February 2016

INTERNET/BROADBAND

INTERNATIONAL BROADBAND DATA REPORT
[SOURCE: Federal Communications Commission, AUTHOR: Public Notice]
The Federal Communications Commission released its fifth International Broadband Data Report, a requirement of the Broadband Data Improvement Act. The available international broadband data, though not fully comparable to data on the United States, continue to suggest that although the United States may be among the leaders for developed countries with regard to some broadband metrics, it lags in some other metrics. In this Report and its appendices, the FCC presents a number of data points, including fixed broadband deployment data in the United States and the European Union with a focus on rural areas, advertised and actual fixed broadband speeds in 40 countries around the world, including the United States, and broadband prices (both fixed and mobile plans) across the same 40 countries. As with previous Reports, the FCC also gathered demographic and regulatory/market data (to the extent available) for the countries included in this Report.
benton.org/headlines/fcc-releases-fifth-international-broadband-data-report | Federal Communications Commission
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BRIDGING THE DIGITAL DIVIDE
[SOURCE: National Journal, AUTHOR: Ted Hesson]
Kansas City sits on the wrong side of the digital divide. A quarter of the Kansas City metropolitan area’s 2 million residents lack an Internet connection at home, according to census data compiled by the nonprofit organization Connecting for Good. An astonishing 70 percent of students in Kansas City public schools lack Web access at home. Ironically, the city has also developed a reputation as a base for tech-friendly companies. In 2011, Google chose Kansas City, Kansas, and then adjoining Kansas City, Missouri, as among the first places to test out Google Fiber, the company’s super-fast, competitively priced foray into the realm of Internet service providers. The product is cheap by industry standards—$70 per month for a high-speed connection that is 85 times faster than the average for U.S. broadband. For the cost-conscious, Google offers another option: slower Internet service that is free for seven years, except for a one-time $300 installation fee, payable in $25-a-month installments. Could you get a better deal? Yet the subscriber base reportedly remains small. Officials at the library and school district hope their partnership to provide Wi-Fi hot spots can get families online more quickly.
benton.org/headlines/bridging-digital-divide | National Journal
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COMCAST WANTS TO LIMIT YOUR NETFLIX BINGES
[SOURCE: Bloomberg, AUTHOR: Gerry Smith]
Comcast customers used to be able to binge on all the Netflix and YouTube videos they wanted without repercussions. Now many are being put on a diet. In a growing number of cities, the nation’s largest cable company has begun imposing extra fees on Internet customers who use what it considers excessive amounts of data. The move could bring in new revenue to offset losses from cord-cutters dropping pay-TV service to stream videos online. The strategy poses risks. In 2008, Time Warner Cable tried to limit customers’ Internet use then dropped the plan the next year after a public backlash. Comcast has also faced questions from regulators about why its own streaming service doesn’t count toward subscriber data limits, as well as complaints from customers and online video providers. In almost all of Comcast’s test markets, which include Atlanta (GA), Nashville (TN) and Miami (FL), customers who exceed 300 gigabytes a month -- the equivalent of streaming high-definition video five hours a day, by one estimate -- pay $10 more for additional increments of 50 gigabytes.
benton.org/headlines/comcast-wants-limit-your-netflix-binges | Bloomberg
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WIRELESS/SPECTRUM

