April 2016

Financial Services and General Government Subcommittee
Senate Appropriations Committee
Tuesday, April 5, 2016
10:30 am

Witnesses:

The Honorable Tom Wheeler
Chairman
Federal Communications Commission

The Honorable Ajit Pai
Commissioner
Federal Communications Commission



-- Why Special Access is So Special

New America
Tuesday, April 5, 2016
https://www.newamerica.org/new-america/boosting-broadband-competition-2/

High-capacity broadband lines power our digital economy, connecting our banks, retailers, schools, libraries and hospitals. Whether we’re making payments at a small business, using a smartphone for calls and Internet access, or withdrawing money at a local ATM, high-capacity data lines (also known as Special Access) controlled by a handful of big companies determine the cost and competitiveness of broadband connectivity.

Thanks to the largest, most comprehensive data collection in its history, the FCC now understands the extent of the significant market power enjoyed by a few wireline backhaul carriers. The failure of this market costs businesses billions of dollars every year, imposing huge annual costs on consumers and the U.S. economy. The FCC is expected to propose and adopt reforms to this critical market for interconnection and backhaul this spring.

At this event Dr. Mark Cooper of the Consumer Federation of America will release a new white paper entitled “The Special Problem of Special Access.” The report is part of a project being conducted for the Roosevelt Institute – Overcharged and Underserved – to evaluate the impact of 50 years of public policy in the communications network industries that deliver voice, video and data services.

Following Dr. Cooper, a panel of experts will discuss the importance of competition in the critical high-speed broadband market and what we can expect to see from the FCC’s long-awaited release of the market data.

Keynote Speaker:
Dr. Mark Cooper
Research Director, Consumer Federation of America

Participants:
Angie Kronenberg
Chief Advocate and General Counsel, INCOMPAS

Charles McKee
Vice President, Government Affairs, Federal & State Regulatory, Sprint

John Windhausen
Executive Director, Schools, Health & Libraries Broadband Coalition (SHLB)

Phillip Berenbroick
Counsel, Government Affairs, Public Knowledge

Moderator:
Sarah Morris
Senior Counsel and Director of Open Internet Policy, Open Technology Institute at New America

Lunch will be served.



April 4, 2016 (Everyone Needs Broadband)

BENTON'S COMMUNICATIONS-RELATED HEADLINES for MONDAY, APRIL 4, 2016

INTERNET/BROADBAND
   Everyone Needs Broadband. Now More Low-Income Americans Will Be Able to Afford It -White House press release
   House GOP wants to cap Internet subsidy budget
   What are next steps for Congress on net neutrality? - AEI op-ed
   Home developer built an ISP because state law restricts municipal broadband [links to Benton summary]
   After Verizon FiOS changeover to Frontier, some customers lose service [links to Ars Technica]
   ACA's Gessner Warns of Unregulated Edge Gatekeepers [links to Benton summary]

WIRELESS/SPECTRUM
   Joint Statement on Biannual FCC NTIA Spectrum Meeting - press release [links to Benton summary]
   5G is Coming! Wait – What’s 5G? - CommLawBlog [links to Benton summary]

SECURITY/PRIVACY
   Would You Let Companies Monitor You For Money? [links to Benton summary]
   US, Canada issue joint alert on 'ransomware' after hospital attacks [links to Benton summary]
   Apple’s Next Encryption Battle Is Likely Playing Out in Secret in a Boston Court [links to Benton summary]
   FBI Worked With Israel's Cellebrite to Crack iPhone [links to Bloomberg]

SURVEILLANCE
   Reddit hints that US now spying on its customers [links to Benton summary]

GOVERNMENT & COMMUNICATIONS
   Technology Upgrades Get White House Out of the 20th Century
   State Dept. puts hold on review of Clinton emails, deferring to FBI [links to Hill, The]
   Op-Ed: Idea to retire: Buy and build IT infrastructure [links to Brookings]
   DOD invites you (well, some of you) to “Hack the Pentagon” in April [links to Ars Technica]
   Critics Say White House's Open Source Software Policy Doesn't Go Far Enough [links to nextgov]

ADVERTISING
   Rise of Ad Blocking Is the Ad Industry's Fault, Says Outgoing FTC Commissioner [links to Benton summary]
   Biggest Political Ad Year Just Got Bigger [links to Benton summary]

ELECTIONS & MEDIA
   Trump’s ascendancy shows that mainstream media in the US no longer have control over what is acceptable for a political candidate to say in public [links to Guardian, The]
   Biggest Political Ad Year Just Got Bigger [links to Benton summary]
   What President Obama gets wrong about the media echo chamber - WaPo [links to Benton summary]
   Why doesn’t John Kasich get more media coverage? He's Kinda Boring [links to Washington Post]

