Monday, October 8, 2018
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The FCC is tasked with solving the digital divide and it's making things worse
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On Sept 30, 2018, Gov. Jerry Brown (D-CA) signed SB 822, California’s net neutrality law -- the strictest in the nation and widely seen as a challenge to the federal government. The Department of Justice quickly sued the state to block enactment of the rules. Two days later, lobbyists for broadband service providers filed their own suit. Everybody seems to be suing everybody in the latest chapter of the net neutrality saga. But, some clarity could come from it. And, ya know, Congress could act and settle the matter. The Washington Post editorial board said it best: “The fight over net neutrality today can be reduced to a single sentence: Everyone is suing everyone else. Congress should step in.”

In an era that’s buzzing with talk of autonomous vehicles and virtual wallets, mere access to broadband internet remains out of reach for many. And while Federal Communications Commission Chairman Ajit Pai frequently reminds the public that his top priority is closing the digital divide, his actions have made it harder, again and again, for Americans to get internet access. He has been leading the charge to gut Lifeline, the federal program that subsidizes phone and broadband connections for low-income people in the United States. He created a new agency committee that was tasked with advising the FCC how to effectively encourage broadband deployment. Pai said he was “excited that the [committee] will soon be getting to work on recommendations that will help break down barriers to broadband deployment.” Unfortunately, Chairman Pai stacked the committee with industry representatives and much of its work benefits the industry’s interest in turning a profit, as opposed to actually making broadband more accessible. The committee’s work would in fact make it nearly impossible for cities and towns to build their own internet networks, an increasingly popular option for communities that are being bypassed by private internet service providers. Instead of encouraging deployment, this committee has worked to limit local communities’ ability to solve the problems that the market (and FCC) won’t.
[Cat Blake is the policy and program manager at Next Century Cities, a coalition of 190 municipalities focused on fast, affordable, reliable broadband for all]

A Q&A with Jeremy Hegle, a senior community development adviser for the Federal Reserve Bank of Kansas City. The Federal Reserve Bank is trying convince businesses that the digital divide is their problem, too. He said:
if you think about how we deployed electricity 100 years ago, we recognized that it wasn't profitable for for-profit companies to run the lines out 20 miles to one farmer. So that's where you got the rural co-ops. And I do think that it's a sticking point right now in trying to figure out how we get our regulations to be in line with deploying broadband rurally and still supporting our for-profit concept with the internet service providers.

One of the most interesting aspects of the recently-completed Connect America Fund (CAF) II auction is the strong showing by smaller, non-traditional service providers. The second biggest winner, for example, was Wisper — a company little known outside southern Illinois and parts of neighboring states, where the company offers fixed wireless broadband, primarily in rural areas, including some areas the company has served for more than a decade. Wisper CEO Nathan Stooke spoke about the company’s $220 million award to help cover the cost of bringing broadband to additional rural areas near the company’s existing operations. The CAF II auction awarded funding to bring broadband to rural areas where the service is not available today, with funding going to the companies that offered to deploy service at the lowest level of support. When Wisper brings broadband to communities that previously lacked it, Stooke said, “you feel like the white knight riding in on your horse.”

Lampposts around downtown Los Angeles are being wired with fiber optic cable and shoebox-sized gadgets to beam the fifth and fastest generation of cellular data, known as 5G, into homes and mobile devices. This high-tech infrastructure build-out is the result of a deal between the city and Verizon — Los Angeles gave the wireless carrier a break on the fees for taking up space on streetlights in exchange for a package of amenities and services. Such arrangements are common nationwide, where local governments have long leveraged access to public property and rights of way as a bargaining chip to accomplish policy goals. But in Sept 2018, the Federal Communications Commission took the unusual step of nationalizing public infrastructure for 5G installation, throwing LA’s deal with Verizon and agreements between other cities and carriers into question in the process.

A new battle for cellular airwaves is under way as governments around the world start to auction off spectrum for mobile coverage that could power near-instant video downloads and help run factories, control gadgets and navigate driverless cars. Countries have long sold airwave rights for cellular service within their borders but places like Britain and Spain this year held their first major auctions for radio frequencies needed to make so-called 5G cellular networks, which could be much faster than today’s mobile networks, a reality. Italy made a splash with a blockbuster sale—spinning off $7.6 billion of frequencies to several big European carriers, including Telecom Italia SpA and Vodafone Group PLC. South Korean mobile operators snapped up $3.3 billion of spectrum there. The Federal Communications Commission plans to hold the first major US auction for 5G-friendly airwaves. The frequencies sold at these auctions are the ones that governments and carriers think will be crucial for a broad rollout of 5G, which promises to eventually replace today’s fastest 4G networks.

Cheaper rocket launches and better technology may make satellites a more viable option for delivering fast, affordable consumer broadband services around the world. A handful of companies from SpaceX to ViaSat are launching satellites that orbit closer to the earth, which is expected to reduce the lag time — or latency — because the signal will not have to travel as far. Lower-Earth constellations have the potential to compete more directly with cable or fiber networks on speed and price than the older satellite systems. But these companies will require a large number of subscribers — on the order of tens of millions — to recoup their costs.

