Daily Digest 10/17/2018 (Hurricane Michael Restoration Efforts)

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Table of Contents

Agenda

FCC Agenda for Oct 2018 Open Meting  |  Read below  |  Press Release  |  Federal Communications Commission
FCC Waives Oct 15 of Filing Deadlines due to FCC Headquarters Closing  |  Federal Communications Commission

Emergency Communications

Statement of Chairman Pai on Hurricane Michael Restoration Efforts  |  Read below  |  FCC Chairman Ajit Pai  |  Press Release  |  Federal Communications Commission
FCC says Hurricane Michael victims in Florida deserve a month of free cell service  |  Washington Post
Verizon automatically credits for 3 months of mobile service for each customer in Bay and Gulf Counties, Florida  |  Verizon

Internet/Telecom

Kansas Delegation Calls on FCC to Restore USF High Cost Program’s Budget  |  Read below  |  Press Release  |  US Senate
FCC Selects Somos as North American Numbering Plan Administrator and Pooling Administrator Under One-Year Bridge Contracts  |  Federal Communications Commission
Comcast complains it will make less money under California net neutrality law  |  Read below  |  Jon Brodkin  |  Ars Technica

Wireless

A Fresh Look at the 5.9 GHz Band  |  Read below  |  Press Release  |  NCTA - The Internet & Television Association
Commissioner O'Rielly Statement on NCTA 5.9 GHz Letter  |  Federal Communications Commission
Commissioner Rosenworcel Statement on the 5.9 GHz Band  |  Federal Communications Commission
Commissioner O'Rielly Statement on the New Procedures for 3.5 GHz ESC Sensors  |  Federal Communications Commission
Commissioner Carr Testimony at Senate Commerce Field Hearing on 5G  |  Read below  |  FCC Commissioner Brendan Carr  |  Speech  |  Federal Communications Commission

Platforms

Advertisers Allege Facebook Failed to Disclose Key Metric Error for More Than a Year  |  Read below  |  Suzanne Vranica  |  Wall Street Journal
Why brands you've never heard of are flooding your feeds  |  Axios
Facebook’s former security chief warns of tech’s ‘negative impacts’ — and has a plan to help solve them  |  Read below  |  Craig Timberg, Elizabeth Dwoskin  |  Washington Post

Agriculture

Farm and food policy innovations for the digital age  |  Read below  |  Jurgen Voegele  |  Analysis  |  Brookings Institution

Ownership

FTC Tackles Antitrust in Labor Markets  |  Read below  |  Cristiano Lima  |  Politico

Communications and Democracy

PEN America files lawsuit against President Trump for First Amendment Violations  |  Read below  |  Press Release  |  PEN America
AG Sessions defends media following disappearance of Saudi journalist  |  Hill, The
Juan Williams says there is no real separation between Fox News, Trump administration  |  Hill, The
The Hidden Tribes of America: what is pulling us apart, what can bring us back together  |  More in Common

Civic Engagement

New York Attorney General Expands Inquiry Into Net Neutrality Comments  |  Read below  |  Nicholas Confessore  |  New York Times
FTC is Making Consumer Complaint Data More Accessible with New Online Format  |  Federal Trade Commission

Privacy/Security

Introducing the 'periodic table of data privacy'  |  International Association of Privacy Professionals
A small privacy change for Google leads to big disruptions for start-ups  |  Washington Post
Google spinoff Sidewalk Labs wants to put Toronto's Quayside "smart city" data into a third party 'civic data trust'  |  Vice
It turns out that Facebook could in fact use data collected from its Portal in-home video device to target you with ads  |  Vox
Free ebook: The State of Cybersecurity  |  nextgov
Amazon workers push Bezos to stop selling facial recognition tech to law enforcement  |  Hill, The

Philanthropy 

Powerless: How Top Foundations Failed to Defend Their Values—And Now Risk Losing Everything  |  Inside Philanthropy

Policymakers

Chairman Pai Announces New Wireline Advisor  |  Read below  |  Press Release  |  Federal Communications Commission
FCC Seeks Engineers for Honors Program  |  Federal Communications Commission
Original Big Bird, Caroll Spinney, Leaves ‘Sesame Street’ After Nearly 50 Years  |  New York Times

Stories From Abroad

Facebook cracks down on ‘dark ads’ by British political groups  |  Guardian, The
In response to antitrust ruling, Google to charge phone makers for android apps in Europe  |  New York Times
Netflix criticizes EU over ‘content quota’  |  Vox
US Credit Card Giants Flout India’s New Law on Personal Data  |  New York Times
What just happened at the Australian Broadcasting Corporation?  |  Columbia Journalism Review
 
Today's Top Stories

Agenda

FCC Agenda for Oct 2018 Open Meting

Press Release  |  Federal Communications Commission

The Federal Communications Commission will hold an Open Meeting on the subjects listed below on Tuesday, Oct 23, 2018:

