broadband at speeds of at least 10 Mbps download/6 Mbps upload -- the minimum speed threshold for Minnesota’s goal of ubiquitous broadband availability; when mobile broadband is included, 82.78% of households have access at the state’s speed goal* (excludes satellite). However, only 57.07% of rural households can access these broadband speeds (62.70% including mobile), illustrating the gap in Minnesota rural broadband availability.
  • 89.27% of Minnesota households can access broadband at speeds of at least 10 Mbps download/3 Mbps upload (excludes mobile and satellite services); when including mobile, the percentage increases to 99.51% availability at this speed tier. However, only 75.99% of rural households can access these broadband speeds (excluding mobile and satellite services), indicating a disparity between the urban and rural broadband landscape in the state; when including mobile, rural availability jumps to 98.85%.
  • 96.66% of Minnesota households can access fixed broadband at speeds of at least 3 Mbps download/768 Kbps upload – the speed threshold used by the FCC in making Connect America Fund determinations; if mobile is included, 99.89% of households have access at this speed tier (excludes satellite). Fixed broadband availability at these speeds decreases to 92.36% when examining just rural households; if mobile is included, 99.73% have access (excludes satellite).
  • Broadband at higher download speeds is now available to more households; 50 Mbps download/1.5 Mbps upload is available to 81.36% and 100 Mbps download/1.5 Mbps upload is available to 79.78% of Minnesota households (excludes mobile and satellite services).

The Constitution Project Calls for Strong Public Representative at Terror Court

A bipartisan group of national security and foreign intelligence experts, including a former judge who served on the Foreign Intelligence Surveillance Court, is urging the creation of a special advocate to protect the public's rights before the secretive terrorism review panel when the Senate takes up surveillance reform legislation.

A report released by The Constitution Project's Liberty and Security Committee calls on Congress to create "meaningful adversarial participation" before the Foreign Intelligence Surveillance Court, or FISC, including a security-cleared special advocate with a specific mandate to represent the public's privacy and civil liberties interests whenever the government seeks broad surveillance authority.

The new report suggests any effort by Congress to provide for more meaningful adversarial participation before the FISC should give the special advocate an unconditional right to participate in any case in which the FISC is asked to approve non-individual surveillance authorizations, including any production orders under section 215 of the USA Patriot Act or directives under section 702 of the FISA Amendments Act. The special advocate should also be empowered to represent all US persons who are subject to the broad surveillance orders, and should have the authority to litigate on their behalf.

The Comcast Way: First, Kill PEG Television

Simultaneous to projecting itself as a corporation that has the public’s best interest at heart in order to push through approval of the merger of Comcast with Time Warner, Comcast is waging war on Public, Educational and Government (PEG) access television in America’s heartland.

On February 13, 2014, Comcast announced its merger with Time Warner, assuring regulators and the public that ultimately they would deliver a new and improved product that benefits consumers while not harming competition and consumer choices. In that same announcement, Comcast states “In every transaction, we have over-delivered on our public interest commitments.”

Comcast states: “PEG channels would be protected from migration to digital in the acquired systems that are not yet all-digital (unless otherwise agreed by the LFA), and would be protected from material degradation.”

“Making a concession to a digital transition of PEG channels, does us no good if those channels are stripped of their funding or reduced in number,” said Rocco. “As usual, Comcast shows open hostility toward PEG access television and shows its true colors when it comes to meeting the public interest.”

There are over 40 PEG access operations in the state of Minnesota. American Community Television is monitoring the situation in Minnesota with interest.

Rep Latta Introduces Legislation to Keep Internet Open and Accessible

Rep Bob Latta (R-OH) introduced legislation (HR 4752) to ensure the Internet remains open and free from government interference by limiting the Federal Communications Commission’s authority to regulate broadband under Title II of the Communications Act.

The legislation comes after the FCC released a proposal to reclassify broadband Internet access under Title II as a telecommunications service rather than an information service.

“In light of the FCC initiating yet another attempt to regulate the Internet, upending long-standing precedent and imposing monopoly-era telephone rules and obligations on the 21st Century broadband marketplace, Congress must take action to put an end to this misguided regulatory proposal,” said Rep Latta. “The Internet has remained open and continues to be a powerful engine fueling private enterprise, economic growth and innovation absent government interference and obstruction. My legislation will provide all participants in the Internet ecosystem the certainty they need to continue investing in broadband networks and services that have been fundamental for job creation, productivity and consumer choice.”

