October 2016

AGENDA

FCC AGENDA
[SOURCE: Federal Communications Commission, AUTHOR: Press release]
Federal Communications Commission Chairman Tom Wheeler announced that the following items are tentatively on the agenda for the October Open Commission Meeting scheduled for Thursday, October 27, 2016:
Protecting the Privacy of Customers of Broadband and other Telecommunications Services: The Commission will consider a Report and Order that applies the privacy requirements of the Communications Act to broadband Internet access service providers and other telecommunications services to provide broadband customers with the tools they need to make informed decisions about the use and sharing of their information by their broadband providers. (WC Docket No.16-106)
Deceptive Marketing: The Commission will separately consider four Memorandum Opinions and Orders that dismiss and deny Petitions for Reconsideration of four Forfeiture Orders issued by the Commission for the deceptive marketing of prepaid calling cards. Separately, the FCC announced it has lifted the sunshine restrictions applicable to Expanding Consumers’ Video Navigation Choices (MB Docket No. 16-42); Commercial Availability of Navigation Devices (CS Docket No. 97-80) – an item that was deleted from the Commission’s Sept meeting agenda. So, talk amongst yourselves.
benton.org/headlines/fcc-announces-tentative-agenda-october-2016-open-meeting | Federal Communications Commission | Sunshine Notice
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BROADBAND PRIVACY PROPOSAL

WHEELER BROADBAND PRIVACY PROPOSAL
[SOURCE: Federal Communications Commission, AUTHOR: Press release]
Federal Communications Commission Chairman Tom Wheeler has circulated to his fellow Commissioners a proposed Order to give consumers the tools they need to choose how their Internet service provider (ISP) uses and shares their
personal data. Building on widely accepted privacy principles, the rules would require that ISPs provide their customers with meaningful choice and keep customer data secure while giving ISPs the flexibility they need to continue to innovate. The rules, if adopted, would not prohibit ISPs from using or sharing their customers’ information – they would simply require ISPs to put their customers in the driver’s seat when it comes to those decisions. The approach Chairman Wheeler is recommending reflects extensive public comments received in response to the comprehensive proposal adopted by the Commission in March, including input from the Federal Trade Commission. Here's an outline of Chairman Wheeler's proposal:
Focus is on providing consumers choice over how to protect their privacy and their children's privacy online.
ISPs must tell customers about the collection, use, and sharing of their information.
Prohibits "Take-it-or-leave-it" offers, meaning that an ISP can't refuse to serve customers who don't consent to the use and sharing of their information for commercial purposes.
The full Commission will vote on the proposed Order at the FCC’s October 27 Open Meeting.
benton.org/headlines/chairman-wheelers-proposal-give-broadband-consumers-increased-choice-over-their-personal | Federal Communications Commission
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PROTECTING PRIVACY
[SOURCE: Federal Communications Commission, AUTHOR: FCC Chairman Tom Wheeler]
Earlier in 2016, the Federal Communications Commission launched a proceeding aiming to extend similar privacy protections to the information collected by your broadband provider. Our goal throughout the process has been straightforward: to give consumers the tools they need to make informed decisions about how ISPs use and share their data, and the confidence that ISPs are taking steps to keep that data secure, all while providing ISPs the flexibility they need to continue to innovate. Over the past six months, we’ve engaged with consumer and public interest groups, fixed and mobile ISPs, advertisers, app and software developers, academics, other government actors including the FTC, and individual consumers to figure out the best approach. Based on the extensive feedback we’ve received, I am proposing new rules to provide consumers increased choice, transparency and security online. I have shared this proposal with my colleagues and the full Commission will consider these proposed privacy rules at our upcoming monthly meeting on October 27. Under the proposed rules, an ISP would be required to notify consumers about what types of information they are collecting, specify how and for what purposes that information can be used and shared, and identify the types of entities with which the ISP shares the information. In addition, ISPs would be required to obtain affirmative “opt-in” consent before using or sharing sensitive information. Information that would be considered “sensitive” includes geo-location information, children’s information, health information, financial information, social security numbers, web browsing history, app usage history, and the content of communications such as the text of emails. All other individually identifiable information would be considered non-sensitive, and the use and sharing of that information would be subject to opt-out consent. Calibrating consent requirements to the sensitivity of the information aligns with consumer expectations and is in harmony with other key privacy frameworks and principles – including those outlined by the FTC and the Administration’s Consumer Privacy Bill of Rights. The proposed rules are designed to evolve with changing technologies, and would provide consumers with ways to easily adjust their privacy preferences over time. The proposed rules also require ISPs to take reasonable measures to protect consumer data from breaches and other vulnerabilities. If a breach does occur, the rules would require ISPs to take appropriate steps to notify consumers that their data have been compromised.
benton.org/headlines/protecting-privacy-broadband-consumers | Federal Communications Commission
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ACCESSIBILITY