  1. Unlicensed Use of the 6 GHz Band – The Commission will consider a Notice of Proposed Rulemaking that promotes the use of mid-band spectrum for broadband by proposing to allow new unlicensed uses of the 5.925-7.125 GHz band while protecting existing and future licensed operations. (ET Docket No. 18-295)
  2. Promoting Investment in the 3550-3700 MHz Band – The Commission will consider a Report and Order that would make limited changes to the Citizens Broadband Radio Service in 3.5 GHz band to increase incentives for innovation and investment, including for mobile 5G services. (GN Docket No. 17-258)
  3. Revitalizing the 800 MHz Band – The Commission will consider a Report and Order and Order opening up new channels in the 800 MHz Private Land Mobile Radio (PLMR) band, eliminating outdated rules, and reducing administrative burdens on PLMR licensees. (WP Docket Nos. 15-32, 16-261)
  4. Cable Rate Regulation – The Commission will consider a Further Notice of Proposed Rulemaking and Report and Order to modernize its cable television rate regulations and update or eliminate outdated rules. (MB Docket Nos. 02-144, 17-105; MM Docket Nos. 92-266, 93- 215; CS Docket Nos. 94-28, 96-157)
  5. Paper Filing of Contracts – The Commission will consider a Report and Order eliminating the requirement that broadcast stations routinely file paper copies of contracts and other documents with the FCC. (MB Docket Nos. 18-4, 17-105)
  6. Business Data Services for Rate-of-Return Carriers Receiving Fixed Universal Service Support – The Commission will consider a Report and Order that will allow rate-of-return carriers that receive fixed universal service support to elect incentive regulation for their business data services; a Further Notice of Proposed Rulemaking seeking comment on eliminating ex ante pricing regulation for lower capacity TDM services offered by rate-of-return carriers receiving fixed support; and a Second Further Notice of Proposed Rulemaking proposing to eliminate ex ante pricing regulation for TDM transport services offered by price cap carriers. (WC Docket Nos. 17-144, 16-143, 05-25)
  7. Enforcement Bureau Action – The Commission will consider an enforcement action.

Emergency Communications

Statement of Chairman Pai on Hurricane Michael Restoration Efforts

FCC Chairman Ajit Pai  |  Press Release  |  Federal Communications Commission

Even though efforts to restore communications services have been going well in most of the areas affected by Hurricane Michael, the slow progress in restoring wireless service in areas close to where the hurricane made landfall is completely unacceptable. While the Federal Communications Commission has been in regular contact with companies serving the affected areas, I’m concerned that their actions on the ground aren’t matching the urgency that we have conveyed during those conversations. I am therefore joining Gov Rick Scott (R-FL) in calling on wireless carriers to waive the bills of Floridians in these affected areas for the month of Oct and to allow them to change carriers without penalty. These carriers also need to immediately disclose publicly to Floridians how they will quickly restore service. In addition, I have directed our Public Safety & Homeland Security Bureau to promptly initiate an investigation into this matter.

Internet/Telecom

Kansas Delegation Calls on FCC to Restore USF High Cost Program’s Budget

Press Release  |  US Senate

The Kansas congressional delegation called on Federal Communications Commission Chairman Ajit Pai to restore sufficiency and predictability to the Universal Service Fund (USF) High Cost program’s budget. The letter was signed by every member of the delegation, including Sens Jerry Moran (R-KS) and Pat Roberts (R-KS) and Reps Roger Marshall (R-KS), Lynn Jenkins (R-KS), Kevin Yoder (R-KS) and Ron Estes (R-KS). “Full funding of the program, as designed, helps ensure that rural Kansans have access to high-quality, affordable broadband and voice services comparable to those available in urban areas as mandated by the Telecommunications Act of 1996,” the members wrote. “These services are necessary if rural communities are to compete in a global economy. The insufficient and uncertain USF budget continues to hamper rural providers’ efforts to strategically invest in rural broadband at a time when the federal government has made rural broadband a national priority.”

Comcast complains it will make less money under California net neutrality law

Jon Brodkin  |  Ars Technica

California's network neutrality law will cause "significant lost revenues" for Comcast, the nation's largest cable company said in a court filing. Comcast described the net neutrality law's potential impact on its ability to charge online service providers and network operators for network interconnection. "The paid interconnection provisions will harm Comcast's ability to enter into new, mutually beneficial interconnection agreements with edge providers that involve consideration, leading to a loss of existing and prospective interconnection partners and significant lost revenues," Comcast Senior VP Ken Klaer wrote in the filing in US District Court for the Eastern District of California. Comcast submitted its filing on Oct 3 as part of the broadband industry lawsuit that seeks to overturn CA's net neutrality law (SB 822), which is slated to take effect on Jan 1, 2019 unless the court grants a stay halting implementation. Comcast's filing is meant to support the industry's request for an injunction that would halt enforcement of the law while litigation is pending. AT&T also complained about the CA law's interconnection provisions in a court filing, saying that the law "purports to regulate such [interconnection] agreements and may be construed to prohibit payment for direct interconnection in many circumstances."

