June 2017

July 1, 2017 (Special Freedom Edition)

BENTON'S COMMUNICATIONS-RELATED HEADLINES for JULY 4 WEEKEND, 2017

Headlines is taking a break to celebrate the 4th of July. We will return THURSDAY, July 6. Have a great, safe weekend.


COMMUNICATIONS & DEMOCRACY
   'Morning Joe' hosts: White House threatened us with tabloid story
   Trump denies threatening ‘Morning Joe’ hosts with National Enquirer story [links to Hill, The]
   Audio shows President Trump threatened to sue CNN at private fundraiser
   Despite hacking charges, U.S. tech industry fought to keep ties to Russia spy service [links to Benton summary]
   Trump’s “election integrity” commission wants every voter’s name, party ID, and address [links to Vox]
   How Trump’s nationwide voter data request could lead to voter suppression [links to Washington Post]
   More state officials refuse to turn over voter roll data [links to Hill, The]
   GOP Lawmakers (and Voters) Plead With Trump: Stop Tweeting [links to Morning Consult]
   How Trump's infuriating secrecy could backfire and lead to long-needed transparency reforms [links to Vox]

INTERNET/BROADBAND
   FCC 'Lifeline' Program Opponents Wage War on the Poor - Free Press
   Broadband Speed Fight
   Assessing the Impact of Removing Regulatory Barriers on Next Generation Wireless and Wireline Broadband Infrastructure Investment - Economics Incorporated analysis
   A Reply to Faulhaber, Singer, and Urschel’s Curious Tale of Economics and Common Carriage (Net Neutrality) at the FCC - analysis [links to Benton summary]
   Forecast: Legal Fireworks on Net Neutrality [links to Benton summary]
   Why it’s time for Texas to show support for net neutrality - Austin American-Stateman op-ed [links to Benton summary]
   The FCC's anti-net neutrality proposal threatens the free and open Internet so critical to all - Cleveland Plain Dealer op-ed [links to Benton summary]
   FBA Files Comments on Accelerating Broadband Deployment - press release [links to Benton summary]
   FBI Declines to Investigate FCC Cyberattack [links to Benton summary]
   Chattanooga, The Surprising City That Rates Highest For TV, Broadband Services [links to Benton summary]

SECURITY/PRIVACY
   FCC Commissioners Spar on Privacy
   It's Time to Protect Consumers Online - Rep Blackburn (R-TN) op-ed

BUDGET
   House Appropriators Move on Trump’s FCC Budget Cut Request [links to Benton summary]

WIRELESS/SPECTRUM
   Verizon Wireless disconnects some heavy data users in rural areas [links to Benton summary]
   Sprint is getting sued for sabotaging RadioShack’s comeback [links to Benton summary]
   How Apple’s iPhone changed the world: 10 years in 10 charts [links to Vox]
   Google Triangle App Will Save Data By Cutting Background Data Usage, Closing Idle Apps [links to International Business Times]
   Comcast and Charter’s talks with Sprint unlikely to produce major deal, analyst predicts [links to Fierce]

CONTENT
   NAFTA negotiations: An opportunity for precedent-setting e-commerce rules [links to American Enterprise Institute]

OWNERSHIP
   FCC Approves Sinclair-Bonten Deal [links to Benton summary]
   Russian radio takes over local DC station [links to Hill, The]

JOURNALISM
   Should Journalists Have the Right to Be Wrong? - [links to Benton summary]
   Goodbye Nonpartisan Journalism. And Good Riddance. - Politico op-ed [links to Benton summary]

POLICYMAKERS
   FCC: Brendan Carr, You Complete Me
   President Trump’s latest FCC nomination could seal net neutrality’s fate [links to Benton summary]
   Safe is the Word for Trump's FCC, Thankfully - TVNewsCheck editorial [links to Benton summary]
   FCC Commissioner Clyburn Watch [links to Benton summary]
   Chairman Pai Announces Hudson To Serve As Director Of The Office Of Workplace Diversity - press release [links to Benton summary]

STORIES FROM ABROAD
   Germany passes law with huge fines for Internet companies that don’t bar hate speech [links to Ars Technica]
   A new candidate for world’s worst media law [links to Columbia Journalism Review]
   Deciphering the European Encryption Debate: United Kingdom [links to New America]