BING ON STUDY
[SOURCE: The Verge, AUTHOR: James Vincent]
The debate over the potential harm of T-Mobile's Binge On continues, with a new study from Stanford University claiming that the perk violates key network neutrality principles and is "likely illegal." Binge On lets T-Mobile subscribers watch videos from streaming services such as Netflix and Hulu without eating into their data plan. It's proved popular with users, with T-Mobile claiming video views on its network have "more than doubled" since the deal was introduced, but critics say it's creating a tiered internet service, with the Uncarrier given the unfair advantage of deciding who wins and who loses. "T-Mobile’s Binge On is aptly named — it feels good in the short-term but harms consumers in the long run," says Barbara van Schewick, the net neutrality expert and law professor who authored the Stanford study. "The program limits user choice, distorts competition, stifles innovation, and harms free speech on the Internet. If more ISPs offer similar programs, these harms will only grow worse." Schewick's paper collects together many of the primary arguments against Binge On, including the allegation that it constrains consumer choice, penalizing customers who want to use unsupported rival services. The study also suggests that technical requirements to sign up to Binge On are more complicated than T-Mobile claims, and that the carrier is tilting the playing field to the advantage of larger firms.
benton.org/headlines/stanford-study-t-mobiles-binge-likely-illegal | Verge, The | read the paper | The Hill
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COURT GRANTS MOTION BY NONPROFITS AND SPRINT TO EXTEND WIMAX SERVICE THROUGH MARCH
[SOURCE: Mobile Beacon, AUTHOR: Press release]
A Massachusetts state court granted a joint motion to extend a preliminary injunction that temporarily saved Internet access to 1,820 nonprofits, 429 schools, and 61 libraries across the country. The motion was made by six nonprofit organizations who provide broadband access to more than 300,000 vulnerable Americans and Sprint Spectrum LP, though the telecommunications company remains a defendant in ongoing legal action with the nonprofits. “This request is a positive step forward for everyone involved. We’ve made great strides in our effort to migrate our users to Sprint’s LTE network, but there’s still more work to do,” said Katherine Messier, founder and managing director of Mobile Beacon. “This extension will enable us to ensure that the students, seniors, disabled, and other vulnerable populations who rely on our service keep their broadband access. We’re not going to stop until we’ve given every last person the chance to make the switch to LTE.” The original preliminary injunction required Sprint to keep WiMax operating in 80 cities through February 2, 2016. The modifications to the injunction create a schedule for a phased WiMax shutdown with 16 cities shutting down by February 2nd, 39 cities by February 29th, and the remaining 25 cities by March 31st.
benton.org/headlines/court-grants-motion-nonprofits-and-sprint-extend-wimax-service-through-march | Mobile Beacon | see shutdown map
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NATIONAL PARK WI-FI
[SOURCE: Quartz, AUTHOR: Alison Griswold]
What good is being immersed in nature without constant access to high-speed Internet?
You might ask congressional Democrats, who are currently pushing for President Barack Obama to wire up America’s national parks. This isn’t the first effort to digitize America’s national parks, which more than 275 million people visit a year. The Associated Press reported in late 2014 that park officials had begun talking with CenturyLink about bringing wireless service to Yellowstone via a $34 million fiber-optic line. And the National Park Service plans to provide free public Wi-Fi at all park visitor centers by the end of this year, its 100th in operation. Whether these services are necessary in the parks is controversial. While improving Wi-Fi coverage in Yellowstone might increase its popularity among young people, it could also deter visitors looking to unplug. It might also give a boost to the cottage industry of “digital detox,” where places like Camp Grounded already charge adults hundreds of dollars to confiscate their devices for a weekend.
benton.org/headlines/democrats-want-ruin-americas-national-parks-wi-fi | Quartz
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HEALTH

CMS: FOR APPROVAL OF MEDICAID HOME HEALTH SERVICES
[SOURCE: Fierce, AUTHOR: Dan Bowman]
The Centers for Medicare & Medicaid Services published a final rule clarifying requirements for face-to-face encounters for Medicaid beneficiaries to be eligible to receive home health services; the rule outlines that telehealth can be used for such encounters. To authorize home health services via aides, nurses, equipment and/or appliances, CMS mandates that recipients must have a face-to-face encounter related to the reason for the request either 90 days prior to or 30 days after start of services. CMS says physicians and certain non-physician practitioners must document the encounters, which can be conducted via telehealth, "subject to requirements in section 1834(m)" of the Affordable Care Act. Some of the comments on the proposed rule were in support of telehealth, CMS notes. One person was "pleased that CMS [was] ready to offer technical assistance to state Medicaid agencies to use telehealth as an alternative so that the requirement" could be implemented in a manner that allows for the continuation of services. "Telehealth and telemedicine are service delivery modalities that have very specific protocols that ensure quality patient care, and do not include all electronic communications," CMS says. The agency notes that telephone calls or e-mail will not suffice for face-to-face encounters, but puts the onus on states to determine which forms of telehealth can be used.
benton.org/headlines/cms-approval-medicaid-home-health-services-telemedicine-counts-face-face-visits | Fierce
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TELEVISION