FCC WHITE PAPER ON ICT AND INDIVIDUALS WITH COGNITIVE DISABILITIES
[SOURCE: Federal Communications Commission, AUTHOR: ]
This White Paper discusses the need for access to information and communications technologies by people with cognitive disabilities, and what that access entails. It highlights the importance of ICT, and the particular benefits that these technologies can afford individuals with cognitive disabilities. The part that follows identifies the following three reasons that people with cognitive disabilities have not adopted ICT at the same rate as Americans without disabilities: (1) the failure of many technologies to be accessible to people with cognitive disabilities; (2) the lack of effective outreach to people with cognitive disabilities about the availability of accessible features and practical uses of those features, which has led to misconceptions about ICT’s relevance to this population; and (3) the tendency of people with cognitive disabilities to have lower incomes and therefore be less able to afford certain technology. With this White Paper, the FCC’s Consumer and Governmental Affairs Bureau recommends several solutions and adaptive tools to address each of these barriers to access and adoption. The paper concludes by clarifying the legal bases underlying the rights to ICT access by people with cognitive disabilities.
benton.org/headlines/individuals-cognitive-disabilities-barriers-and-solutions-accessible-information-and | Federal Communications Commission
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WHEELER SPEECH AT COLEMAN INSTITUTE CONFERENCE ON COGNITIVE DISABILITIES AND TECH
[SOURCE: Federal Communications Commission, AUTHOR: FCC Chairman Tom Wheeler]
I’d like to use my remarks to bring you up to speed on what we’re doing at the Federal Communications Commission to address the challenges of Americans with cognitive disabilities We are at a time when digital technology – Internet Protocol, or “IP” technology – offers the greatest opportunity in history to use technology to attack challenges that have affected individuals since the beginning of time – including the 30 million Americans with cognitive disabilities. We are at an historical juncture. If we don’t do everything possible to harness this marvelous new technology revolution to attack the challenges of individuals with disabilities, then shame on us. One of the most important things that needs to happen is that accessibility needs to be baked into the development of mainstream consumer electronics and services. I said it before, but it bears repeating, access to the wonders of technology must be a forethought, not an afterthought. The FCC’s Disability Rights Office has also taken an in-depth look at communications technologies for people with cognitive disabilities, noting accessibility barriers and delineating steps we can take to ensure that our policies eliminate them. Today, I am proud to announce the release of the Commission’s very first White Paper on cognitive disabilities which discusses these issues and presents solutions for accessible information and communication technologies. The paper identifies three primary barriers. First, the lack of accessibility; and second, economic barriers, resulting from the lower incomes that are prevalent in this population. But – and I’m sure this is no surprise to you – we found something else that appears to be preventing the full utilization of emerging communications technologies. That is the lack of outreach to people with cognitive disabilities and their support networks about both their rights to accessible technologies and the availability of some communications technologies that can already improve their daily lives in significant ways...So here’s the bottom line. This is our time to make a difference.
benton.org/headlines/remarks-chairman-wheeler-coleman-institute-conference-cognitive-disabilities-and | Federal Communications Commission
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INTERNET/BROADBAND