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COMMUNICATIONS & DEMOCRACY

MORNING JOE HOSTS: WH THREATENED US WITH TABLOID STORY
[SOURCE: The Hill, AUTHOR: ]
The hosts of MSNBC’s “Morning Joe” made the startling allegation that senior White House officials threatened them with a negative story in the National Enquirer unless they called President Trump and apologized. Mika Brzezinski and Joe Scarborough, who are engaged to be married, revealed the alleged threat in an op-ed in The Washington Post that was published the morning after President Trump attacked Brzezinski in two widely condemned tweets. "This year, top White House staff members warned that the National Enquirer was planning to publish a negative article about us unless we begged the president to have the story spiked. We ignored their desperate pleas," they wrote. Brzezinski and Scarborough detailed the alleged blackmail attempt during June 30's episode of "Morning Joe." “We got a call that, hey, the National Enquirer is going to run a negative story against you guys, and it was, Donald is friends with — the president is friends with — the guy that runs the National Enquirer,” Scarborough said.
benton.org/headlines/morning-joe-hosts-white-house-threatened-us-tabloid-story | Hill, The | read the op-ed
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AUDIO SHOW TRUMP THREATENED TO SUE CNN AT PRIVATE FUNDRAISER
[SOURCE: The Hill, AUTHOR: Julia Manchester]
President Donald Trump told supporters he wanted to sue CNN at a private fundraiser. “Boy, did CNN get killed over the last few days,” the president said, referring to a retracted story that linked Trump ally Anthony Scaramucci to a Russian investment fund, triggering resignations at the outlet. “It’s a shame what they’ve done to the name CNN, that I can tell you,” continued Trump, who frequently refers to the network as "fake news." “But as far as I’m concerned, I love it. If anybody’s a lawyer in the house and thinks I have a good lawsuit — I feel like we do. Wouldn’t that be fun?” he said. The president’s comments come as tensions have flared between the administration and the media.
benton.org/headlines/audio-shows-president-trump-threatened-sue-cnn-private-fundraiser | Hill, The | The Intercept
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INTERNET/BROADBAND

LIFELINE OPPONENTS WAGE WAR ON THE POOR
[SOURCE: Free Press, AUTHOR: Jessica Gonzalez]
In its analysis of data from 2012 through 2014, the Government Accountability Office was unable to confirm the eligibility of 30 percent of Lifeline users it examined. Opponents hail this finding as proof of widespread fraud. However, the GAO didn’t determine that these individuals were ineligible; it was simply unable to verify whether providers had complied with eligibility guidelines. The GAO also conducted undercover investigations, submitting a total of 21 Lifeline applications using false information and fabricated supporting documents. Investigators were able to secure service from 12 of the 19 Lifeline providers. Notably, the GAO underscored that the tests were “for illustrative purposes to highlight any potential internal control vulnerabilities and are not generalizable.” Although investigators were able to leverage their expertise to deceive certain Lifeline providers, the GAO itself admits this effort doesn’t prove that the program is plagued by fraud. But none of that will stop Lifeline critics — including Federal Communications Commission Chairman Ajit Pai — from using the GAO report to intensify attacks on the program and malign its users. They will continue to dismiss the tremendous opportunities Lifeline has provided for millions of people — and the millions more whose lives can be improved with Lifeline’s new broadband offerings.
benton.org/headlines/fcc-lifeline-program-opponents-wage-war-poor | Free Press
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ECONOMISTS INCORPORATED REPORT
[SOURCE: Economists Incorporated, AUTHOR: Hal Singer, Ed Naef, Alex King]
This study evaluates the estimated impact of the Federal Communications Commission’s recent efforts to remove barriers to investment into next-generation wireless and wireline broadband networks, and thereby to accelerate the transition from legacy copper networks to next-generation services. We estimate that these proposed changes could have a significant impact not only on new wireless and wireline broadband infrastructure investment, but could also positively impact job creation, economic output and consumer welfare. Our models forecast that with these new rules in place, up to an incremental 26.7 million premises would become economical to serve with next generation networks, driving up to $45.3 billion in capital investment. This investment would be made by incumbent service providers across the country and is expected to take place over at least five years.
benton.org/headlines/assessing-impact-removing-regulatory-barriers-next-generation-wireless-and-wireline | Economists Incorporated | ars technica
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BROADBAND SPEED FIGHT
[SOURCE: Politico, AUTHOR: Li Zhou]
A battle is brewing at the Federal Communications Commission between cable and telecom industry groups and state attorneys general over broadband speed investigations. Citing state complaints alleging false advertising of internet speeds, USTelecom and NCTA have asked the FCC for a ruling confirming internet service proviers are following federal transparency rules by posting online their average performance during times of peak usage, as evaluated by the Measuring Broadband America program. But a bipartisan group of 35 attorneys general told the agency the petition “represents nothing more than the industry’s effort to shield itself from state law enforcement.” One of the AGs involved, New York’s Eric Schneiderman, accused Charter in February of misleading customers by advertising internet speeds the company hasn’t delivered. The industry groups say the Charter complaint relies on unofficial speed measurement tools. The deadline for reply comments to the FCC is July 3.
benton.org/headlines/broadband-speed-fight | Politico
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SECURITY/PRIVACY