US Secretary of Commerce Penny Pritzker Appoints Sue Swenson FirstNet Board Chairwoman

US Secretary of Commerce Penny Pritzker announced the appointment of Sue Swenson as Chairwoman of the First Responder Network Authority (FirstNet) Board.

FirstNet is an independent entity within the US Commerce Department’s National Telecommunications and Information Administration.

Swenson, a seasoned telecommunications and technology executive, has served as a FirstNet Board member since August 2012 and was named Vice Chairwoman last December.

Swenson replaces Sam Ginn, who has chaired the FirstNet Board since its inception. Ginn, a wireless industry pioneer, agreed to step out of retirement to shepherd the FirstNet Board through its early stage development and planning of a nationwide broadband network dedicated to public safety. His term on the Board expires August 2014 and he is not seeking reappointment. Ginn plans to fulfill the remainder of his term as a Board member.

Swenson has played a pivotal role on the Board, successfully leading FirstNet’s spectrum lease negotiations with four Broadband Technology Opportunities Program (BTOP) projects. She was also instrumental in FirstNet’s development of a strategic roadmap.

FCC Announces Tentative Agenda For June Open Meeting

Federal Communications Commission Chairman Tom Wheeler announced that the following items will be on the tentative agenda for the next open meeting scheduled for June 13, 2014.
Technology Transitions Presentation: The Commission will hear a presentation with an update on the efforts to transition circuit-switched networks to Internet Protocol (IP) networks. The presentation will include a status report on the voluntary experiments proposed by AT&T designed to assess how the transition to IP networks affects users.
Expanding Community Access to Radio: The Commission will hear a presentation with an update on the continuing efforts to launch new and diverse voices to the American public via increased access to Low Power FM radio stations

Sen Thune Calls on Congress to Permanently Stop Taxes on Internet Access

Sen John Thune (R-SD), Ranking Member of the Senate Commerce Committee and member of the Senate Finance Committee, took to the Senate floor to call on Congress to pass his Internet Tax Freedom Forever (ITFA) Act, which would make permanent the expiring provision preventing Internet access from being taxed, which would discourage and reduce deployment and investment.

Sen Thune made the following remarks on the Senate Floor, “…the Internet provides unprecedented economic and social benefits. Mom and pop businesses in South Dakota, Oregon, and across America have found access to consumers and new business opportunities that are only possible through the Internet…the moratorium on Internet access taxes has contributed to the Internet now being accessed by hundreds of millions of Americans every day.

"Thanks to this 16-year ban, consumer access to the Internet is free from state and local taxation for nearly all Americans…The moratorium also benefits consumers by prohibiting multiple and discriminatory taxes on goods and services sold over the Internet…My bill with Finance Committee Chairman Wyden provides for a permanent extension of the moratorium. By passing a permanent extension, we’ll provide certainty to Internet consumers in every state.”

USDA Announces Funding for Advanced Communications Technology in Rural Areas

Agriculture Secretary Tom Vilsack announced that US Department of Agriculture (USDA) is accepting applications for grants to enhance telecommunications and broadcast services in rural areas.

The funding is available from the Community Connect Grant Program, the Distance Learning and Telemedicine Program, and the Public Television Station Digital Transition Grant Program. Through the Community Connect Grant Program, USDA plans to provide up to $13 million to fund broadband in unserved areas to support economic growth and deliver enhanced educational, health care and public safety services.

Awardees must serve an area where broadband does not exist, provide a community center with broadband access, and offer broadband service to all residential and business customers. Also, USDA is making available up to $19.3 million in Distance Learning and Telemedicine (DLT) program grants to fund access to rural education, training and health care resources. The DLT program finances telecommunications-enabled equipment and advanced technologies for people who live and work in rural areas.

Facebook Privacy Update: Making It Easier to Share With Who You Want

On Facebook you can share whatever you want with whomever you want, from a one-to-one conversation, to friends or to everyone. While some people want to post to everyone, others have told us that they are more comfortable sharing with a smaller group, like just their friends.

We recognize that it is much worse for someone to accidentally share with everyone when they actually meant to share just with friends, compared with the reverse. So, going forward, when new people join Facebook, the default audience of their first post will be set to Friends. Previously, for most people, it was set to Public.

