September 2017

Senators Want Public Comment on Network-Neutrality Complaints

A group of Democratic senators has joined in a call for the Federal Communications Commission to allow for public "review and comment" on tens of thousands of network-neutrality complaints provided through a Freedom of Information Act request in May, saying the FCC has not provided sufficient opportunity to vet them.

They said the documents were only produced a few days before the August Open Internet Order proceeding deadline and were only posted to the FCC website recently. “Although the Commission has undertaken an historic proceeding to undo the Open Internet Order, the FCC has failed to provide stakeholders with an opportunity to comment on the tens of thousands of filed complaints that directly shed light on proposed changes to existing net neutrality protections,” they wrote in a letter to FCC Chairman Ajit Pai. “The public deserves an opportunity to review and analyze evidence that has a direct impact on the proceeding.” The senators want Chairman Pai to tell them what efforts the FCC has taken to analyze the complaints, responses from ISPs and other documents, how it will incorporate them into the record and when, whether the FCC will issue a public notice and comment cycle on them.

Signing on to the letter were Senators Ed Markey (D-MA), Charles Schumer (D-NY), Ron Wyden (D-OR), Al Franken (D-MN), Richard Blumenthal (D-CT), Elizabeth Warren (D-MA), Chris Van Hollen (D-MD), Brian Schatz (D-Hawaii) and Kamala Harris (D-CA).

FCC Chairman Ajit Pai’s plan to lower broadband standards is “crazy,” says Commissioner Rosenworcel

Federal Communications Commission Chairman Ajit Pai’s proposal that could lower the country's broadband standard is "crazy" and does nothing to solve the United States' broadband accessibility problems, said FCC Commissioner Jessica Rosenworcel.

The FCC is "proposing to lower US broadband standard from 25 to 10Mbps," Commissioner Rosenworcel tweeted. "This is crazy. Lowering standards doesn't solve our broadband problems." Commissioner Rosenworcel didn't make an official statement when the Notice of Inquiry was released because she wasn't on the commission at that time; she was sworn in for a new term just days later. She previously served on the FCC before a temporary departure caused by political haggling in the Senate. In her first term on the FCC, Commissioner Rosenworcel argued that the FCC should set its broadband standard much higher. "I think our new threshold should be 100Mbps—and gigabit speed should be in our sights," Commissioner Rosenworcel said upon the release of 2016’s broadband analysis. "I believe anything short of goals like this shortchanges our children, our future, and our digital economy." Commissioner Mignon Clyburn objected to parts of the Notice of Inquiry when it was released, saying that the home broadband speed standard should be raised and that mobile should not be considered a substitute for home Internet. The FCC will vote on a final determination of whether broadband deployment is happening quickly enough sometime after the reply comment period ends. Whatever the FCC decides, it may be a party-line vote of 3-2, with the Republican majority winning out.

Internet Society: Internet Rulemaking is Going to Get More Complicated

In a new report from the Internet Society, a think tank founded by Vint Cerf, authors recommend governments take a “multistakeholder” approach—inviting members of the public and representatives from various industries—to create “consensus policy” surrounding the internet. They could determine what should be censored, how encryption affects national security, and whether citizens maintain their personal freedoms online. That approach is distinct from the “multilateral” approach in which several governments work together, excluding representatives from civil society. “Measures that may be intended to secure cyberspace will increasingly undermine personal rights and freedoms,” the report predicted. “If current trends are any indication, more and more governments will restrict and control Internet use and access through censorship, network shutdowns and other means.”

Broadband Provider Groups Seek CAF II Auction Changes

Organizations representing broadband providers have asked the Federal Communications Commission to modify its proposal for the Connect America Fund (CAF II) Auction. The CAF II auction will award funding rejected by price cap carriers in parts of 20 states. The auction is designed to award funding to the provider that offers to deploy service at the lowest level of support. In comments filed with the FCC, one broadband provider organization expressed concern that the proposed auction design could prevent the full amount of available funding from being awarded, while another argued against package bidding. At least two comment filings argued that measures aimed at preventing collusion were too harsh and could deter small broadband providers from participating.