CONTENT
   Defense chief announces $317M hub to integrate tech into textiles [links to Hill, The]
   Internet Association warns against 'radical changes' in copyright review [links to Benton summary]
   How Mobile (And Facebook) Ate the Media World, in Five Charts [links to Revere Digital]

TELEVISION
   FCC’s Efforts to Expand Video Description May Spark Debate on Statutory Authority [links to CommLawCenter]
   Sens. Want Comcast to say YES to Yankees [links to Broadcasting&Cable]
   NAB Elects TV Board Members [links to Broadcasting&Cable]

AGENDA
   FCC to Converge on Boston for INTX [links to Broadcasting&Cable]

OWNERSHIP
   As $10.5 Billion Frontier/ Verizon Deal Closes, a Report Card on Frontier Acquisitions Strategy [links to telecompetitor]

JOURNALISM
   Op-Ed: data journalism is a crucial skill that most journalism schools aren't teaching [links to Columbia Journalism Review]
   Black Lives Matter: the movement, the organization, and how journalists get it wrong [links to Columbia Journalism Review]
   Trump’s ascendancy shows that mainstream media in the US no longer have control over what is acceptable for a political candidate to say in public [links to Guardian, The]

HEALTH
   US, Canada issue joint alert on 'ransomware' after hospital attacks [links to Benton summary]

LABOR
   Why Silicon Valley’s ‘unicorns’ have regulators worried [links to Washington Post]

STORIES FROM ABROAD
   Egypt blocked Facebook Internet service over surveillance

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INTERNET/BROADBAND

WHITE HOUSE STATEMENT ON LIFELINE
[SOURCE: The White House, AUTHOR: R David Edelman]
The Federal Communications Commission (FCC) took a landmark step toward President Barack Obama's ConnectALL goal of getting 20 million more Americans online by 2020 by approving a national subsidy to help low-income Americans pay for broadband. These changes to the FCC’s Lifeline program will help millions more Americans get online at a price they can afford, and open up the market for more competition to serve their connectivity needs. In today’s digital age, connectivity is opportunity. Those on the wrong side of the digital divide have a tougher time getting the skills they require for higher-paying jobs, applying to job openings once they have those skills, helping their kids with homework, or even just getting better prices on life’s necessities — even though they’re among those who need it most.That’s why the move by the FCC is so important. There’s more work to do. Today, families that earn less than $25,000 a year are half as likely to have Internet at home than those who are well-off. So earlier in March the President announced ConnectALL: to help mobilize a national effort by the government, private sector, and non-profits to give more Americans access to the affordable broadband, digital literacy tools, and devices they need to open up a world of online opportunity. In just one month, we’ve made real progress. Connecting 20 million more Americans by 2020 is an ambitious goal, but today, the FCC put it well within reach.
benton.org/headlines/everyone-needs-broadband-now-more-low-income-americans-will-be-able-afford-it | White House, The
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HOUSE GOP WANTS TO CAP INTERNET SUBSIDY BUDGET
[SOURCE: The Hill, AUTHOR: Mario Trujillo]
House Commerce Committee Republican Reps are vowing to take up a bill that would set a budget cap on a program aimed at offering phone and Internet subsidies to the poor. They made the announcement shortly after the Federal Communications Commission (FCC) voted to overhaul and expand the program known as Lifeline in a dramatic meeting March 31. As it stands, the FCC proposal includes a $2.25 billion “budget mechanism.” If spending nears that level, the FCC will have to decide whether to increase the funding. But without a cap, Republican Reps said, that total could easily be exceeded even if the agency does nothing. The GOP bill sponsored by Rep Austin Scott (R-GA) would cap the program at $1.5 billion. It is sure to receive strong pushback from Democratic Reps, however, and has no real chance of enactment under President Barack Obama. In fact, House Democratic Reps helped convince FCC Commissioner Mignon Clyburn to break her deal with FCC Republican Commissioners a day earlier. A group of nine House Democrats on the Energy and Commerce Committee sent the FCC a late letter to “express concern” about a cap. “Demand is expected to increase as the program transitions to include broadband service, and any cap would threaten the goals and purpose of Lifeline,” they warned. “We strongly support the commission’s effort to modernize and expand Lifeline, but by establishing an artificial cap on funding from the outset, many low-income consumers could find themselves without any mechanism to bridge the digital divide,” according to the letter.
benton.org/headlines/house-gop-wants-cap-internet-subsidy-budget | Hill, The
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WHAT ARE NEXT STEPS FOR CONGRESS ON NET NEUTRALITY?
[SOURCE: American Enterprise Institute, AUTHOR: Mark Jamison]
[Commentary] Indications are that Congress is likely to take up network neutrality once the court rules on whether the Federal Communications Commission overstepped in its 2015 Open Internet Order. The intent at least on the Senate side is to have strong net neutrality provisions. The House seems less likely to take that position. Are there ways to have our cake and eat it too? Can we have dynamic industries and regulation? Yes, as long as the regulatory framework is consistent with a constantly improving tech ecosystem of networks, edge providers, customers, and others yet to be named. Congress has at least three options that would promote a robust and open Internet, allow innovation to flourish, and protect vulnerable customers and fledgling edge providers. These approaches apply to interconnection between Internet Service Providers (ISPs) and between ISPs and edge providers.
First best: A multistakeholder process -- The preferred option is to direct the FCC to engage in a multistakeholder process to establish how ISPs and edge providers interact. The leading thinker on this approach is TechPolicyDaily.com’s own Roslyn Layton. According to her research, of the 50 countries that have adopted net neutrality policies, those which avoid regulatory rules and instead embrace a multistakeholder approach have more edge provider innovation on average than do the other nations.
Second best: Adopt rules provided there is actual evidence of monopoly -- The next best option is for Congress to authorize the FCC to adopt net neutrality rules, but only upon showing that the ISP or edge provider in question possesses and is abusing a monopoly position. There are two key provisions to this approach, and a caveat.
Third best: Rules adopted and enforced unless there is evidence they are not needed -- If Congress is concerned that net neutrality rules are needed now, it can adopt what I consider a third-best option, namely authorizing the FCC to adopt net neutrality rules, but with a requirement that the FCC forebear from enforcing rules where a regulatory impact analysis – styled after the requirements just described – shows that monopoly is absent or that monopoly power is not being exercised even if it exists.
[Mark Jamison is the Gunter Professor of the Public Utility Research Center at the University of Florida]
benton.org/headlines/what-are-next-steps-congress-net-neutrality | American Enterprise Institute
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GOVERNMENT & COMMUNICATIONS