Over the next few weeks, we’ll start rolling out a new and expanded privacy checkup tool, which will take people through a few steps to review things like who they’re posting to, which apps they use, and the privacy of key pieces of information on their profile.

Why We Need The DOTCOM Act

The Obama Administration announced in March plans for a process that could remove the United States, specifically the Department of Commerce’s National Telecommunications and Information Administration, from its oversight role of critical Internet functions.

Members of Congress are concerned that this move could result in a clampdown on the openness and freedom of the Internet by authoritarian regimes in countries like Russia and China. The Internet has flourished as a model of social connectivity and economic activity since its inception. To preserve freedom and openness as tenets of the Internet’s future, Rep John Shimkus (R-IL) introduced HR 4342, the Domain Openness Through Continued Oversight Matters (DOTCOM) Act of 2014.

Co-sponsored by 10 members of the committee, the legislation requires that the nonpartisan Government Accountability Office study any potential consequences before NTIA may take action. The DOTCOM Act was approved by the full committee on May 8 and is expected to be considered as an amendment to the National Defense Authorization Act.

Time Warner Cable Begins Major Internet Speed Increases in Los Angeles and New York City

Time Warner Cable is now delivering Internet speeds up to 300 Megabits per second (Mbps) to customers in several New York City and Los Angeles communities following network upgrades to transform the customer experience, boosting speeds for all its residential Internet plans in Costa Mesa and West Hollywood in California and in areas of Woodside (in Queens) and Staten Island in New York City.

Most notably, TWC customers in these communities who subscribe to the Standard Internet plan, formerly up to 15 Mbps, will now receive up to 50 Mbps, and customers who subscribe to the Ultimate plan, formerly up to 100 Mbps, will receive up to 300 Mbps -- more than three times their current speeds, at no extra charge.

Customers will need a DOCSIS 3.0 modem to enjoy the full benefits of the speed increases, and will be contacted by Time Warner Cable about their choices for receiving a new device.

The network and Internet speed upgrades will soon come to the LA areas of Covina, Cypress, Hoover, Crenshaw District and Jefferson Park, and to upper Manhattan and additional neighborhoods in Queens and Staten Island in New York City. By the end of June, TWC will be delivering the new, faster speed plans to more than 200,000 customers and small businesses.

Viewers' TV Time Affects How Advertisers Dish Dollars

While advertisers are looking for primetime ad space, they shouldn’t forget where the real opportunities lie -- with the viewers, who continue to access and engage with TV content in a variety of ways.

Knowing when and where to find consumers is crucial to reach them and ensure ads break through the clutter and catch attention.

  • TGI…Sunday? When it comes to primetime television programming, gone are the days where the Friday night line up or must-see-TV Thursdays ruled our content consumption. Now people TV viewing takes place on Sundays.
  • Time (Spent) Is Money. TV still dominates viewers’ time. In the US, people watched an average of 155 hours of traditional TV a month during the fourth quarter of 2013. But it’s no secret that audiences are viewing more content across screens. Americans watched an average of 14 hours of time-shifted TV per month and spent an average of 34 hours and 27 hours using smartphone apps and the Internet, respectively, during the same period. And when it comes to online video consumption, Americans now average 7.5 hours per month streaming video on their computers.
  • Extending The TV Screen. With social media now a routine element of the TV-viewing experience, audiences are moving seamlessly across platforms to view and talk about their favorite shows. According to Nielsen, a whopping 86 percent of US smartphone owners say they use their devices while watching TV, and nearly half do it every single day.

FCC Leaders to discuss net neutrality at 2014 ALA Annual Conference in Las Vegas

How does the recent net neutrality court case impact the public’s right to know? Learn how the Federal Communications Commission is addressing network neutrality issues at the 2014 American Library Association (ALA) Annual Conference in Las Vegas.

Gigi Sohn, special counsel for the Federal Communications Commission's External Affairs will discuss net neutrality during the conference session “Information Manipulation Part I: Net Neutrality,” which takes place June 28, 2014, in the Las Vegas Convention Center.

A panel of respondents will join Sohn in exploring the America Library Association’s actions to support an open Internet. Panelists include Vivian R. Wynn, chair of the American Library Association's Committee on Legislation and president of Wynn Library Consulting; Aaron Dobbs, Shippensburg University Systems and Electronic Resources Librarian; and Emily Sheketoff, executive director of the American Library Association’s Washington Office.