FACEBOOK TALKING TO WH ABOUT GIVING YOU 'FREE' INTERNET.
[SOURCE: Washington Post, AUTHOR: Brain Fung]
Apparently, Facebook has been in talks for months with US government officials and wireless carriers with an eye toward unveiling an American version of an app that has caused controversy abroad. The company is trying to determine how to roll out its program, known as Free Basics, in the United States without triggering the regulatory scrutiny that effectively killed a version of the app in India earlier in 2016. If Facebook succeeds with its US agenda for Free Basics — which has not been previously reported — it would mark a major victory for the company as it seeks to connect millions more to the Web, and to its own platform. The US version of Free Basics would target low-income and rural Americans who cannot afford reliable, high-speed Internet at home or on smartphones. The app does not directly pay for users' mobile data. Rather, it allows users to stretch their data plans by offering, in partnership with wireless carriers, free Internet access to resources such as online news, health information and job leads. Exactly what specific services would be offered in the US app has not been determined. But the idea to bring Free Basics to the United States is likely to rekindle a long-running debate about the future of the Internet. On one side are those who view services such as Facebook's as a critical tool in connecting underserved populations to the Internet, in some cases for the first time. On the other side are those who argue that exempting services from data caps creates a multitiered playing field that favors businesses with the expertise and budgets to participate in such programs. The fight over this tactic, known as “zero-rating,” has largely taken place overseas where local start-ups are mixing with globally established firms in still-nascent Internet economies. But a launch of Free Basics would bring the discussion to US shores in a major way.
benton.org/headlines/facebook-talking-white-house-about-giving-you-free-internet-heres-why-may-be-controversial | Washington Post
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WHY TECH ALONE CAN'T HELP PEOPLE OUT OF POVERTY
[SOURCE: Deseret News, AUTHOR: Chandra Johnson]
Just a few years ago, life was dramatically different for 38-year-old Washington (DC) resident Behrooz Bakhtiary. Bakhtiary was a single father working odd jobs as a security guard, a club bouncer and a hotel concierge to pay child support when his 5-year-old daughter, Therela, was diagnosed with leukemia. Looking for a job online meant time spent walking to a public library to get access to a computer and the Internet to search for jobs — time that was hard to come by while already working full-time and trying to raise a 5-year-old. For millions of Americans, this Catch-22 is known as the digital divide — a term that once applied to people without Internet access but now refers to a spectrum of people whose lives are impacted by the limitations of Internet access. Ironically, many experts argue that those trapped in the digital divide struggle to get out because of technology’s impact on the job market. “There are fewer and fewer jobs where you don’t have to interact with any type of technology,” Brookings Institute senior fellow Martha Ross said. Educational opportunities around technology are important because as the number of jobs that don’t require much formal education has ebbed, education has struggled to give students the skills they need to keep up with the pace of technology changes. While public schools and colleges argue over how soon some technology skills, such as coding, should be implemented into curriculum (some say children should start before they enter school), people who are not digital natives need stop-gap education in the meantime.
benton.org/headlines/why-technology-alone-cant-lift-people-out-poverty | Deseret News
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CHANGING MUNICIPAL BROADBAND RESTRICTIONS
[SOURCE: Fierce, AUTHOR: Sean Buckley]
Chattanooga’s EPB says that while it is still limited by Tennessee law to selling 1 Gbps FTTH service within its defined borders, the municipal fiber provider is confident that growing demand for higher speed broadband could drive a change to current legislation. Despite the legal barrier, the service provider continues to get requests from nearby towns to get their broadband service. At the same time, local incumbent telcos like AT&T have not made any moves to upgrade their facilities to offer faster speeds that consumers want. “We have a defined electric power footprint and the state of Tennessee only allows us to offer internet service within that defined electric power footprint and our answer has always been no,” said Danna Bailey, VP of corporate communications for EPB. “We’d like to serve you because Tennessee law prohibits it and it’s become a statewide issue as we hear more stories in not-always rural parts of the state who have access to little or no broadband at all.” The service provider has begun working with six other communities in Tennessee that have built out similar FTTH networks. As part of that work, the communities have continued to petition the state general assembly to get the law changed, but no progress has been made. “We haven’t been successful in working with the Tennessee general assembly to get this law changed,” Bailey said. “I expect that will come up again on the docket this winter when general assembly goes back into session.” EPB and the other communities continue to hear about more voters telling them stories about how students have to drive to a local restaurant to use Wi-Fi to complete homework assignments.
