January 2017

Buzz: Eshoo may give up telecom ranking spot

The rumor swirling on K Street and Capitol Hill is that Rep Anna Eshoo (D-CA), the top Democrat on House Commerce communications subcommittee, has told people she won’t continue in that role in the new Congress. Rep Eshoo, who has served as the telecommunications ranking member for the last six years, declined to comment, but apparently while it’s not a done deal, they see the likely outcome as her relinquishing the role. The expectation is that rep Eshoo, 74, would retain a rank-and-file seat on the telecom subcommittee and also pursue a spot on Energy and Commerce’s health subcommittee — and potentially throw her hat into the ring to lead Democrats on the health subcommittee, although apparently some are less convinced she would do that.

Rep Eshoo giving up the top slot on the telecom panel, if that’s what winds up happening, would be a blow for tech companies, which she often supports. It would also open the door to new leadership there: Rep Mike Doyle (D-PA), the No 2 Democrat on the subcommittee, would be a top contender to replace her, though Rep Doris Matsui (D-CA) and Rep Gene Green (D-TX) — if Rep Eshoo were to wrest the health subcommittee ranking member post from him — could also pursue the position.

House Commerce Committee Chairman Walden Welcomes New Republican Members To Committee

House Commerce Committee Chairman Greg Walden (R-OR) welcomed four incoming Republican members to the committee. "I am thrilled to welcome our newest members to an already stellar team at the Energy and Commerce Committee. Whether it is fixing our broken health care system or unleashing the full strength of the American economy, the committee is poised to tackle some of the most important issues facing our nation. From day one, we will work tirelessly to leverage the unique strengths of our new and returning members to ensure we continue the committee’s long record of bipartisan success,” said Chairman Walden.

The new Republican members of the House Energy and Commerce Committee, in alphabetical order, are:
Buddy Carter (R-GA)
Ryan Costello (R-PA)
Tim Walberg (R-MI)
Mimi Walters (R-CA)

Top US intelligence official: Russia meddled in 2016 election through hacking and spreading of propaganda

The country’s top intelligence official said that Russia’s meddling in the 2016 presidential campaign consisted of hacking, as well as the spreading of traditional propaganda and “fake news.” “Whatever crack, fissure, they could find in our tapestry . . . they would exploit it,” said Director of National Intelligence James R. Clapper Jr., testifying before the Senate Armed Services Committee on foreign cyber threats, and especially Russian hacking and interference in the campaign.

The hearing came as President-elect Donald Trump has loudly and repeatedly voiced skepticism that the Kremlin was orchestrating the effort, directly clashing with the view of the US intelligence community and the committee’s chairman, Sen John McCain (R-AZ). Every American “should be alarmed by Russia’s attacks on our nation,” Sen McCain said at the opening of the packed hearing. “There is no national security interest more vital to the United States of America than the ability to hold free and fair elections without foreign interference,” he said. Sen Lindsey O. Graham (R-SC) asked Director Clapper if he was ready to be challenged by President-elect Trump, and Director Clapper said he is. Sen Graham also advised Trump, “Mr. President-elect, when you listen to these people, you can be skeptical, but understand they’re the best among us and they’re trying to protect us.”

House Homeland Security Committee Chairman: Confident Russia Tried to Interfere With Election

House Homeland Security Committee Chairman Michael McCaul (R-TX) does not share President-elect Donald Trump's skepticism about the intelligence concerning Russia's interference in the recent election. In a press conference on new cybersecurity recommendations from a Center for Strategic and International Studies’ task force he co-chairs, Chairman McCaul said he had made it clear to the Obama Administration and the incoming Trump Administration that—from the intel he had seen, both classified and non-classified—Russia interfered with the election and there should be consequences.

Chairman McCaul said the intelligence community is not always right, citing the Iraq weapons of mass destruction intel, but in this case he appeared confident that Russia had tried to interfere with the election, and, if not favor one candidate, perhaps disfavor another. Chairman McCaul said his highest cybersecurity priority would be push for a single, strong cybersecurity agency under the Department of Homeland security. He also said the government needs to do more to help networks protect themselves and share threat information. He said the criminals, hactivists and nation states are winning the cyber war, undermining "the very foundations of our Republic."