Nearly 1.2 Million Add Broadband In The First Quarter Of 2014

Leichtman Research Group found that the seventeen largest cable and telephone providers in the US -- representing about 93% of the market -- acquired nearly 1.2 million net additional high-speed Internet subscribers in the first quarter of 2014.

These top broadband providers now account for over 85.5 million subscribers -- with top cable companies having 50.3 million broadband subscribers, and top telephone companies having over 35.2 million subscribers. Other broadband findings for the quarter include:

  • Overall, broadband additions in 1Q 2014 amounted to 105% of those in 1Q 2013
  • The top cable companies accounted for 83% of the net broadband additions for the quarter versus the top telephone companies
  • The top cable companies added about 970,000 subscribers, representing 121% of the net additions for the top cable companies in 1Q 2013
  • The top telephone companies added about 200,000 subscribers, 64% of the total net additions for the top telephone companies in 1Q 2013
  • AT&T and Verizon added 732,000 subscribers via U-verse and FiOS in 1Q 2014, while having a net loss of 638,000 DSL subscribers. U-verse and FiOS broadband subscribers now account for 49% of Telco broadband subscribers -- compared to 40% in 2013
  • The top cable broadband providers have a 59% share of the market versus Telcos, with about 15.1 million more subscribers than the top telephone companies -- compared to 13.1 million more a year ago

FCC Cites California Online Retailer for Importing And Marketing Illegal Smartphones

The Federal Communications Commission Enforcement Bureau has cited Panasystem, a California-based online electronics retailer, for importing and marketing counterfeit smartphones marked with unauthorized or invalid labels falsely indicating that the devices were certified by the FCC.

“We will not tolerate the importation and marketing of counterfeit devices,” said Travis LeBlanc, Acting Chief of the Enforcement Bureau. “The trafficking of these devices not only robs the intellectual property of legitimate manufacturers, it harms consumers by failing to provide them with safe and certified smartphones that comply with the FCC’s equipment authorization process.”

The FCC investigation identified the smartphones imported by Panasystem as counterfeit Samsung models “Galaxy S Duos” and “Galaxy Ace.” Although these devices were labeled with seemingly-valid Samsung FCC Identifiers, the investigation showed that Samsung neither manufactured the devices nor authorized the FCC Identifier labels.

The investigation also revealed that another set of smartphones imported by Panasystem contained counterfeit BlackBerry model 9790 devices. These smartphones were labeled with invalid FCC Identifiers, which rendered them illegal for sale in the United States.

NAB Statement on Proposed AT&T-DirecTV Merger

In response to the proposed merger of AT&T and DirecTV, the following statement can be attributed to NAB Executive Vice President of Communications Dennis Wharton:

"AT&T's proposed merger with DirecTV demands a hard look in an increasingly consolidated broadband and pay television marketplace. It is hard to see how decreasing competitors in the pay TV marketplace -- while increasing regulatory restraints on local TV stations -- truly benefits consumers."

House Commerce Committee Focuses on Competition Policy in Latest #CommActUpdate White Paper

House Commerce Committee Chairman Fred Upton (R-MI) and Communications and Technology Subcommittee Chairman Greg Walden (R-OR) continued the process leading to an update of the Communications Act with the release of a white paper focused on competition policy.

“On the Internet, everyone from 100 year-old blue-chip companies to startups that are little more than one person with a great idea compete head-to-head. The paper we released today seeks public input on how this dynamic affects competition policy - specifically how the Communications Act, as well as policies at the FCC, promote or limit competition in the marketplace,” said Chairmen Upton and Walden. “We have received great input from our first two white papers, Modernizing the Communications Act and Modernizing US Spectrum Policy, and look forward to continued public response as we work to ensure our laws appropriately reflect the realities of the innovation era.”

The committee encourages the filing of comment on any aspect of competition policy and updating the Communications Act by June 13, 2014.

Sprint To Pay $7.5 Million For Unwanted Marketing Calls And Texts

Sprint will pay $7.5 million to resolve a Federal Communications Commission Enforcement Bureau investigation of the mobile wireless company’s failure to honor consumer requests to opt out of phone and text marketing communications. This represents the largest Do-Not-Call settlement that the FCC has ever reached.

