August 2016

The Facebook Election Machine

As the 2016 Presidential primaries were starting in February, we looked at the digital tools offered by Facebook and Google to help voters gain information -- and be reached by candidates. Then, we were worried about people who don’t have Internet access or, god forbid, don’t use Facebook. A few articles we read this week now makes us more concerned for the people who do use Facebook.

FCC Review of State Opt-Out Requests from FirstNet, et al.

This Report and Order and Notice of Proposed Rulemaking addresses the 758-769/788-799 MHz band, which the Federal Communications Commission licensed to the First Responder Network Authority (FirstNet) on a nationwide basis pursuant to the provisions of the Middle Class Tax Relief and Job Creation Act of 2012. The Report and Order adopts rules intended to resolve the remaining questions posed in the 2013 Notice of Proposed Rulemaking in these dockets. The FCC provides a mechanism to facilitate the relocation of the public safety narrowband incumbents currently operating on FirstNet’s spectrum. The FCC also affirmatively declines at this time to impose specific build-out requirements on FirstNet as a condition of renewal of its license. Rather, the FCC finds that the build-out obligations and specifications of the Act, coupled with the specifications of FirstNet’s recently released Request for Proposal (Final RFP), provide adequate milestones to ensure rural coverage while also providing both FirstNet and the states flexibility in terms of planning for optimal network coverage. The FCC will continue to monitor FirstNet’s buildout progress against these milestones, and expect that existing reporting obligations will be sufficient to allow the FCC to carry out its license renewal responsibilities.

In the Notice of Proposed Rulemaking, the FCC opens a new proceeding to seek comment on proposed procedures for administering the state opt-out process as provided under the Public Safety Spectrum Act, as well as on its implementation of the specific statutory standards by which the FCC is obligated to evaluate state opt-out applications.

FirstNet Board approves $6.5 Billion budget package

The FirstNet Board approved a major budget package, which at $6.585 billion would support a wide swath of developments targeted for Fiscal Year 2017. In addition to $85 million for FirstNet operations, the budget included $6.5 billion obligated toward supporting a network contract in FY17. FirstNet would contribute up to that amount to enable a public/private partnership in the contract, as well as 20 Megahertz of low-band spectrum.

“This mission-driven budget reflects our goals for the organization, for the Network, and for public safety,” said FirstNet Chair Sue Swenson. “It will drive the achievement of major milestones along our Strategic Roadmap in what will be a pivotal year for FirstNet, including critical post-award priorities such as State plans and continued outreach to public safety.” The development couldn’t come soon enough for first responders counting on the network to transmit life-saving information between centers such as police departments, fire departments or emergency medical services. Such responders been told to wait for years now, but are also in a profession that waits for no one.

Rep Ted Lieu (D-CA) to FCC: Fix phone network flaw that allows eavesdropping

A documented weakness in Signaling System 7 has been shown to allow widespread interception of phone calls and text messages (SS7 is the public switched telephone network signaling protocol used to set up and route phone calls; it also allows for things like phone number portability). This weakness in SS7 can even undermine the security of encrypted messaging systems such as WhatsApp and Telegram. In an April segment of 60 Minutes, Rep Ted Lieu (D-CA) allowed hackers to demonstrate how they could listen in on his calls. In light of the mass leak of congressional staffers' contact information by hackers, Rep Lieu is now urging the Federal Communications Commission to take action quickly to fix the problem with SS7. The hackers are purportedly tied to Russian intelligence.

"In light of the recent cyber hack at the [Democratic Congressional Campaign Committee] that released cell phone numbers of all Democratic Members of Congress—reportedly conducted by the Russian Government—our foreign adversaries can now acquire cell phone voice and text data of over 180 Congress members with impunity," Rep Lieu wrote in a letter dated August 22. "This problem is particularly acute given reports that Russia is trying to influence elections in America."

No Matter How You Slice It, Pai Is Right

[Commentary] As one of two Republican commissioners who voted to end the Federal Communications Commission's ban on television-newspaper crossownership only to come up short, FCC Commissioner Ajit Pai summed up his — and the industry's — frustration: "We end[ed] up keeping a rule on the books that almost no one at the FCC actually believes make sense any longer. This is a shame because our regulations should always be shaped only by the facts and law — not crass political considerations."