FCC COMMISSIONERS SPAR ON PRIVACY
[SOURCE: Politico, AUTHOR: Li Zhou]
Broadband privacy sparked the latest Federal Communications Commission dustup. At issue was an FCC order making it clear the 2016 broadband privacy regulations are gone from the agency rule book, as required by a congressional resolution of disapproval back in March. FCC Commissioner Mignon Clyburn used her partial dissent as an opportunity to argue the Republican majority is willing to leave broadband customers without privacy protections. FCC Chairman Pai took issue with that, saying he brought the “ministerial” item to a vote at her request, but she offered no suggested changes. “I am therefore perplexed by her decision to dissent in part,” Chairman Pai said. “When a commissioner does not share her concerns about an item until after she casts her vote, it makes it difficult to work together to find common ground.”
benton.org/headlines/fcc-commissioners-spar-privacy | Politico
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ITS TIME TO PROTECT CONSUMERS ONLINE
[SOURCE: US News and World Reports, AUTHOR: Rep Marsha Blackburn (R-TN)]
[Commentary] The online privacy debate belongs in the halls of Congress, with Republicans and Democrats forging a consensus on how best to protect and empower consumers. I know members on both sides genuinely share concerns about protecting Americans' privacy. The BROWSER Act's opt-in regime will give consumers greater control over how their sensitive personal information is shared and establish regulatory consistency by treating Internet service providers and "edge" providers the same. Having two cops on the beat enforcing different sets of rules isn't fair to anybody and will lead to less certainty when it comes to protecting the privacy of Americans.
benton.org/headlines/its-time-protect-consumers-online | US News and World Reports
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POLICYMAKERS

FCC: BRENDAN CARR, YOU COMPLETE ME
[SOURCE: Benton Foundation, AUTHOR: Kevin Taglang]
[Commentary] On June 28, 2017, President Donald Trump announced his intention to nominate Brendan Carr for the last remaining open seat on the Federal Communications Commission. Actually, you might call it a “double nomination”: Carr is being put forth to complete the remaining term of former FCC Chairman Tom Wheeler which expires June 30, 2018, AND a second full term beginning the next day. The nomination, officially sent to the Senate on June 29, will likely be paired with that of former FCC Jessica Rosenworcel. The two are likely to get a confirmation hearing before the Senate Commerce Committee in July. Here’s a short introduction to Brendan Carr and a look at what his nomination might mean for the FCC moving forward. If you like what the FCC has been doing since Chairman Pai took the reins, the recent nominations and hoped-for confirmations are great news. Writing in The Verge, Jacob Kastrenakes notes, “the FCC will be able to start accomplishing a lot more.” Why? The FCC has only had three commissioners this year and “That’s meant fewer people to deal with day-to-day regulatory issues, less expertise on the many technical questions the commission faces, and the potential for stalled votes, since a minimum of three commissioners is needed to approve new policies.” In short, a full FCC gives the commission’s majority a firmer hold. Once three commissioners vote on an item, the other two are forced to take a vote, too, and Republicans can use that to move things along at a quicker pace. They also no longer face the threat of the lone Democrat on the commission skipping a vote so that an item can’t go through, Kastrenakes wrote.
benton.org/headlines/fcc-brendan-carr-you-complete-me | Benton Foundation
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FCC: Brendan Carr, You Complete Me

[Commentary] On June 28, 2017, President Donald Trump announced his intention to nominate Brendan Carr for the last remaining open seat on the Federal Communications Commission. Actually, you might call it a “double nomination”: Carr is being put forth to complete the remaining term of former FCC Chairman Tom Wheeler which expires June 30, 2018, AND a second full term beginning the next day. The nomination, officially sent to the Senate on June 29, will likely be paired with that of former FCC Jessica Rosenworcel. The two are likely to get a confirmation hearing before the Senate Commerce Committee in July. Here’s a short introduction to Brendan Carr and a look at what his nomination might mean for the FCC moving forward. If you like what the FCC has been doing since Chairman Pai took the reins, the recent nominations and hoped-for confirmations are great news. Writing in The Verge, Jacob Kastrenakes notes, “the FCC will be able to start accomplishing a lot more.” Why? The FCC has only had three commissioners this year and “That’s meant fewer people to deal with day-to-day regulatory issues, less expertise on the many technical questions the commission faces, and the potential for stalled votes, since a minimum of three commissioners is needed to approve new policies.” In short, a full FCC gives the commission’s majority a firmer hold. Once three commissioners vote on an item, the other two are forced to take a vote, too, and Republicans can use that to move things along at a quicker pace. They also no longer face the threat of the lone Democrat on the commission skipping a vote so that an item can’t go through, Kastrenakes wrote.

