June 29, 2017 (Brendan Carr for FCC)

COMMUNICATIONS AND DEMOCRACY

TRUMP VS THE MEDIA
[SOURCE: Politico, AUTHOR: Hadas Gold]
President Donald Trump and his allies believe he’s gained a tactical advantage in his war with the media. As he escalates his attacks on the “failing media,” President Trump and his allies are increasingly convinced that recent evidence, including the retracted CNN piece on an aspect of the Russia investigations, will prove to skeptical voters that the mainstream media has a vendetta against the administration. Many White House staffers were “elated,” a person with knowledge of their conversations said, when they learned that three journalists had resigned over a botched story that claimed newly appointed Export-Import Bank official Anthony Scaramucci was being investigated for his ties to a Russian investment fund.
benton.org/headlines/president-trump-seizes-advantage-war-media | Politico
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WHITE HOUSE CAMERA BAN
[SOURCE: The Wrap, AUTHOR: Susan Seager]
CNN host Don Lemon suggested that the White House press corps defy the White House camera ban, and turn on their cameras during the daily briefings. Reporters could certainly do that, but the White House would be within its rights to kick them out because reporters probably don’t have a First Amendment right to film or even attend the briefings, experts said. “Having a seat at a White House briefing is a privilege, not a right,” said Lucy Dalglish, dean of the University of Maryland journalism school. “The White House writes the rules,” Dalglish said. “If the networks turned on their cameras, my guess is that the entire network would be indefinitely expelled from the briefings. Credentials would be yanked.” At least reporters would not break any laws if they secretly taped. “I’m not sure any law would be broken if the the cameras were turned on surreptitiously,” Dalglish said. That’s because the District of Columbia is a “one party” jurisdiction that allows a person to record their conversations with another person, she said.
benton.org/headlines/what-happens-if-media-defies-white-house-camera-ban | Wrap, The
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TRUMP ATTACKS AMAZON, WAPO
[SOURCE: Vox, AUTHOR: Tony Romm]
President Donald Trump attacked Amazon June 28, claiming incorrectly that it owns The Washington Post in a scheme to dodge “internet taxes.” In fact, Amazon doesn’t own the newspaper. Amazon CEO Jeff Bezos bought it himself. And while there isn’t a federal “internet tax,” as President Trump contends, Amazon has worked out arrangements with states to collect sales taxes on consumers’ online purchases — all the while seeking a national solution that many Republicans long have opposed. President Trump, however, still took aim at Amazon in a tweet that sought to decry the Post’s political coverage as “fake news” — his latest in a series of attacks on both the tech company and the newspaper dating back to the 2016 presidential campaign. "The #AmazonWashingtonPost, sometimes referred to as the guardian of Amazon not paying internet taxes (which they should) is FAKE NEWS!" the President tweeted.
benton.org/headlines/president-trump-attacks-amazon-incorrectly-claiming-it-owns-washington-post-tax-purposes | Vox | The Hill
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REP PALLONE WANTS INVESTIGATION OF BOGUS NN COMMENTS
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
The Federal Communications Commission's network neutrality docket continues to draw a crowd of critics. The latest is House Commerce Committee Ranking Member Frank Pallone (D-NJ). Rep Pallone has called on the Department of Justice and the FBI to investigate whether any federal law has been broken in the filing of fake comments using stolen identities, as some have claimed. Rep Pallone said he was also worried that some "unknown parties" may be trying to influence federal policy. hat came in a letter to attorney general Jeff Sessions and acting FBI director Andrew McCabe. Rep Pallone wants them to investigate net neutrality activist group Fight for the Future's assertion that at least 14 people had told the FCC that their identities had been used to file comments without their permission, as well as that some 450,000 identical comments were submitted by an "unknown party" that may have been using info gained via data breaches. "Federal law prohibits knowingly making any materially false statement or representation in any matter within the jurisdiction of the executive, legislative, or judicial branch," Rep Pallone's office said.
