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March 2016

Chairman Wheeler's Response to Senators Regarding Broadband Investments on Tribal Lands

On Dec 11, Reps Steve Pearce (R-NM), Ben Ray Luján (D-NM), and Michelle Lujan Grisham (D-NM), and Sens Martin Heinrich (D-MN) and Tom Udall (D-NM) wrote a letter to Federal Communications Commission Chairman Tom Wheeler for him to consider a proposal for targeted investments in broadband infrastructure on unserved and underserved Tribal lands.

On March 1, Chairman Wheeler responded by noting his order to modernize universal support for rate-of-return carriers. He wrote, "The proposed Order sets forth a package of reforms to address rate-of-return issues that are fundamentally intertwined-the need to modernize the program to provide support for standalone broadband service; the need to improve incentives for broadband investment to connect unserved rural Americans; and the need to strengthen the rate-of-return system to provide certainty and stability for years to come. A Further Notice included with the Order would specifically seek comment on additional reforms, including the Tribal Broadband Factor proposal you reference in your letter, to further incentivize broadband investment and deployment on unserved and underserved Tribal lands."

Chairman Wheeler's Response to Senator Daines Regarding Support to Wireless Internal Connections through the Rural Health Care Program

On Dec 18, 2015, Sen Steve Daines (R-MT) wrote to Federal Communications Commission Chairman Tom Wheeler and the other four commissioners regarding support to wireless internal connections through the rural health care program. Sen Daines wrote, "A relatively minor change in the Commission's rules to enable wireless internal connections for the nation's small rural healthcare facilities would introduce the double benefit of expanding choice in the deployment of 21 st century networks and facilities to improve the delivery of healthcare for rural Americans, and promote greater efficiency and connectivity cost savings in this important Universal Service program. I encourage the Commission to initiate a proceeding to examine a rule change that makes wireless internal connections an available option as part of the Universal Service rural healthcare program."

On March 1, Chairman Wheeler responded, writing "The Commission currently has pending before it a Petition for Rulemaking filed by the Schools, Health & Libraries Broadband Coalition and six consortia, who participated in the RHC Broadband Pilot Program, including the Health Information Exchange of Montana. The Petition contains a number of proposals for many aspects of the RHC Program. The Wireline Competition Bureau sought comment on the Petition and reply comments were due at the end of January. Staff are currently reviewing and analyzing the comments. While that Petition did not specifically address the issue of internal connections, the record in this proceeding remains open and Commission staff continue to meet with interested stakeholders. It is possible that as the proceeding moves ahead, the issue of wireless internal connections will be raised and reviewed. In addition, Commission staff are available to meet with your staff, as well as your constituents, regarding their interest in this issue, including whether they wish to file anything in the record."

Chairman Wheeler's Response to Senators Daines, Wicker, Blunt, Fischer, Johnson and Gardner Regarding the 2016 Broadband Progress Report

On Jan 21, Sens Steve Daines (R-MT), Roger Wicker (R-MS), Roy Blunt (R-MO), Deb Fischer (R-NE), Ron Johnson (R-WI), and Cory Gardner (R-CO) wrote to Federal Communications Commission Chairman Tom Wheeler regarding the 2016 Broadband Progress Report. The Sens wrote, "We are concerned that this arbitrary 25/3 Mbps benchmark fails to accurately capture what most Americans consider broadband, the use of this benchmark discourages broadband providers from offering speeds at or above the benchmark, the definition contradicts the 'broadband' definition the Commission used in its Open Internet Order, and that the Commission uses an entirely different benchmark when it comes to rural America."

On March 1, Chairman Wheeler responded, noting that the 25 Mbps/3 Mbps speed benchmark is not a definition of "broadband", but rather, the benchmark is used to measure the deployment of those broadband services that are able to provide Americans with "advanced telecommunications capability". Chairman Wheeler further explained how the FCC arrived at the benchmark, and the different applications of the term "broadband" that the FCC uses in various reports.

Chairman Wheeler's Response to Members of Congress Regarding Charter Communications' Proposed Merger with Time Warner Cable and Acquisition of BrightHouse Networks

On Feb 2, Rep Kathy Castor (D-FL) wrote to Federal Communications Commission Chairman Tom Wheeler requesting that the FCC conduct a robust public interest review of the application for transfer of licenses and authorizations relating to the merger of Charter, Time Warner Cable, and Advance/Newhouse Partnership, the parent of Bright House Networks. On Feb 17, Senate Antitrust Subcommittee Chairman Mike Lee (R-UT) and Ranking Member Amy Klobuchar (D-MN) wrote to Chairman Wheeler, encouraging him to closely review the transactions to ensure that they do not impede new, developing options for consumers to receive video content or undermine independent programmers' ability to access consumers.