Wireless

A Fresh Look at the 5.9 GHz Band

It’s time for the Federal Communications Commission to take a fresh look at the 5.9 GHz band. After two decades and millions of dollars in wasted government subsidies, the Dedicated Short Range Communications (DSRC) experiment in the 5.9 GHz band has clearly failed. The growth of Wi-Fi over the last two decades and the potential of this spectrum to deliver better Wi-Fi only amplify this failure in policy. The time is now for the Commission to open all or a substantial part of the 5.9 GHz band to unlicensed innovation and consider flexible options for addressing the spectrum needs of automotive technologies. 

NCTA suggests that the FCC expeditiously adopt a Further Notice of Proposed Rulemaking or other appropriate vehicle that: (1) recognizes that past over-regulatory efforts to mandate a particular technology or to reserve the band for particular companies have failed; (2) finds that substantial changes in the 5 GHz spectrum environment, the market’s rejection of DSRC, and the pressing need for additional unlicensed spectrum support a proposal to designate all or a substantial portion of the 5.9 GHz band for unlicensed use; and (3) seeks comment on whether to allocate other, more suitable spectrum for automotive communications technologies. 

Commissioner Carr Testimony at Senate Commerce Field Hearing on 5G

FCC Commissioner Brendan Carr  |  Speech  |  Federal Communications Commission

Spending time like this outside of DC—hearing directly from community leaders and broadband providers alike—is critical. I can think of no better way to identify both the regulatory barriers that needlessly slow down broadband deployment and the steps we can take back in Washington to remove them. As this hearing makes clear, spectrum and infrastructure are key for 5G. So I want to start by commending the [Senate Commerce] Committee for leading on these two issues. Chairman John Thune (R-SD) championed the MOBILE NOW Act, which frees up the spectrum necessary for next-generation wireless service. And on the infrastructure side, I want to acknowledge both Chairman Thune and Sen Brian Schatz (D-HI) for their work on the bipartisan STREAMLINE Small Cell Deployment Act. This bill would update our nation’s infrastructure policies by cutting the red tape that threatens the deployment of 5G networks. At the Federal Communications Commission, we are building on your efforts, and we recognize that the time to act is now.

Platforms

Advertisers Allege Facebook Failed to Disclose Key Metric Error for More Than a Year

Suzanne Vranica  |  Wall Street Journal

Facebook knew of problems in how it measured viewership of video ads on its platform for more than a year before it disclosed them in 2016, according to a complaint filed by advertisers. A group of small advertisers filed a lawsuit in California federal court in 2016, alleging the tech giant engaged in unfair business conduct by disseminating inaccurate metrics that significantly overestimated the amount of time users were spending watching video ads. The plaintiffs later added a fraud claim, and in this new court filing they alleged Facebook knew of irregularities in its video metrics by January 2015 and understood the nature of the miscalculation within a few months, but failed to disclose the information for over a year.  The filing followed the plaintiffs’ review of some 80,000 pages of internal Facebook records that they obtained as part of court proceedings. The complaint, which cites the internal Facebook documents, also alleges that the scale of the miscalculation was far worse than understood.

Facebook’s former security chief warns of tech’s ‘negative impacts’ — and has a plan to help solve them

Craig Timberg, Elizabeth Dwoskin  |  Washington Post

For two years, Alex Stamos was the Facebook executive tasked with defending the company’s systems against Russian interference and other critical threats. Now the former chief security officer, who left the social network in Aug, says Facebook — and the entire technology industry — needs a systems of checks and balances to help it weigh the complex decisions Silicon Valley companies are making in areas including security and democratic expression. Stamos plans to announce the creation of an institute to do that, in some of his first public remarks since leaving Facebook and joining Stanford University as an adjunct professor and Hoover fellow.  He hopes the new institute, called the Stanford Internet Observatory, will help unite “sometimes warring factions” of academia, tech companies and Washington policymakers to work together to help solve “the negative impacts technology can have on society,” he said. The Observatory will aim to assist technology companies in their investigations — “a bridge between multiple platforms fighting the same problems,” he said — by sharing data and providing more transparency and accountability to their security challenges.