WHITE HOUSE TECH UPGRADE
[SOURCE: New York Times, AUTHOR: Michael Shear]
One of President Barack Obama’s legacies will be the office information technology upgrade that his staff has finally begun. Part of the problem? Responsibility for White House technology has long been divvied up between four agencies, each with their own chief information officer: the National Security Council, the Executive Office of the President, the Secret Service and the White House Communications Agency. That led to a series of Band-Aid solutions over the years, as one agency or another has attempted piecemeal upgrades to White House gear.
benton.org/headlines/technology-upgrades-get-white-house-out-20th-century | New York Times
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STORIES FROM ABROAD

EGYPT BLOCKED FACEBOOK INTERNET SERVICE OVER SUVEILLANCE
[SOURCE: Reuters, AUTHOR: Yasmeen Abutaleb, Joseph Menn]
Egypt blocked Facebook Free Basics Internet service at the end of 2015 after the US company refused to give the Egyptian government the ability to spy on users, apparently. Free Basics, launched in Egypt in October, is aimed at low-income customers, allowing anyone with a cheap computer or smartphone to create a Facebook account and access a limited set of Internet services at no charge. The Egyptian government suspended the service on Dec 30 and said at the time that the mobile carrier Etisalat had only been granted a temporary permit to offer the service for two months. Two sources with direct knowledge of discussions between Facebook and the Egyptian government said Free Basics was blocked because the company would not allow the government to circumvent the service's security to conduct surveillance. They declined to say exactly what type of access the government had demanded or what practices it wanted Facebook to change.
benton.org/headlines/egypt-blocked-facebook-internet-service-over-surveillance | Reuters
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Technology Upgrades Get White House Out of the 20th Century

One of President Barack Obama’s legacies will be the office information technology upgrade that his staff has finally begun.

Part of the problem? Responsibility for White House technology has long been divvied up between four agencies, each with their own chief information officer: the National Security Council, the Executive Office of the President, the Secret Service and the White House Communications Agency. That led to a series of Band-Aid solutions over the years, as one agency or another has attempted piecemeal upgrades to White House gear.

Everyone Needs Broadband. Now More Low-Income Americans Will Be Able to Afford It

The Federal Communications Commission (FCC) took a landmark step toward President Barack Obama's ConnectALL goal of getting 20 million more Americans online by 2020 by approving a national subsidy to help low-income Americans pay for broadband. These changes to the FCC’s Lifeline program will help millions more Americans get online at a price they can afford, and open up the market for more competition to serve their connectivity needs.

In today’s digital age, connectivity is opportunity. Those on the wrong side of the digital divide have a tougher time getting the skills they require for higher-paying jobs, applying to job openings once they have those skills, helping their kids with homework, or even just getting better prices on life’s necessities — even though they’re among those who need it most.That’s why the move by the FCC is so important. There’s more work to do. Today, families that earn less than $25,000 a year are half as likely to have Internet at home than those who are well-off. So earlier in March the President announced ConnectALL: to help mobilize a national effort by the government, private sector, and non-profits to give more Americans access to the affordable broadband, digital literacy tools, and devices they need to open up a world of online opportunity. In just one month, we’ve made real progress. Connecting 20 million more Americans by 2020 is an ambitious goal, but today, the FCC put it well within reach.