FCC 'Lifeline' Program Opponents Wage War on the Poor

In its analysis of data from 2012 through 2014, the Government Accountability Office was unable to confirm the eligibility of 30 percent of Lifeline users it examined. Opponents hail this finding as proof of widespread fraud. However, the GAO didn’t determine that these individuals were ineligible; it was simply unable to verify whether providers had complied with eligibility guidelines. The GAO also conducted undercover investigations, submitting a total of 21 Lifeline applications using false information and fabricated supporting documents. Investigators were able to secure service from 12 of the 19 Lifeline providers. Notably, the GAO underscored that the tests were “for illustrative purposes to highlight any potential internal control vulnerabilities and are not generalizable.”

Although investigators were able to leverage their expertise to deceive certain Lifeline providers, the GAO itself admits this effort doesn’t prove that the program is plagued by fraud. But none of that will stop Lifeline critics — including Federal Communications Commission Chairman Ajit Pai — from using the GAO report to intensify attacks on the program and malign its users. They will continue to dismiss the tremendous opportunities Lifeline has provided for millions of people — and the millions more whose lives can be improved with Lifeline’s new broadband offerings.

Chairman Pai Announces Hudson To Serve As Director Of The Office Of Workplace Diversity

Federal Communications Commission Chairman Ajit Pai announced that the agency has chosen Larry Hudson to serve as Director of the Office of Workplace Diversity, continuing the work he has been doing as acting director.

Prior to joining the FCC in 2015, Hudson served as the Chief, Employee and Labor Relations for the Bureau of Administration, Bureau of Information Resource Management, and Bureau of Conflict and Stabilization Operations at the State Department. He has held positions at the Federal Transit Administration, Federal Aviation Administration and the National Park Service. Hudson possesses more than 20 years of labor and employee relations experience from the private, public and military sectors. His initial introduction to human resources came while he served active duty in the US Air Force. Hudson is a trained mediator, formerly certified by the Virginia Supreme Court. He has also obtained the Professional in Human Resources (PHR) certification and Myers-Briggs Type Indicator (MBTI) practitioner certification. He has a Master of Science Degree in Human Resources Management from Chapman University, a Master of Science Degree in Administration from Central Michigan University, and a Bachelor of Science Degree in Management from the University of Maryland.

Safe is the Word for Trump's FCC, Thankfully

[Commentary] The newly constituted Federal Communications Commission is conservative and deregulatory, but in a way you would expect had any of the establishment Republicans won the White House last November. When Trump won, I worried that he would stack the FCC with nut-job loyalists so that he could follow through with his threats against the media. Luckily, that didn't happen.

FCC Approves Sinclair-Bonten Deal

Sinclair Broadcast Group has added seven stations to its growing group. The Federal Communications Commission granted the transfer of seven full-power stations from Bonten Media Group to Sinclair and granted Sinclair's request that KCFW Kalispell (MT) continue to operate as a satellite of KECI Missoula (MT) under the satellite exception to the duopoly prohibition in smaller markets (ones without eight independent voices). "Given that KCFW is the only full power television station in its community of license, is located in a community of license with limited economic viability, and is costly to operate as a stand-alone station, it is unlikely that an alternative operator would be willing and able to purchase or operate the station as a stand-alone facility," the FCC said in retaining the satellite exemption. The transfer of that was unopposed.

FBA Files Comments on Accelerating Broadband Deployment

The Fiber Broadband Association commended the Federal Communications Commission’s efforts towards removing regulatory roadblocks to nationwide broadband deployment. FBA also offered significant barrier-reducing steps to help make that happen. First, FBA suggested that the Commission should amend its pole attachment rules to address practices of many pole owners and existing attachers that delay and increase the cost of access. Second, FBA urged the Commission to repeal the 2015 network change notification rule, which imposes an unnecessary and costly process, thereby hindering investment in fiber infrastructure. Third, FBA proposed that the Commission adopt criteria that can be used to readily determine which state and local laws and regulations violate Section 253 of the Communications Act and inhibit broadband deployment.