Should American citizens get a new Bill of Rights for the internet? Given all the damage that giant tech companies have done of late, many Democrats think the answer is yes. House Minority Leader Nancy Pelosi (D-CA) even suggested that a new agency could be created to manage tech’s growing impact. “Something needs to be done,” she said to “protect the privacy of the American people” and “come up with overarching values” — a set of principles that everyone can agree on and adhere to. Call it a Bill of Rights for the internet. Rep Pelosi charged Rep Ro Khanna — the Democratic representative whose California district is home to Apple, Intel and Yahoo — with the creation of that list. After consulting with think tanks like the Center for Democracy and Technology and big Silicon Valley companies like Apple, Google and Facebook, as well as some of tech’s biggest brains, like Nicole Wong and Tim Berners-Lee, he came up with a list of 10 principles that cover topics such as privacy, net neutrality and discrimination. It’s certainly well past time to see something from the politicians whose job it is to protect the rest of us.

California's new consumer privacy act should be the baseline for any federal law, and that the rights of California consumers are not only protected but expanded to other consumers in our country and around the globe. The California Consumer Privacy Act is an initiative to give Californians the fundamental rights to:
- Know all data a business collects on you, and say no to its sale.
- Be informed what categories of data will be collected about you prior to its collection.
- Delete data you’ve given to a business.
- Have the right to opt-out of the sale of your information to third parties
- Mandate an opt-in before the sale of information of children under age 16.
- Know where and why your information was acquired, and where it’s being shared.
- Sue companies that don’t take reasonable steps to protect your information.
[Alastair Mactaggart was the chief proponent and author of the California Consumer Privacy Act]

Public health officials say that using text messages, social media platforms, and other digital tools can be key in both tracking the health care behavior of people and disseminating lifesaving information during emergency situations. During public health emergencies — such as the current Ebola outbreak in the Democratic Republic of the Congo — it's difficult for public health officials to monitor people's health care behavior. Digital polls and social media monitoring can complement physical tracking in a way that could save time, money and offer more safety to health care workers, according to New York University's Rumi Chunara.

Without nationwide 5G, the Internet of Things won’t come close to reaching its full potential. The biggest challenge to the advancement of IoT is cybersecurity. If we want to realize the innovation and growth promised by IoT, we must ensure that Americans can trust the devices that they’re using. The National Telecommunications and Information Administration is working across the federal government, with stakeholders here and around the world, to promote smart IoT policies that incorporate security and protect American consumers.
In May, we submitted a report to the President that included five top-line goals and more than two dozen action items. Since then, we have been working to turn that report into an actionable roadmap which will help us to track our progress and prioritizes these actions – some of which have already begun. Of course, security is only part of the equation as we move toward a more connected world. The Department of Commerce, at the direction of the White House, recently asked the public for ideas on how to adapt privacy to today’s data-driven world. Our hope for this process is a result that will provide legal clarity, flexibility to innovate, and high levels of consumer protection.

Brett M. Kavanaugh has won Senate confirmation to become an associate justice of the Supreme Court and will take his seat on Tuesday, October 9. Although Judge Kavanaugh has discussed his dissent on network neutrality, the Supreme Court's agenda for the coming term now has very few cases dealing with technology, telecommunications or media. Several cases scheduled to come before the Court may produce decisions that affect these sectors though -- especially the regulatory aspects. Kavanaugh's background has spurred speculation on how he will vote, but at this point there is no way to know how the court will rule on these cases.

What could Judge Brett Kavanaugh's addition to the Supreme Court mean for the tech sector?
After the Electronic Privacy Information Center unearthed through a Freedom of Information Act request that Kavanaugh exchanged hundreds of emails about “surveillance” and the “Patriot Act” during his White House tenure, Democratic lawmakers sounded off about the yet-to-be-released records. “This is yet another area where Brett Kavanaugh’s record is being concealed from the American people," said Sen. Ron Wyden (D-OR). And Sen. Patrick Leahy (D-VT), who questioned Judge Kavanaugh on the matter during his confirmation hearings, added, "The fact that he appears to have had so many conversations about a topic that he denied having involvement with, under oath, raises even more questions." EPIC President Marc Rotenberg said the disclosure signaled that the judge “played a key role in several controversial programs,” and thus any votes should be halted.
Benton (www.benton.org) provides the only free, reliable, and non-partisan daily digest that curates and distributes news related to universal broadband, while connecting communications, democracy, and public interest issues. Posted Monday through Friday, this service provides updates on important industry developments, policy issues, and other related news events. While the summaries are factually accurate, their sometimes informal tone may not always represent the tone of the original articles. Headlines are compiled by Kevin Taglang (headlines AT benton DOT org) and Robbie McBeath (rmcbeath AT benton DOT org) — we welcome your comments.
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