benton.org/headlines/rep-pallone-wants-investigation-bogus-net-neutrality-comments | Broadcasting&Cable | read the letter | The Hill
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JOURNALISM

A TALE OF TWO NETWORKS
[SOURCE: ThinkProgress, AUTHOR: Laurel Raymond]
In recent months, both CNN and Fox have retracted stories on their websites regarding particularly high-profile topics on the left and right, respectively. Both sites issued similar excuses: A breakdown in normal editorial standards that led to something being published that shouldn’t have been. Yet in most other ways, the two cases are a study in opposites. CNN, on one hand, retracted its story within a day and issued an apology. The network immediately carried out an internal investigation. Three employees resigned. Those that remained were told that any future stories on the topic would need to be vetted by two top executives before publishing. Fox, on the other hand, took a week to retract the story, though it was debunked by other news outlets within hours. Little news of an investigation within the network emerged. No on-air apology was issued, despite a week of speculative coverage on the cable network. No employees resigned. And one of the network’s stars — Sean Hannity — continues to promote the conspiracy theory to this day.
benton.org/headlines/tale-two-networks-how-fox-news-and-cnn-handled-recent-retractions | ThinkProgress
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INTERNET/BROADBAND/TELECOM

WHY COMCAST AND VERIZON ARE CLAMORING TO BE REGULATED
[SOURCE: Washington Post, AUTHOR: Brian Fung]
Some of the nation's biggest Internet service providers are begging a court not to weaken the power of a major regulatory agency — the Federal Trade Commission — in a case that has implications for businesses and consumers nationwide and puts the companies at odds with another key industry player, AT&T. The request earlier this week by Charter, Comcast, Cox and Verizon seeks to shore up the FTC's ability to regulate Internet providers, in a case about whether the FTC can punish AT&T for allegedly misleading consumers with its marketing of "unlimited" data plans. But the case also has other implications. It could create an undesirable regulatory environment for the companies, they say. "At first glance, [our] position might seem surprising — four leading corporations are arguing in favor of restoring the FTC’s authority to regulate," the ISPs wrote. They added: "If the FTC is divested of jurisdiction," the companies wrote, "it is likely that a variety of federal, state, and local government agencies that lack the appropriate reach, perspective, and experience … will attempt to fill the perceived 'regulatory gaps,' thereby creating a patchwork of unreasonable, duplicative, and inconsistent rules."
benton.org/headlines/why-comcast-and-verizon-are-suddenly-clamoring-be-regulated | Washington Post
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WHEELER: NN FIGHT DESTINED FOR COURTROOM
[SOURCE: Consumerist, AUTHOR: Kate Cox]
Rep Don Beyer (D-VA) held a forum just outside of DC for his constituents to come learn and voice their concerns about the fate of network neutrality. Though Rep Beyer was the host, the real headliners of the event were former Federal Communications Commission Chairman Tom Wheeler and former FCC general counsel Jon Sallet, who both spoke at length to a packed house about how we got to where we are today, with the rules under fire, and what consumers can still do to try and make their voices heard. A couple key take-aways?
No Neutrality Without Title II: “What I hope you’ll think about is that that legal term is a smokescreen for not having to discuss” the bright-line net neutrality principles, privacy guidelines, and the FCC’s oversight authority, Wheler said. “Those who are trying to overturn the rules want to talk about them in these [legalistic] terms, instead of talking about the effect of Title II.” “We looked hard to see if there would be ways other than Title II to accomplish these goals,” Wheeler said. “They weren’t there.”
Why Commenting Is Important: Both Sallet and Wheeler admitted that the FCC’s mind is probably already made up, no matter what public comments come in to the proceeding now. But those comments become vital in the case of a lawsuit and “can shape what happens if it’s necessary to go to court one more time,” as Sallet put it. “We can all predict what can happen at the FCC, but I can tell you this,” Sallet said: “When I was general counsel, I didn’t think that what the FCC said was the last word. I knew there would be a day in court.”