Agriculture

Farm and food policy innovations for the digital age

Jurgen Voegele  |  Analysis  |  Brookings Institution

We urgently need to rethink public policy interventions to help countries navigate opportunities and challenges linked to digital advances in the food economy. The promise of digital disruption in agriculture is enormous. Producing food and fiber is a data- and capital-intensive business. On the data side, a farmer’s feel for how to combine seeds, soil, water, and weather can now be complemented by mobile-phone based extension services, remote sensing data, and artificial intelligence. On the capital side, the “sharing economy” creates amazing new opportunities for the optimal deployment of capital assets—tractors are agriculture’s Ubers and grain elevators are its Airbnbs. Advances in fintech are changing traditional land-based collateralization models and mobile banking is putting access right into farmers’ pockets. The World Bank is embarking on a study on digital disruption of agriculture and food to ask hard questions on the role of public policy in maximizing potential gains in efficiency, equity, and sustainability.

Ownership

FTC Tackles Antitrust in Labor Markets

Cristiano Lima  |  Politico

Federal Trade Commissioner Rohit Chopra set the stage for the agency’s look at tech platforms by focusing on how digital marketplaces harvest data, and how operators set the rules for buying and selling in the marketplaces. Noting that mass data collection and analysis can be used to form individualized pricing, Commissioner Chopra said the FTC must learn more about companies’ data collection practices, their use of predictive analytics and how data is monetized. Without naming any companies outright, he also raised questions about how marketplace operators can set the rules to benefit their bottom lines, like requiring a seller to pay more for premier placement. “Shedding light on how marketplaces and platforms engage in data collection and analysis, as well as how their rules and regulations promote or impede the competitive process, will be a great contribution to advancing the Federal Trade Commission’s mission and developing policy that will make sure our markets are truly working,” Commissioner Chopra said. But panelists were not shy about calling out big tech companies. Ben Thompson, who writes the tech newsletter Stratechery, offered ideas for regulating Facebook and Google in particular by preventing them from buying up potential competitors. “I consider the greatest regulatory failure in the internet era [to be] Facebook acquiring Instagram, and part of the problem was there was no framework to say why they shouldn’t be allowed to,” Thompson said. And early Facebook and Google investor Roger McNamee said antitrust action against the companies is “the best and most pro-growth remedy available.”

Communications and Democracy

PEN America files lawsuit against President Trump for First Amendment Violations

Press Release  |  PEN America

PEN America, the leading national organization representing writers and literary professionals and defending free expression, filed a lawsuit against President Donald Trump for using the powers of the federal government to retaliate against journalists and media outlets he finds objectionable, in violation of the First Amendment. PEN America is represented in the case by the nonpartisan nonprofit Protect Democracy and the Yale Law School Media Freedom and Information Access Clinic. The filing asserts that, while President Trump is free to express his own views critical of journalists and media outlets, his use of the regulatory and enforcement powers of government to punish the press for criticism of him is unconstitutional. The complaint, filed in United States District Court for the Southern District of New York, asks the court to enter a declaratory judgment that the President’s retaliatory actions violate the First Amendment and enjoin the President from directing any employee or agency of the federal government to take any action against the press in retaliation for coverage the President views as hostile.

Civic Engagement

New York Attorney General Expands Inquiry Into Net Neutrality Comments

Nicholas Confessore  |  New York Times

Apparently, New York Attorney General Barbara Underwood subpoenaed more than a dozen telecommunications trade groups, lobbying contractors, and Washington advocacy organizations, seeking to determine whether the groups submitted millions of fraudulent public comments to sway a critical federal decision on internet regulation. Some of the groups played a highly public role in 2017’s battle, when the Federal Communications Commission voted to revoke rules that classified internet service providers as public utilities. NY AG Underwood’s investigators have estimated that almost half of all of the comments — more than nine million — used stolen identities. "The FCC’s public comment process was corrupted by millions of fake comments,” NY AG Underwood said. “The law protects New Yorkers from deception and the misuse of their identities. My office will get to the bottom of what happened and hold accountable those responsible for using stolen identities to distort public opinion on net neutrality.” In Sept, the New York Times sued the FCC to obtain digital records that would help trace the source of the public comments. The case is continuing.

Policymakers

Chairman Pai Announces New Wireline Advisor

Press Release  |  Federal Communications Commission

Federal Communications Commission Chairman Ajit Pai announced that his special counsel, Nirali Patel, will now serve as his wireline advisor. Patel replaces Dr. Jay Schwarz, who is returning to the FCC’s Office of Strategic Planning & Policy Analysis. In addition, Preston Wise is joining the Office of Chairman Pai as an acting special counsel.

Prior to joining Chairman Pai’s office in January 2018, Patel served as a legal advisor to FCC Commissioner Brendan Carr and as a deputy chief in the Competition Policy Division of the Wireline Competition Bureau. Before joining the Commission, Patel worked in private practice at Hogan Lovells US LLP, Willkie Farr & Gallagher LLP, and Sidley Austin LLP. Patel graduated summa cum laude from the American University Washington College of Law and received her undergraduate degree from the University of North Carolina at Chapel Hill.

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