August 2016

Can We Get Better Wi-Fi Without Jeopardizing Traffic Safety?

[Commentary] It might not be surprising that major industries would mount a big fight over how to deploy a swathe of currently unused spectrum. However, a dispute over a chunk of spectrum located in the 5.9 gigahertz (GHz) band also pits different parts of the federal government against each other and, even in Washington’s ever-more partisan environment, has Republicans and Democrats on both sides. As such, the dispute offers some important insights into the political gamesmanship surrounding spectrum allocation.

States win the right to limit municipal broadband, beating FCC in court

The Federal Communications Commission has lost in an attempt to preempt state laws that restrict the growth of municipal broadband networks.

A three-judge panel of the US Court of Appeals for the Sixth Circuit ruled in favor of the states that opposed the FCC’s rules. "The FCC order essentially serves to re-allocate decision-making power between the states and their municipalities," the judges wrote. "This is shown by the fact that no federal statute or FCC regulation requires the municipalities to expand or otherwise to act in contravention of the preempted state statutory provisions. This preemption by the FCC of the allocation of power between a state and its subdivisions requires at least a clear statement in the authorizing federal legislation. The FCC relies upon Section 706 of the Telecommunications Act of 1996 for the authority to preempt in this case, but that statute falls far short of such a clear statement. The preemption order must accordingly be reversed." The decision was essentially unanimous, with judges John Rogers, Joseph Hood, and Helene White all voting to reverse the FCC's order. Jude White concurred in part and dissented in part, writing a separate opinion to address a few issues not covered in the majority opinion.

The State of the Urban/Rural Digital Divide

While 75 percent of Americans reported using the Internet in July 2015, the longstanding disparity between urban and rural users persists and has emerged in the adoption of new technologies such as the smartphone and social media, according to the latest computer and Internet use data collected for the National Telecommunications and Information Administration.

This suggests that in spite of advances in both policy and technology, the barriers to Internet adoption existing in rural communities are complex and stubborn. In particular, Americans who were otherwise less likely to use the Internet—such as those with lower levels of family income or education—faced an even larger disadvantage when living in a rural area. Conversely, rural individuals with higher levels of education or family income did not have significantly lower adoption rates than their urban counterparts, according to the data. While the digital divide appears to be closing for some demographic communities, the gap between rural and urban populations has remained remarkably consistent for at least as long as NTIA has been gathering data on Internet use. In 1998, 28 percent of Americans living in rural areas used the Internet, compared to 34 percent of those in urban areas. Even as Internet use increased dramatically overall, a rural/urban gap remained in 2015, with 69 percent of rural residents reporting using the Internet, versus 75 percent of urban residents. This data indicates a fairly constant 6-9 percentage point gap between rural and urban communities’ Internet use over time. The data comes from NTIA’s Computer and Internet Use Supplement to the Census Bureau’s Current Population Survey.

US broadband: Still no ISP choice for many, especially at higher speeds

The latest Federal Communications Commission statistics show that Americans still have little choice of high-speed broadband providers.

On the surface, the numbers appear to show that the broadband market has gotten slightly less competitive since 2013. But what has really happened is the FCC is collecting more granular data that better illustrates the lack of choice for most Americans. Things are probably getting a little better as providers boost speeds and new entrants like Google Fiber and municipal ISPs offer service. But the FCC's improved statistical analysis shows how far there is to go. The FCC's latest Internet Access Services report was released just recently and contains data through June 30, 2015. At the FCC's 25Mbps download/3Mbps upload broadband standard, there are no ISPs at all in 30 percent of developed census blocks and only one offering service that fast in 48 percent of the blocks. About 55 percent of census blocks have no 100Mbps/10Mbps providers, and only about 10 percent have multiple options at that speed.

AT&T Fixed Wireless Planned for CAF-Funded Rural Areas

AT&T plans to deploy fixed wireless technology to meet Connect America Fund broadband deployment requirements, said AT&T President of Technology Operations Bill Smith.

The company will use the technology in areas where it is “uneconomical to build wireline” said Smith of AT&T fixed wireless plans in a question and answer session at Pacific Crest Global Technology Leadership Forum. The AT&T fixed wireless deployments apparently will use licensed spectrum, as Smith noted that the company typically buys spectrum covering geographic areas that include rural areas and that in rural areas, the spectrum is “somewhat underutilized.” Smith expects the AT&T fixed wireless service to support speeds of 10 Mbps downstream and 1 Mbps upstream. That’s the minimum speed that Connect America Fund dollars will support. There are “few applications that can’t be supported,” at those speeds, Smith said.

AT&T’s Jim Cicconi to retire

AT&T’s top policy executive is leaving the company. Jim Cicconi will retire at the end of September from the company where he’s worked for more than a decade. Cicconi will be replaced by Bob Quinn, who leads the company’s federal regulatory advocacy.

Emails show Google’s close relationship with the White House

The nonprofit group Campaign for Accountability recently launched a project to compile documents about Google's lobbying practices, obtained through the Freedom of Information Act.

The group says the repository of documents will be a resource for monitoring how Google interacts with the government. The first installment, which the group obtained through an independent researcher, features more than 1,500 pages of emails between the White House Office of Science and Technology Policy and Google employees. In the email exchanges, Google employees coordinate their messaging with the White House, occasionally steering around divisions within the administration. Nothing in the documents suggests improper behavior; they are a window into Google's high-level work on policy matters, and provide a case study on how deep the company's lobbying efforts go.