benton.org/headlines/former-fcc-chair-tom-wheeler-net-neutrality-fight-destined-courtroom | Consumerist
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30 SMALL ISPS URGE PAI TO PRESERVE NN
[SOURCE: ars technica, AUTHOR: Jon Brodkin]
A group of small Internet service providers urged Federal Communications Commission Chairman Ajit Pai to preserve the FCC's network neutrality rules and the related classification of ISPs as common carriers. "We have encountered no new additional barriers to investment or deployment as a result of the 2015 decision to reclassify broadband as a telecommunications service and have long supported network neutrality as a core principle for the deployment of networks for the American public to access the Internet," the ISPs said in a letter to Pai that was organized by the Electronic Frontier Foundation (EFF). The current rules are necessary "to address the anticompetitive practices of the largest players in the market," but "the FCC’s current course threatens the viability of competitive entry and competitive viability," the companies wrote.
benton.org/headlines/30-small-isps-urge-ajit-pai-preserve-title-ii-and-net-neutrality-rules | Ars Technica | read the letter
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PAI RESPONSE ON AFFORDABLE BROADBAND IN HIGH-COST RURAL AREAS
[SOURCE: Federal Communications Commission, AUTHOR: ]
On June 16, 2017, Federal Communications Commission Chairman Ajit Pai responded to various members of Congress responding to questions surrounding affordable broadband in high-cost rural areas. Chairman Pai wrote, "Despite the Commission's efforts in the 2016 Rate-of-Return Reform Order, I still hear from small carriers that offering stand-alone broadband would put them underwater-that the rates they have to charge exceed the rates for bundled services because of the different regulatory treatment. To provide some relief, my colleagues in recent months have urged me to work through a punch list of lingering issues from the Order. I have accordingly directed staff to work through that list. In April, the Commission amended a rule that would have disallowed capital expenses to any project exceeding a Commission-set threshold by even a dollar; now providers can complete efficient projects so long as they are willing to absorb any costs above the threshold. That month staff also resolved concerns raised by rural carriers about the "parent-trap" rule. In May, I circulated an order to address problems with two calculations made in the Order-one involving a "surrogate method" to avoid duplicative cost-recovery and another involving charges imposed on stand-alone broadband lines. Also in May, I circulated an order to address certain duplicative reporting requirements imposed on rural providers. I look forward to continue working with my colleagues on these issues."
benton.org/headlines/chairman-pais-response-members-congress-regarding-affordable-broadband-high-cost-rural | Federal Communications Commission
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PAI RESPONSE: RE: LOCAL SERVICE RATE FLOOR
[SOURCE: Federal Communications Commission, AUTHOR: FCC Chairman Ajit Pai]
FCC Chairman Pai sent letters to Sens Richard Shelby (R-AL) and Luther Strange (R-AL) and Reps Robert Aderholt (R-AL) and Mo Brooks (R-AL) on June 20, 2017, in response to their letter about the local service rate floor. Pai said after several years of experience with the rate floor rule, it now appears to impose high costs on rural consumers without any corresponding federal benefit. He noted the Commission recently froze the rate floor at the current minimum rate of $18 per month and adopted an NPRM seeking comment on whether the rate floor has met its intended purposes, whether changes should be made to the current rate floor methodology, or whether it should be eliminated entirely.
benton.org/headlines/fcc-chairman-pai-responds-congress-local-service-rate-floor | Federal Communications Commission | Letter to Pai
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POLICYMAKERS

BRENDAN CARR
[SOURCE: Los Angeles Times, AUTHOR: Jim Puzzanghera]
President Donald Trump intends to nominate Brendan Carr, a former aide to Federal Communications Commission Chairman Ajit Pai, to fill the final open seat at the agency and provide a crucial vote to reverse tough net neutrality rules. Carr, currently the FCC’s general counsel, would fill a Republican slot on the commission and would be expected to support Pai’s push to roll back the regulations for online traffic. Carr’s intended nomination comes after President Trump nominated Jessica Rosenworcel, a former FCC commissioner, on June 14 to fill a Democratic seat. If the Senate confirms both nominees, as expected, the FCC would have its full complement of five commissioners and a 3-2 Republican majority. Chairman Pai praised Carr’s “distinguished record of public service” and said his expertise on wireless and public safety policy “will be a tremendous asset to the commission.” Before becoming general counsel in January, Carr spent three years as Pai’s legal advisor for wireless, public safety and international issues. Before joining the FCC, Carr worked as a telecommunications attorney at the Wiley Rein law firm, where his clients included AT&T, Verizon Communications and USTelecom. Because he worked on Pai’s staff, Carr would be expected to back the chairman.