Hundreds of Customers Complained to the FCC That AT&T Switched Their Data Plans

Back in November 2016, Consumer Reports announced the results of a survey that didn’t feel like news at all: People really hate their cell phone carriers. And while feeling screwed is almost part of the deal of owning a mobile phone, hundreds of irate customers literally think they’re being cheated by AT&T, according to information coming from complaints to the Federal Communications Commission obtained by a Freedom of Information Act Request. Among more than 500 complaints in the past three years, hundreds allege that the company is either changing customers’ plans without their consent, or attempting to do so by exerting pressure or promising cost savings.

These are serious allegations—because in 2012, the mobile giant settled with the FCC in a consent decree (meaning there was no admission of guilt) for $700,000 after numerous customers complained that AT&T changed their data plans without their knowledge or consent (usually away from the highly coveted unlimited data plans that are no longer offered, except to U-Verse or DirecTV subscribers). A review contained more than 50 instances of customers alleging that their plans were switched on them without their knowledge or consent. These all happened from 2013 to late 2016—after the consent decree.

Democratic lawmakers, civil libertarians blast fines for live-streaming on House floor

Civil libertarians are blasting new rules from House Republicans that would impose fines on lawmakers who take pictures or live-stream video on the House floor. The fines are intended to prevent a repeat of protests like the sit-in by House Democrats in 2016 calling for gun control legislation after the mass shooting in an Orlando (FL) nightclub. Democratic Reps broadcast their sit-in on social media, including Periscope and Twitter, after GOP leadership cut the camera feed that was being aired by C-SPAN.

Democratic Reps in the House Judiciary Committee released a letter by a group of law professors denouncing the fines, which they believe pose “significant constitutional and policy problems.” “If adopted, the new provisions would undermine core constitutional protections under Article I of the Constitution and the Bill of Rights,” wrote the group, which included Laurence Tribe of Harvard University and scholar Norman Ornstein.

Secretary of Commerce Pritzker Highlights Key Departmental Accomplishments During Obama Administration

Secretary of Commerce Penny Pritzker submitted her exit memorandum to President Barack Obama highlighting the Department of Commerce’s major accomplishments that helped grow the US economy during the past eight years. Sec Pritzker’s “Open for Business” agenda focused the efforts of the Department’s 12 bureaus and 46,000 employees on five pillars – trade and investment; innovation; data; environment; and operational excellence – in order to achieve its single mission of helping to create the conditions for economic growth, job creation, and opportunity across the United States. Two specific areas of achievement denoted in the memorandum were strengthening the digital economy and trade enforcement.

Cybersecurity: In an economy increasingly vulnerable to cybersecurity threats, the Department plays a central role in the federal government’s policymaking focused on securing America’s data networks and systems. In 2014, the Department released the Framework for Improving Critical Infrastructure Cybersecurity. Created through unprecedented collaboration between private industry and government, the voluntary Framework consists of standards, guidelines, and practices that promote the protection of critical infrastructure networks. The Framework has become the gold standard for cyber-risk management and has gained widespread acceptance.

FCC Adjusts Regulated Cable Rates

Rate-regulated cable services can boost their non-external cost base for basic rates by 1.42%. That is the latest inflation adjustment announced by the Federal Communications Commission for those filing their rate forms, based on changes from July 1, 2016 to Sept. 30, 2016. The increase for April-June was 2.3%.

Local franchise authorities can, but are not required to, regulate basic rates where there is a lack of effective competition. The price (of the non-external cost portion of rates) is adjusted quarterly based on changes in the GNP price index published by the State Department's Bureau of Economic analysis. Pay-TV providers are allowed to pass though external costs, like program price increases, but those can be reviewed by the local franchise authority (LFA), which is the one doing the rate regulating rather than the FCC. It will be the 85th such quarterly adjustment since the FCC started releasing them.

Are tech titans crushing competition, or is it Washington?

[Commentary] Liberal economists recently have begun to worry about industry concentration and market power. Some conservatives may even distrust these firms for their aggressive efforts over the last decade to push the Federal Communications Commission to regulate broadband and wireless network firms, better known as the “net neutrality” wars.

But turning against these titans of American innovation would be foolhardy for consumers, workers, and for the US economy. The best way to regulate the size, behavior, and prices of technology’s titans is by removing the obstacles to vibrant entrepreneurship, thus allowing the next Google or Amazon to challenge, displace, or transcend today’s titans.

[Bret Swanson is president of Entropy Economics LLC.]