SET-TOP BOXES AND MINORITY COMMUNITIES
[SOURCE: Vice, AUTHOR: Nicholas Deleon]
A Federal Communications Commission proposal that cable companies allow customers to use their own set-top boxes, instead of forcing customers to rent these boxes from the cable companies themselves, is attracting significant support among racial diversity advocacy groups. Alex Nogales, president and CEO of the National Hispanic Media Coalition (NHMC), said that the proposal is the best way to make the price of TV more accessible to less affluent communities. In Nogales’ view, making set-top boxes more affordable would not only lead to a proliferation of Latino-oriented television programming, but would in turn would lead to a greater understanding of Latino culture among non-Latinos. “The state of media for minorities in this country is terrible,” Nogales said. “I’m paying over $150 per month for cable—what the hell am I getting for my money?” As an example, he cited the lack of television channels aimed at Latinos whose primary language is English. “There’s Fusion [a joint venture between Univision and ABC] and that’s it,” he said, noting that a significant percentage of Latinos in the US don’t speak Spanish at all. Nogales isn’t alone in his support of the FCC’s efforts.
benton.org/headlines/heres-why-cheaper-set-top-boxes-are-vital-minority-communities | Vice
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GOVERNMENT & COMMUNICATIONS

GOING DARK
[SOURCE: New York Times, AUTHOR: David Sanger]
For more than two years the F.B.I. and intelligence agencies have warned that encrypted communications are creating a “going dark” crisis that will keep them from tracking terrorists and kidnappers. Now, a study in which current and former intelligence officials participated concludes that the warning is wildly overblown, and that a raft of new technologies — like television sets with microphones and web-connected cars — are creating ample opportunities for the government to track suspects, many of them worrying. “‘Going dark’ does not aptly describe the long-term landscape for government surveillance,” concludes the study, to be published by the Berkman Center for Internet and Society at Harvard. The study argues that the phrase ignores the flood of new technologies “being packed with sensors and wireless connectivity” that are expected to become the subject of court orders and subpoenas, and are already the target of the National Security Agency as it places “implants” into networks around the world to monitor communications abroad. The products, ranging from “toasters to bedsheets, light bulbs, cameras, toothbrushes, door locks, cars, watches and other wearables,” will give the government increasing opportunities to track suspects and in many cases reconstruct communications and meetings.
benton.org/headlines/new-technologies-give-government-ample-means-track-suspects-study-finds | New York Times | read the report
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CLINTON'S E-MAILS CONTAINED 'TOP SECRET' MATERIAL
[SOURCE: Washington Post, AUTHOR: Rosalind Helderman, Carol Morello]
The State Department has concluded there is "top secret" material in Hillary Clinton's e-mail correspondence from the time she was secretary of state, indicating that some of her e-mails will never be released, even in heavily redacted form, because they are too sensitive for the public to view. State Department spokesman John Kirby said the material crosses seven e-mail chains, amounting to 37 pages worth of material. The finding is likely to deepen the political consequences for Clinton of her decision to use a private e-mail account, routed through a server installed in her suburban New York home, and it comes just three days before the Iowa caucuses, as Clinton remains locked in a heated battle with Sen Bernie Sanders (I-VT) for the Democratic presidential nomination. The State Department's conclusion came as it has worked to process 55,000 pages of Clinton's correspondence for public release, including about 1,000 pages that will be released Jan 29. Clinton has said none of her e-mails were marked classified when they were sent. However, it is the responsibility of individual government officials to handle classified material appropriately, including by properly marking it as classified, and the finding means that information deemed highly sensitive passed through the unsecured system that Clinton directed be established for her use. Kirby said the State Department has not yet made a determination of whether the information was classified at the time it was sent or has become more sensitive due to subsequent events. He said that, regardless, the information was deemed too sensitive for release.
benton.org/headlines/state-department-hillary-clintons-e-mail-correspondence-contained-top-secret-material | Washington Post
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POLICYMAKERS

