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  2. October 2015

October 2015

In Europe-US Clash on Privacy, a Longstanding Schism

American and European officials working on a new agreement for the international transfer of digital data like social media posts and online search queries are at an impasse after two years of negotiations. And each side has the same excuse: It’s the other’s fault.

An agreement, officials and industry executives say, would most likely reduce much of the legal uncertainty arising from the court’s landmark ruling. Both sides stress that the remaining sticking points are surmountable, and that a new data agreement is imminent. But they will not offer any sort of timetable, and negotiators say that longstanding hurdles, including disagreements over national intelligence agencies’ access to people’s online data, continue to hold them back.

FCC Commissioner O’Rielly: In the Unlikely Event there is a CAF Mobility Fund…

If the Federal Communications Commission were to create a mobility fund as it converts today’s voice-focused high-cost Universal Service program into a broadband-focused Connect America Fund program, that fund most likely would not look like “anything previously envisioned,” said FCC Commissioner Michael O’Rielly.

Commissioner O’Rielly made his remarks at the Competitive Carrier Association 2015 Annual Convention. The remarks build on comments that Commissioner O’Rielly made in September that strongly suggested there might be no mobility fund in the ongoing CAF program. Commissioner O’Rielly noted the CAF program is not allowed to provide support for high-cost areas that are overlapped by an unsubsidized competitor. And “[w]ith nearly all of the nation covered by large wireless providers, the areas eligible for a mobility fund [if there were to be one] would be considerably fewer than just a few years back.” While acknowledging that large carriers may not serve every location in an area, O’Rielly said “that is viewed as a factual matter to be resolved through a challenge process.” Commissioner O’Rielly also noted that he understood the argument that “without ongoing support, service in areas that are currently covered could diminish.” He added, though, that “most of the expense is in the installation of the towers and the initiation of service, rather than the ongoing maintenance of them.” Accordingly, he said, “I still expect that the commission’s focus will remain on targeting support to those areas that are truly unserved.”

House Panel Agrees Spectrum Planning Is Crucial

The House Communications Subcommittee is busy on the government spectrum front, signaling that the Federal Communications Commission needs to help come up with a plan for auctioning free-up government spectrum and identifying potential new bands for clearing and sharing.

That was the subject of a House Communications Subcommittee hearing, where there are a number of bills in the works to goose the FCC effort and incentivize government agencies to fully engage in the process. Among the takeaways from the hearing was that sharing, rather than relocating, is a good short-term solution, but that, long-term, there needs to be a planning and research and development and that it is key for agencies to be shown the upside of cooperating.

The government and privacy advocates can’t agree on what ‘strong’ encryption even means

A group of privacy advocates and tech companies recently asked the Obama Administration to publicly support "strong encryption." But Obama Administration officials have already said they support strong encryption -- repeatedly. In fact, President Barack Obama called himself a "strong believer in strong encryption". The problem is that no one can agree on what "strong encryption" actually means.

The petition is just the latest salvo in a battle over how much access law enforcement should have to communications and data secured by encryption -- and whether tech companies should be forced to enable the government to unlock that data, through a practice commonly known as a "backdoor." The definition debates are just part of the difficulty of coming up with a policy for encryption. A more deep-seated problem is that technologists have long said it is impossible to provide the type of access law enforcement officials want without fundamentally undermining the security of communications products. Law enforcement officials have, in turn, suggested that tech companies just aren't trying hard enough to come up with a solution.

Remarks of FCC Commissioner Pai to the National Religious Broadcasters' President's Council

Religious broadcasters helped lead the effort to relegate the Fairness Doctrine to the ash heap of history. And during my time at the Federal Communications Commission, I have appreciated the fellowship of the National Religious Broadcasters as we have worked together to protect freedom.

