February 2015

FCC to Propose Strong ‘Net Neutrality’ Rules

Federal Communications Commission Chairman Tom Wheeler intends to seek a significant expansion of his agency’s authority to regulate mobile and fixed broadband providers, a move that would fully embrace the principle known as “network neutrality.” Apparently, Chairman Wheeler intends to change the way both mobile and fixed broadband firms are regulated.

Rather than being lightly regulated information services, they would become like telecommunications companies, which would subject them to greater regulation on everything from pricing to how they deploy their networks. A key element of the rule would be a ban on broadband providers blocking, slowing down or speeding up specific websites in exchange for payment, a practice known as paid prioritization. The proposal would also give the FCC the authority to regulate deals on the back-end portion of the Internet. The FCC would decide whether to allow so-called paid peering deals based on whether it finds them just and reasonable, the standard under Title II.

Chairman Thune and Chairman Upton Urge President Obama to Work With Them on Internet rules

Senate Commerce Committee Chairman John Thune (R-SD) and House Commerce Committee Chairman Fred Upton (R-MI) sent a letter to President Barack Obama seeking his partnership to establish permanent protections for an open Internet and avoid protracted litigation -- goals that can only be achieved through legislation.

The Chairmen wrote, "We believe there is an opportunity to work together to provide legislative certainty to the net[work] neutrality goals you articulated on November 10, 2014. We have put forward legislation that seeks to codify the principles you highlighted in your statement, including prohibiting blocking, throttling, and paid prioritization. This legislation places these principles into law, without the uncertainty of litigation that [Federal Communications Commission] action would entail. Working together to craft sustainable protections will have lasting benefits for our country and Internet users alike. Finding an agreement on enforceable authority for the FCC will have a profound, positive impact on Internet users, edge innovators, and infrastructure investment -- all without the legal uncertainty that exists absent clear statutory guidance."

Verizon to FCC: Don't Add Middle Mile Disclosure

Verizon sent a letter to the Federal Communications Commission saying that the FCC's current transparency rules covering how Internet service providers manage their networks strike the "right balance," and the FCC doesn't need to make them more "complex" by adding middle-mile interconnection congestion to the disclosures. Verizon outlined in the letter its desire for the FCC to confine disclosure requirements to last-mile networks, not the exchange of traffic in the middle mile. Verizon said congestion in the middle mile can result from deliberate choices by various parts of that ecosystem, including edge providers like Netflix.

Sen Booker cheers move against Web ‘special interests’

Sen Cory Booker (D-NJ) is cheering news that the Federal Communications Commission will bar two states from enforcing laws to prevent communities from building out their own broadband Internet services.

"I’m pleased the FCC is standing up for the rights of municipalities over special interests that may not find it profitable to invest in low-income and rural areas,” he said in a statement, hours FCC officials confirmed the upcoming action. “This FCC action is an important step forward as America seeks to leverage its strengths in the digital age.”

Delegated Authority: Serious Objections and Solutions

[Commentary] The [Federal Communication Commission]’s rules reserve new or novel issues for a Commission vote -- and there are good reasons for doing so. That way the full Commission has the opportunity to set precedent on matters of first impression that can have significant and long-lasting legal and policy consequences.

It is also helpful for the Commissioners, with their broader perspectives, to act on issues that may have implications for other segments of the communications industry. Moreover, it ensures that parties that want to challenge final FCC decisions are able to do so in a timely manner. It does little good to have a decision be decided at the bureau level when everyone knows the result will be appealed to the full Commission (unless the goal is to intentionally fail to act on an application for review). Fixing the delegation process should be a priority for the Commission. If the Commission is unwilling or unable to do so, I trust the Congress will review the issue in further detail.

Senate Commerce Committee Chairman Thune Announces Commerce Subcommittee Assignments

House Commerce Committee Chairman John Thune (R-SD) announced subcommittee assignments for Republican committee members for the 114th Congress.

Subcommittee on Communications, Technology, Innovation, and the Internet

  • Roger Wicker, Miss. – Chair
  • Roy Blunt, Mo.
  • Marco Rubio, Fla.
  • Kelly Ayotte, N.H.
  • Ted Cruz, Texas
  • Deb Fischer, Neb.
  • Jerry Moran, Kan.
  • Dan Sullivan, Alaska
  • Ron Johnson, Wisc.
  • Dean Heller, Nev.
  • Cory Gardner, Colo.
  • Steve Daines, Mont.

Google Gives $775,000 to Nonprofit for Tech Diversity

Google is giving a boost to a nonprofit that provides mentorship to minorities entering the tech workforce. CODE2040 said it received $775,000 in grants from Google to support the launch of free training programs for more than 5,000 black and Latino college engineering students over the next two years.

The grants will also help the nonprofit expand its efforts into Austin (TX), Durham (NC), and Chicago (IL). One of Google’s grants will help CODE2040 create a program aimed at training black and Latino students how to apply for an interview for a technical job or internship.

We don't need to define broadband

[Commentary] There is no bright speed line between "broadband" and "not broadband." Instead, any standard should be based on studies of consumer demand and explicitly stated policy objectives.

Such an approach would yield a more nuanced view of broadband that would ultimately be more useful to informed policymaking. A useful standard must take into account consumer preferences and explicit policy objectives. Drawing a virtual line in the sand and declaring any service on one side to be unacceptable doesn't consider either of those especially deeply. Any definition, like competition analysis, should take into account consumer demand.

[Scott Wallsten is Vice President for Research and Senior Fellow at the Technology Policy Institute]

Comptel, others launch campaign against Comcast merger

A group of trade organizations are teaming up to lobby against the proposed Comcast-Time Warner Cable merger.

Comptel, NTCA-The Rural Broadband Association, and the Independent Telephone and Telecommunications Alliance are launching the “Don’t Comcast the Internet” campaign. The new group will be called the Networks for Competition and Choice. The groups represent more than 1,000 companies, including Internet and mobile providers -- such as Google Fiber, Sprint and T-Mobile -- as well as content providers like Netflix. The groups are arguing the proposed $45 billion merger would seriously harm competition and innovation in the market.

President Obama’s budget increases library funding

Highlights for the library community in the Obama Administration budget request include $186.5 million in assistance to libraries through the Library Services and Technology Act. This important program provides funding to states through the Institute of Museum and Library Services.

In response, American Library Association President Courtney Young said, "We applaud the President for recognizing the tremendous contributions libraries make to our communities. The American Library Association appreciates the importance of federal support for library services around the country, and we look forward to working with the Congress as they draft a budget for the nation. The biggest news for the library community is the announcement of $8.8 million funding for a national digital platform for library and museum services, which will give more Americans free and electronic access to the resources of libraries, archives, and museums by promoting the use of technology to expand access to the holdings of museums, libraries, and archives. Funding for this new program will be funded through the IMLS National Leadership Grant programs for Libraries ($5.3 million) and Museums ($3.5 million). With the appropriations process beginning, we look forward to working for continued support of key programs, including early childhood learning, digital literacy, and the Library Services and Technology Act."