benton.org/headlines/president-trump-plans-nominate-brendan-carr-fill-final-fcc-seat-and-provide-crucial-vote | Los Angeles Times | NPR | recode | FCC | TVNewsCheck
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PAI ANNOUNCES LEIGHTON AS OSP CHIEF
[SOURCE: Federal Communications Commission, AUTHOR: Press release]
Federal Communications Commission Chairman Ajit Pai announced that the agency has chosen Wayne Leighton as chief of the FCC’s Office of Strategic Planning and Policy Analysis, continuing the work he has been doing as acting chief. Prior to serving as acting chief, Leighton served as a senior economist in the Wireless Telecommunications Bureau and as wireless advisor to then-FCC Commissioner Deborah Taylor Tate. Prior to his FCC service, Leighton worked for an economic consulting firm, was senior economist with the U.S. Senate Committee on Banking, Housing, and Urban Affairs, and has been a professor of economics at Universidad Francisco Marroquín in Guatemala. He earned a doctorate in economics from George Mason University and undergraduate degrees in business and economics from Texas A&M University.
benton.org/headlines/chairman-pai-announces-wayne-leighton-chief-fcc-office-strategic-planning-and-policy | Federal Communications Commission | TVNewsCheck
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FCC CHAIRMAN PAI ANNOUNCES THE APPOINTMENT OF A NEW MEMBER OF THE BROADBAND DEPLOYMENT ADVISORY COMMITTEE
[SOURCE: Federal Communications Commission, AUTHOR: Public Notice]
Federal Communications Commission Chairman Ajit Pai appointed Andy Huckaba to serve on the Broadband Deployment Advisory Committee (BDAC). Huckaba will serve on the BDAC as a representative of the City of Lenexa, Kansas, where he is a member of the City Council. Huckaba also serves as Vice-Chair of the FCC’s Intergovernmental Advisory Committee.
benton.org/headlines/fcc-chairman-pai-announces-appointment-new-bdac-member | Federal Communications Commission
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PUBLIC INTEREST TECH TEAM AT NEW AMERICA
[SOURCE: New America, AUTHOR: Press release]
New America announces its first class of Public Interest Technology Fellows. Fellows will come to New America from across private and public-sector organizations, including Facebook, Google, and the United States Digital Service at the White House. Together, they will work to influence demand for technology expertise among public interest organizations by building concrete examples that show the transformative impact of bringing technologists onto their teams. The goal of the initiative is to build a long-term, robust infrastructure that allows advocates, service providers, and leaders to harness the power of technology in serving communities.
benton.org/headlines/public-interest-tech-team-new-america-welcomes-first-class-fellows | New America
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STORIES FROM ABROAD

CANADAS TOP COURT RULES GOOGLE MUST BLOCK SOME RESULTS WORLDWIDE
[SOURCE: Reuters, AUTHOR: Leah Schnurr]
Canadian courts can force internet search leader Google to remove results worldwide, the country's top court ruled June 28, drawing criticism from civil liberties groups arguing such a move sets a precedent for censorship on the internet. In its 7-2 decision, Canada's Supreme Court found that a court in the country can grant an injunction preventing conduct anywhere in the world when it is necessary to ensure the injunction's effectiveness. "The internet has no borders - its natural habitat is global," the Supreme Court wrote in its judgment. "The only way to ensure that the interlocutory injunction attained its objective was to have it apply where Google operates - globally."
benton.org/headlines/canadas-top-court-rules-google-must-block-some-results-worldwide | Reuters | The Verge | ars technica
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June 29, 2017 (Brendan Carr for FCC)