benton.org/headlines/epb-says-public-demand-will-help-change-municipal-broadband-laws | Fierce
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RURAL ADVOCATES PUSH FOR BETTER INTERNET, MORE OPPORTUNITY FOR KIDS
[SOURCE: Public News Service, AUTHOR: ]
More than half of rural America doesn't have broadband service, and often, little or no access to the Internet at all, so rural advocates are issuing a call to action. The National Rural Assembly said its highest priorities for small-town America are better Internet access, improved opportunities for young people, and playing a bigger role in fighting climate change. Sean McLaughlin, the executive director of Access Humboldt in Eureka (CA), is a founding member of the Assembly's rural broadband group. He said large swaths of northern and eastern California lack a fast Internet connection, strangling commerce and putting students at a disadvantage. "You have no way to get your homework done," he said. "It's really quite a handicap for education, particularly for students who are trying to apply to college; economic opportunities, to find jobs." More than 50 million Americans live in rural communities, which make up more than 80 percent of the country's land mass. The National Rural Assembly is a coalition of more than 500 organizations. It has dubbed its new campaign "Kids, Climate, Connection."
benton.org/headlines/rural-advocates-push-better-internet-more-opportunity-kids | Public News Service
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CHATTANOOGA BROADBAND COMPETITION
[SOURCE: Fierce, AUTHOR: Sean Buckley]
Comcast may have been one of the most vocal opponents to the fiber-to-the-home moves by Chattanooga, Tennessee-based utility EPB, but the company’s efforts over the past year to wire the city with fiber-based 2 Gbps services for residential and businesses is giving customers more choice. While Comcast has not revealed how many customers have signed up for its 2 Gbps service in Chattanooga -- a much smaller market in comparison to other ones it serves like Chicago -- its moves are a likely response to EPB’s efforts to offer the community 1 Gbps and even 10 Gbps fiber-based services. Comcast has increased its network investments and launched new products in the city, including Gigabit Pro, Comcast’s 2-gigabit internet service, and installed hundreds of Xfinity Wi-Fi hotspots in its markets. Gigabit Pro is a FTTH-based service, which requires a special installation at the home. The cable MSO has been no less aggressive on the business front. In June, Comcast Business completed a multi-million dollar fiber optic network across greater Chattanooga capable of delivering up to 10-gigabit speeds to local businesses. Even though Chattanooga is not a Tier 1 city, Comcast and even incumbent telecom AT&T are bringing better broadband into the area, responding to a competitive environment.
benton.org/headlines/epbs-gigabit-challenge-comcast-att-win-chattanooga-exec-says | Fierce
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GLOBAL ECONOMY LOSES BILLIONS FROM INTERNET SHUTDOWNS
[SOURCE: Brookings, AUTHOR: Darrell West]
In June 2016, the United Nations Human Rights Council passed a non-binding resolution condemning the intentional shutdown or disruption of domestic Internet access. Despite the support of many member states, governments such as India, Saudi Arabia, Morocco, Iraq, Brazil, the Republic of the Congo, Pakistan, Bangladesh, Syria, Turkey, and Algeria have shut down Internet or mobile service, sometimes for an extended period. In my new paper, I detail the economic costs to countries that intentionally disrupt citizens’ digital access. I found 81 short-term Internet shutdowns that occurred in 19 countries between July 1, 2015 and June 30, 2016, and estimated that such obstruction cost the global economy at least US$2.4 billion. During the past year, India lost $968 million from Internet shutdowns, Saudi Arabia lost $465 million, Morocco lost $320 million, Iraq lost $209 million, Brazil lost $116 million, and the Republic of the Congo lost $72 million, among other nations.
benton.org/headlines/global-economy-loses-billions-internet-shutdowns | Brookings
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OPEN GOVERNMENT