In addition to the $7.5 million payment, Sprint will implement a two-year plan to ensure compliance with FCC requirements designed to protect consumer privacy and prevent consumers from receiving unwanted telemarketing calls. This follows a 2011 settlement with Sprint arising from complaints that Sprint made telemarketing calls to consumers who had requested to be placed on the company’s Do-Not-Call list. In its consent decree with the Enforcement Bureau, Sprint has agreed to:

  • Make a payment of $7.5 million to the U.S. Treasury;
  • Develop and put into action a robust compliance plan designed, among other things, to help ensure future compliance with the FCC’s rules requiring companies to maintain internal Do-Not-Call lists and honor consumers’ requests;
  • Develop operating procedures and policies specifically designed to ensure that Sprint’s operations comply with all company-specific Do-Not-Call rules;
  • Designate a senior corporate manager as a Compliance Officer to ensure that Sprint complies with the terms and conditions of the compliance plan and the consent decree;
  • Implement a training program to ensure that Sprint employees and contractors are properly trained how to record consumers’ Do-Not-Call requests so that the company removes their names and numbers from marketing lists;
  • Report to the FCC any noncompliance with respect to consumers’ Do-Not-Call requests; and
  • File with the FCC an initial compliance report within 90 days and annual reports for two years.

Nigeria: Mobile Rises Sharply While Radio Dominates For News

While a vast divide remains between “media rich” and “media poor” Nigerians, household mobile ownership has surpassed that of radio and TV in Nigeria, and the use of Internet is trending upward, according to new findings on Nigerian media consumption habits presented by the Broadcasting Board of Governors.

The data, which comes from a national media survey conducted by Gallup in early 2014, shows that 87% of Nigerian adults have a mobile phone in their household. Personal mobile phone ownership has grown across all demographics, including women, Hausa speakers, and older Nigerians.

While use of new technologies is on the rise, radio remains the dominant news platform in Nigeria, with 77.4% overall and more than seven in 10 across all major demographic groups saying they listen to the radio for news at least weekly.

Nigerians are active consumers of news, with two-thirds (66.6%) saying they access news at least once a day. At the same time, Gallup World Poll data from July 2013 found a sharp decline in perceptions of media freedom in Nigeria, particularly in the north.

BBG Signs Agreement To Provide Live VOA News In Nigeria

The Broadcasting Board of Governors announced an agreement with Channels Television, one of the 13 independent Nigerian TV stations. For the first time, Voice of America correspondents will report on events as they happen from around the world for the Channels evening newscasts.

“We are excited to deepen our innovative and interactive relationship with Channels TV,” said BBG Governor Matt Armstrong, who signed the agreement at an Association of International Broadcasters conference in London. ”We will work together collaboratively to cover local and global events, from Lagos, Washington, DC, and around the world based on VOA’s trusted news and information and the journalists at Channels TV. ”

VOA’s English-language reports will air on the Channels prime-time evening programs “The World Today” at 5:30 pm and ”News at Ten” at 10:00 pm local time. Channels TV is popular with English-speaking Nigerians and has approximately a 15 percent audience share of adults over age 15.

Rep Waxman Urges the FCC to Move Forward on Open Internet Rules, Use Title II as Backup

House Commerce Committee Ranking Member Henry A. Waxman (D-CA) wrote to Federal Communications Commission Chairman Tom Wheeler urging the FCC to move forward with a vote on proposed network neutrality rules.

Rep Waxman supports Chairman Wheeler's proposal to seek comment on adopting no blocking and nondiscrimination rules based on the FCC's authority under Section 706 of the 1996 Telecommunications Act, but calls on the FCC to also propose using its authority under Title II of the 1996 Telecommunications Act as a backup to ensure the rules survive a potential court challenge.

In the letter, Rep Waxman writes "The Internet is a great American success story thanks to our longstanding national commitment to communications policies that prevent broadband providers from acting like gatekeepers online. I urge you and your colleagues to move forward with your Notice of Proposed Rulemaking and to incorporate a Title II backup proposal as part of the item."

Thousands Use Sen Sanders Senate Website to Protest FCC Plan on Net-Neutrality

As part of a torrent of criticism pouring into the Federal Communications Commission, Sen Bernie Sanders (I-VT) delivered to the FCC nearly 19,000 comments from consumers demanding a free and open Internet.

In advance of a meeting of the FCC, Sen Sanders had invited visitors to use a form on his Senate website to weigh in what the senator called a “terribly misguided” proposal.