June 2017

Analysis

Innovators in Digital Inclusion: Free Geek

Broadband access and adoption are essential for full participation in our society, for education, for public health, and for public safety. But nagging gaps in broadband adoption exist in too many U.S. communities. In Digital Inclusion and Meaningful Broadband Adoption Initiatives, Dr. Colin Rhinesmith explores successful, local efforts to help low-income individuals and families overcome the barriers to broadband adoption. Dr.

Chairman Walden Ties Rural Broadband Access to Net Neutrality Fight

House Republicans are tying an ongoing process to roll back Obama-era network neutrality rules with their efforts to expand broadband internet access in rural areas. House Commerce Committee Chairman Greg Walden (R-OR) offered legislation earlier in 2017 to exempt Internet service providers with fewer than 250,000 subscribers from transparency requirements that were mandated under the FCC’s 2015 Open Internet Order. Sen Steve Daines (R-MT) has proposed a similar bill on his side of the Capitol.

“While I applaud strongly and enthusiastically what [FCC] Chairman [Ajit] Pai and the commission approved, it does not cover everything that needs to be covered,” Chairman Walden said. “And so I’m hopeful that we can move forward with the legislation that passed the House by a voice vote in January. Hopefully, the Senate would be able to take that up and move it forward.” Chairman Walden, whose 2nd District in eastern Oregon is nearly 70,000-square-miles in size and largely rural, added that high-speed internet access is a particularly important commodity to constituents who lack access to needed services. “I’ve got three counties with no hospitals and no doctors,” he said. “Access for education, access for tele-health, access for the economy and access to high-speed broadband is essential for their way of life in the modern age. And to me, this is the same as saying they need access to water and power and roads.” That’s a similar theme sounded by Chairman Pai during a swing through five northern states to meet with rural broadband providers about the challenges they face in offering internet service to rural communities.

FCC Seeks Nominations for Membership on Advisory Committee on Diversity and Digital Empowerment

The Federal Communications Commission is seeking nominations for membership on, and a Chairperson for, the Advisory Committee on Diversity and Digital Empowerment (the Committee). The FCC intends to establish the Committee for a period of two (2) years, with an expected starting date in the fall of 2017.

The Committee’s mission will be to provide recommendations to the FCC on how to empower disadvantaged communities and accelerate the entry of small businesses, including those owned by women and minorities, into the media, digital news and information, and audio and video programming industries, including as owners, suppliers, and employees. It will also provide recommendations to the Commission on how to ensure that disadvantaged communities are not denied the wide range of opportunities made possible by next-generation networks. This Committee is intended to provide an effective means for stakeholders with interests in these areas to exchange ideas and develop recommendations to the Commission on media ownership and procurement opportunities, empowering communities in order to spur educational, economic, and civic development, and consumer access to digital technologies. The Committee’s work is intended to enhance the Commission’s ability to carry out its statutory responsibility to promote policies favoring diversity of media voices, localism, vigorous economic competition, technological advancement, and promotion of the public interest, convenience, and necessity.

Nominations for membership to the Committee should be submitted to the FCC no later than 11:59 PM EST, Wednesday, June 28, 2017.

Limited ethics waivers reflect new freedom for former lobbyists to join government

Federal agencies issued just a handful of waivers exempting political appointees from conflict of interest rules in the first three months of the administration, a reflection in part of how President Donald Trump has made it easier for lobbyists to work in agencies they once sought to influence. Documents released by the Office of Government Ethics on June 7 show that through April 30, just 10 Trump appointees who work outside the White House received exemptions from aspects of federal ethics rules.

Although dozens of lobbyists have joined the Trump administration, only one received an ethics waiver addressing his previous lobbying work: Lance Leggitt, the chief of staff for the Department of Health and Human Services. That’s because an executive order that Trump signed in January did away with a rule laid down by former president Barack Obama banning lobbyists from joining agencies they had lobbied in the previous two years. Instead, Trump’s order allows former lobbyists to enter the administration, but prohibits them for two years from working on a specific issue that they lobbied on during the previous two years.

Secretary of Commerce Announces Interim Leadership for US Patent and Trademark Office

US Secretary of Commerce Wilbur Ross has named US Patent and Trademark Office (USPTO) Associate Solicitor Joseph Matal to perform the functions and duties of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO. The position is effective June 7, 2017 and follows the resignation of Michelle K. Lee.

Matal will serve in this role during the nomination and confirmation process for a new director. As an Associate Solicitor in the USPTO’s Office of Solicitor, Matal has briefed and argued appeals of patent and trademark decisions before the US Court of Appeals for the Federal Circuit and the US District Court, and assisted in the development of legal positions taken by the US Solicitor General in patent and copyright cases before the US Supreme Court. Matal recently served as acting Chief of Staff for the agency, and has advised the director on legislative matters. Matal previously served as the General Counsel of the Judiciary Committee for former Sen Jeff Sessions (R-AL), and as a Judiciary Committee Counsel to former Sen Jon Kyl (R-AZ). In that role, he was the principal staff drafter and negotiator of legislation that became the Leahy-Smith America Invents Act, the first comprehensive patent law overhaul since 1952. Matal has a bachelor’s degree from Stanford University, and a law degree from the University of California at Berkeley.