On March 1, Chairman Wheeler responded to both letters, writing that "Consistent with our rules, the Commission will evaluate whether these proposed transactions are in the public interest. Our analysis on any transaction is always robust and takes several factors into account, including the issues you raise in your letter."

Chairman Wheeler's Response to Members of Congress Regarding CAF Phase II Reverse Auction

On Dec 21, Rep Emanuel Cleaver (D-MO) wrote to Federal Communications Commission Chairman Tom Wheeler urging the Chairman to structure the auction so that funding is made available on a priority basis for fiber to the home networks. On Feb 25, Sens Roy Blunt (R-MO) and Claire McCaskill (D-MO) wrote to Chairman Wheeler urging the FCC to adopt rules for the reverse auction that enable the deployment of fiber optics and other advanced networks to the greatest number of unserverved households, businesses, and farms possible, particularly in rural Missouri.

On March 1, Chairman Wheeler responded by writing, "One of the primary policy goals for this competitive bidding process is to ensure widespread participation from all providers that can deliver a high-quality service. Simply put, more competition between providers means that finite universal service funding will be used efficiently to deliver the best possible solutions. As the Commission moves forward with finalizing the structure of the CAF Phase II reverse auction, we will take into consideration the issues and concerns presented by all stakeholders and give full attention to the best ways to ensure that rural communities, including those in Missouri, have access to robust and reliable broadband service."

Weekly Digest

Your Right to Know and Choose: Wheeler’s Broadband Privacy Proposal

You’re reading the Benton Foundation’s Weekly Round-up, a recap of the biggest (or most overlooked) telecommunications stories of the week. The round-up is delivered via e-mail each Friday; to get your own copy, subscribe at www.benton.org/user/register

Robbie’s Round-Up for the Week of March 14-18, 2016

New America
Tuesday, April 5, 2016
4:00 PM – 6:00 PM EST

Basic Internet literacy can help foster sensible legislative positions on digital issues. An expert panel explores whether legislators and their staff have the resources necessary to build competence on Internet issues. Building on ongoing research (and a forthcoming white paper) on what tools are available for Congressional Internet education, we will explore what education exists, and what we can learn from challenges that educators have encountered.

Participants

Laurent Crenshaw
Director of Public Policy, Yelp
Former Congressional staffer

Tim Lordan
Executive Director, Internet Education Foundation (IEF)

Meg King
Director, Digital Futures Project, Wilson Center

Lorelei Kelly
Resilient Democracy Project Lead, Edward M Kennedy Institute for the Senate

Moderator:
Christian Dawson
Executive Director, i2Coalition


Court Says FCC Has to Let Latina in Auction

Latina Broadcasters will get to participate in the broadcast spectrum auction, at least provisionally. That could delay the start of the auction by several weeks if the Federal Communications Commission meant what it said in arguing against the stay.

The US Court of Appeals for the DC circuit handed down the decision late on March 17. That outcome is better for the FCC than if the court had agreed to stay the auction's March 29 start, which was Latina's backup ask. Granting Latina Broadcasters of Daytona Beach's request for the stay means the court thinks Latina has a good chance of winning its underlying challenge to the FCC's decision not to let it participate. In addition, the court said that it had checked out the FCC's Web site and it appeared that the FCC's data files and projections are based on Latina being eligible. In a two-page order, the court said the FCC "has to permit Latina to participation provisionally in the upcoming broadcast spectrum incentive auction, subject to the outcome of judicial review." The court said that it had reviewed the FCC's broadcast incentive auction web site and "it appears the agency's auction data files and other projections are based on the assumption that petitioner's station would be eligible to participate." As a result, the court said letting Latina in should not delay the auction. FCC spokesperson Charlie Meisch said, "...we will permit Latina Broadcasters to participate provisionally in the Incentive Auction, subject to the outcome of judicial review. The auction will commence on March 29, as scheduled. This morning we are filing a supplemental letter with the Court explaining that, while the Court expressed its expectation that allowing Latina to participate will not cause the auction to be delayed, granting Videohouse’s request for a stay or provisional participation will cause substantial delay and resulting harm to the public.”

What a deal between Google and T-Mobile says about the future of Internet access

Google's having a change of heart over Binge On, a popular but controversial mobile video program from T-Mobile.

This feeds into a larger debate about whether it's appropriate for companies to set up these kinds of agreements in the first place. Some critics argue that exempting specific services from data caps — particularly if there's money changing hands — can distort the marketplace to favor big incumbents and make it harder for new competitors to gain a foothold. Binge On doesn't involve any corporate transactions; companies that want to participate just have to make sure their technology plays nice with T-Mobile's network and terms. But it and other, similar programs from the likes of Comcast, Verizon and AT&T have all attracted attention from regulators, who have held meetings with those companies in recent months. These have mostly been fact-finding talks, according to people present in the meetings, and they do not amount to an investigation or a probe. But they highlight the complexity of trying to oversee a sprawling and shifting entertainment ecosystem.

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