These are trying times for broadcasters at the FCC. I hear the complaints privately from broadcasters of all stripes: commercial, public, and religious. They believe that the current FCC just doesn’t value the service that broadcasters provide to their communities. They don’t feel that the Commission has an open mind when it hears broadcasters’ arguments. And when I see some of the proposals that come across my desk, I do sometimes find myself wondering: Is this all a test by the FCC to see if broadcasters have the patience of Job? Shifting gears, I would like to address another timely topic: AM radio revitalization. Three years ago, I proposed that the FCC launch an initiative to revitalize the AM band. The response to that idea was remarkable. Broadcasters, civil rights organizations, Democrats, Republicans, and Americans across the country jointly called on the FCC to take action. Please don’t hesitate to reach out to me if you have ideas for what the FCC should be (or should not be) doing. I always enjoy hearing from your organization and look forward to continuing to work with you in the future.

Like Politics, Television Should Remain Local

[Commentary] Former Speaker Tip O’ Neil said it best, “All politics is local.” The framers of the Communications Act understood this fundamental fact and licensed broadcast stations to specific local communities. Congress and the Federal Communications Commission have created a system that emphasizes local service including the need to have outlets for local political candidates and self-expression. Given this time-honored federal policy, it is disturbing to see that FCC Chairman Tom Wheeler is proposing to eliminate rules which serve as a lynchpin of America's irreplaceable system of local television.

Operating smoothly for decades, the FCC's local “exclusivity rules” allow television stations to enforce their bargained-for exclusive rights to the programming they air in their local markets by preventing cable systems from importing broadcast television stations from distant markets. These “exclusivity rules” provide a self-enforcing mechanism to preserve localism by ensuring that cable and satellite subscribers have access to the local stations serving their communities. Ultimately, the policy undermines the economic foundation of a local station, making it difficult to finance local news operations.

[David Donovan is the President of the New York State Broadcasters Association]

Charter's acquisition of TWC and Bright House draw mostly positive comments

While Comcast's attempt to buy Time Warner Cable in 2014 produced thousands of negative public comments, the input for Charter Communications' bid to purchase both TWC and Bright House Networks has so far drawn far less inflammatory reactions.

There have been around 327 comments filed to the Federal Communications Commission relating to Charter's acquisition spree. As Light Reading earlier noted, those comments that have not been procedural in nature have mostly been positive. While the volume of comments seems in favor of Charter, support for any such merger, of course, is never unanimous. Analysts widely expect regulators to approve Charter's proposed acquisition of TWC and Bright House, which would create the nation's second-largest US cable provider in terms of customers, behind just Comcast. Charter executives have said they expect to close the company's acquisition of TWC and Bright House by the end of 2015.

FirstNet Team Issues List of Cyber Concerns

A proposed broadband network for the nation's public-safety professionals must be robust against intrusions -- but not so much it prevents those professionals from accessing it in emergencies, according to a new notice from FirstNet, the federal group planning it.

This is one of several requirements for the system's cyber protection, according to a new notice issued by FirstNet, an authority within the Commerce Department's National Telecommunications and Information Administration. Others include online and offline device monitoring, a strong identity access management system, and support for wearable devices in the era of "bring your own" technology. Against the backdrop of the recent Office of Personnel Management hack, which exposed personal information from more than 20 million people, "a cybersecurity solution that establishes a secure network at the cost of delays or needless hindrances is not workable, and neither is a solution that permits immediate access but fails to adequately secure data," the notice said.

Google's fiber hut proposals enter review process with Portland city council

Google Fiber appears to be moving forward with long-awaited plans to bring its 1 Gbps fiber-to-the-home service to Portland (OR) as the city council is going to review its applications to install seven fiber huts around the city. While Google Fiber has indicated that Portland is a potential target to deliver service, Mary Beth Henry, director of Portland's Office of Community Technology, said that the filings don't mean the company is making a "firm commitment." Google Fiber did not respond to a request for a comment on the filings. Regardless, the applications show that the service provider is getting ready to start building out a network in the city.

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