FCC ANNOUNCES STAFF CHANGES
[SOURCE: Federal Communications Commission, AUTHOR: Press release]
The Federal Communications Commission announced that Roger C. Sherman, Chief of the Wireless Telecommunications Bureau, will be departing the Commission at the end of February. FCC Chairman Tom Wheeler intends to name Jon Wilkins, currently the Commission’s Managing Director, as his replacement. In addition, the Chairman plans to name Mark Stephens as acting Managing Director. Prior to joining the Commission in 2013, Sherman served as Democratic Chief Counsel to the House Committee on Energy and Commerce and held a variety of senior policy and legal positions in Congress since 2007. Wilkins joined the Commission in late 2013 as the FCC’s chief operating official and served as the Chairman’s advisor for management. Prior to joining the Commission, Wilkins spent 16 years at McKinsey & Company in Washington, DC, where he was a partner and a leader in the company’s Telecommunications, Media, and Technology practice. He earned a law degree from Yale Law School and a bachelor’s from Dartmouth College. Stephens has served as the FCC’s Chief Financial Officer since 2006, serving as a senior
advisor in areas including on budgeting, financial management, and internal controls. Stephens also has held a number of other senior management positions at the FCC. Before joining
the Commission, he served as a controller in the private sector. He earned a bachelor’s from Loyola College and a master’s from the George Washington University.
benton.org/headlines/fcc-announces-staff-changes-wireless-telecommunications-bureau-and-office-managing | Federal Communications Commission
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ASHKAN SOLTANI
[SOURCE: USAToday, AUTHOR: Elizabeth Weise]
A Pulitzer prize-winning computer security expert recently hired by the Chief Technology Officer of the United States, Megan Smith, has been denied a security clearance and is heading to the West coast. Ashkan Soltani was previously the chief technologist at the Federal Trade Commission. He was hired by the White House’s Office of Science and Technology Policy as a senior adviser to Smith in December. On Jan 29 he posted to Twitter that he was disappointed to announce his departure as he had been notified that he would not receive the security clearance necessary to continue working at the White House. Soltani said that he didn't know why he had failed the check, but that he had passed the mandatory drug screening and the FBI background check was still underway. There was "no allegation that it was based on my integrity or the quality of my work," he said. Soltani was on the team that won a Pulitzer Prize at The Washington Post for investigating surveillance initiatives of the National Security Agency. He had researched and written about Edward Snowden, security, national policy and other issues at the Post, the Wall Street Journal and the New York Times. Many on Twitter speculated that his work about Snowden's leaks might have predisposed the security staff to distrust him.
http://www.usatoday.com/story/tech/news/2016/01/29/pulitzer-prize-winnin...
Did Reporting on Snowden Docs Deny a White House Advisor His Security Clearance? (Vice)
benton.org/headlines/pulitzer-prize-winning-security-expert-denied-white-house-clearance | USAToday | Vice
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STORIES FROM ABROAD

FREE BASICS
[SOURCE: Washington Post, AUTHOR: Annie Gowen]
Mark Zuckerberg launched his sweeping Internet.org initiative in 2013 as a way to provide 4 billion people in the developing world with Web access, which he says he sees as a basic human right. But the initiative has hit a major snag in India, where in recent months Free Basics has been embroiled in controversy — with critics saying that the app, which provides limited access to the Web, does a disservice to the poor and violates the principles of “net neutrality,” which holds that equal access to the Internet should be unfettered to all. Activist groups such as Save the Internet, professors from leading universities and tech titans such as Nandan Nilekani, the co-founder of Infosys, have spoken out against it. Another well-known Indian entrepreneur dubbed it “poor Internet for poor people.” India’s debate could affect the way other countries address the question of whether it is fair for Internet service providers to price websites differently. The US Federal Communications Commission’s rules on network neutrality went into effect only in June. Officials at Facebook launched an advertising blitz to counteract the negative publicity.
benton.org/headlines/india-egypt-say-no-thanks-free-internet-facebook | Washington Post
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February 2016

February 1, 2016 (Happy Iowa Caucus Day)

New Technologies Give Government Ample Means to Track Suspects, Study Finds

Crovitz editorial: former FCC chief economist Tim Brennan did a public service by admitting that net neutrality has no economic justification

Can a TV sitcom reduce anti-Muslim bigotry?

Donald Trump’s campaign has gone down well with conservative media, but not with everyone in the GOP

Op-Ed: Evaluating the Carson cybersecurity plan: Taking a scalpel to the federal bureaucracy?

Google is reportedly testing SkyBender, a system utilizing solar-powered drones designed to deliver high-speed 5G Internet service from the sky

Ofcom seeks halt to O2 and Three deal in UK