LIFELINE DISCLOSURE
[SOURCE: Federal Communications Commission, AUTHOR: FCC Inspector General David Hunt]
In a letter dated April 15, 2016, to Federal Communications Commission Chairman Tom Wheeler, Senate Commerce Committee Chairman John Thune (R-SD) asked that the FCC address concerns raised by him regarding the potential violation of 47 C.F.R. § 19.735-203, pertaining to disclosure of "nonpublic information. . . directly or indirectly, to any person outside the Commission," as a complaint requiring an investigation pursuant to 47 C.F.R. § 19.73 5-107(b). Specifically, Chairman Thune expressed concern that information regarding the 2016 Lifeline Modernization Order, 31 FCC Rcd 3962 (2016), specifically news of an agreement among FCC Commissioners O'Rielly, Pai and Clyburn to vote for a hard cap on Lifeline spending set at $2 billion (the "deal" or "compromise"), appeared in the news media publications Politico and Broadcasting & Cable prior to the FCC's vote on the Lifeline Order. Based on Investigators' review of phone records, email messages and interviews, Gigi Sohn, Counselor to the FCC Chairman, provided some of the information revealed in the Politico story that appeared at approximately 10:49 am on March 31, 2016. In an interview, Sohn revealed that Shannon Gilson, FCC Communications Director, requested that Sohn call Politico reporter Margaret McGill and inform McGill that the FCC meeting was delayed from 10:30 until 12:00 and that there was a compromise on Lifeline, including the fact that there would be an annual cap on the amount of money available in the Lifeline program. Sohn was instructed not to tell McGill the amount of the agreed-upon cap. In an interview, Gilson explained that throughout the morning of March 31st, the FCC Office of Media Relations had been inundated with calls from the press and that it was clear many reporters and stakeholders were already aware a deal was being crafted by Commissioner Clyburn and the Republican commissioners. Thus, because she felt it would be beneficial to get the story out accurately, Gilson sought and received authorization from Chairman Wheeler and Ruth Milkman, Wheeler’s Chief of Staff, to provide the press with high level details. Gilson exercised her discretion in choosing both Politico and McGill as the appropriate recipients of this information, and instructed Sohn to make the call. We have been unable to determine with certainty who provided McGill with the information on the amount of the agreed upon cap. We found no evidence that the information was provided to the press in an attempt to unduly influence the outcome of the vote.
benton.org/headlines/lifeline-disclosure | Federal Communications Commission
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THUNE STATEMENT
[SOURCE: US Senate Commerce Committee, AUTHOR: Press release]
The findings by the inspector general reveal significant dysfunction and a lack of transparency at the [Federal Communications Commission]. Under the agency’s current interpretation, the FCC chairman is free to leak cherry-picked details about proceedings and deliberations while other commissioners are gagged and even kept in the dark about decisions by the chairman to approve such leaks. Worse yet, the FCC is not keeping a record of decisions by the chairman to disclose non-public information. This report is yet another indication of increased partisanship and dysfunction at the FCC that underscores the need for Congress to reform how the agency does business.
benton.org/headlines/chairman-thune-statement-fcc-ig-report-concluding-chairman-wheeler-initiated-lifeline-leak | US Senate Commerce Committee
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October 2016

Netflix CEO Reed Hastings on Trump: 'It's so bad for America if he wins'

October 7, 2016 (FCC Agenda; New Comcast Data Caps)

FCC Announces Tentative Agenda For October 2016 Open Meeting

White House Coordinated on Clinton Email Issues, New Documents Show

Most Comcast customers now have a 1TB home internet data cap

New York cities pin economic growth on $750M gigabit internet plan

Protest Against Fox Correspondent Accused of Racism for Chinatown Interviews

Verizon to Start Selling Wireless Data Plans for Drones

Protecting Privacy for Broadband Consumers

Lifeline Disclosure