Daily Digest 11/6/2019 (FCC Officially Approves T-Mobile/Sprint)

Benton Institute for Broadband & Society
Table of Contents

Ownership

FCC Officially Approves T-Mobile/Sprint Transaction with Conditions  |  Read below  |  Press Release  |  Federal Communications Commission
FCC Commissioner Rosenworcel Dissenting Statement on T-Mobile/Sprint Merger  |  Read below  |  FCC Commissioner Jessica Rosenworcel  |  Press Release  |  Federal Communications Commission
Gigi Sohn Statement on Release of FCC Order Approving T-Mobile-Sprint Merger  |  Gigi Sohn
Reactions to FCC Approval of T-Mobile/Sprint Merger  |  Broadcasting&Cable
Antitrust 101: Why everyone is probing Amazon, Apple, Facebook, and Google  |  Ars Technica

Telecommunications & Wireless

Under President Trump, Millions of Poor Lose Access to Cell Phones  |  Read below  |  Jared Bennett, Ashley Wong  |  Center for Public Integrity, The
AT&T to Pay $60 Million to Resolve FTC Allegations It Misled Consumers with ‘Unlimited Data’ Promises  |  Read below  |  Lesley Fair  |  Press Release  |  Federal Trade Commission
AT&T Pushes Variation on Private C-Band Auction Theme  |  Broadcasting&Cable
New Street Research: Altice's 19K Long Island Small Cells Aren't Boosting Sprint's Network  |  Multichannel News

Broadband

Waterloo, Iowa, Contemplates Its Broadband Choices  |  Read below  |  Government Technology
Karl Bode: ISPs Cut Back 2020 Investment Despite Tax Breaks, Death Of Net Neutrality  |  TechDirt

Security

Chairman Pai Speech at Council on Foreign Relations  |  Read below  |  FCC Chairman Ajit Pai  |  Speech  |  Federal Communications Commission
FCC Wants to Know if Huawei Gear Is Near US Military Bases  |  Bloomberg
Apple, Tik Tok Decline Invitations to Sen Hawley Tough-Talk Tech Hearing  |  Broadcasting&Cable
Apple, TikTok draw congressional rebuke for sitting out of hearing on China  |  Washington Post
Inside TikTok: A culture clash where US views about censorship often were overridden by the Chinese bosses  |  Washington Post

Government & Communications/Civic Engagement

What happened in the comments section of the FCC’s net neutrality hearing?  |  Read below  |  Andrew Marino  |  Vox
Freedom on the Net 2019: The Crisis of Social Media  |  Read below  |  Adrian Shahbaz, Allie Funk  |  Freedom House
Editorial: The Internet is tilting toward tyranny  |  Washington Post

Platforms

Knight Foundation Invests $3.5 Million in Research to Inform the National Debate on Internet Governance and Policy  |  Read below  |  Press Release  |  Knight Foundation
The Senate’s secret algorithms bill doesn’t actually fight secret algorithms  |  Vox
Social Media Sites Under Pressure To Prep For Census Trolls And Interference  |  National Public Radio

Privacy

Reps Eshoo, Lofgren Introduce the Online Privacy Act, Would Establish Digital Privacy Agency  |  Read below  |  Rep Anna Eshoo (D-CA)  |  Press Release  |  US House of Representatives
Facebook reveals new privacy mishap involving apps for groups  |  Washington Post
Fitbit users fear privacy invasion after $2.1 billion Google acquisition  |  Guardian, The
Sen Cornyn's RESPONSE Act would require schools to monitor social media  |  Government Technology
FTC Commissioners Slaughter, Wilson discuss the future of the FTC’s role in privacy  |  Brookings Institution

Emergency Communications

CenturyLink & West Safety Communications Agree to Pay $575,000 for Multi-State 911 Outage in Aug 2018  |  Read below  |  Press Release  |  Federal Communications Commission

Advertising

Analysis: Mark Zuckerberg just dined with civil rights leaders hoping to change his mind on political ads  |  Washington Post
Disclosures 101: New FTC resources for social media influencers  |  Federal Trade Commission

Television

Leichtman Research Group: Pay TV Now Infiltrates Only 75% of Households, Down From 84% Five Years Ago  |  Multichannel News

Content

Adobe, NYT, Twitter Team To Authenticate Digital Content 'Attribution'  |  MediaPost

Company News

After Deadspin Chaos, an Executive Exits  |  New York Times

FCC Meeting

FCC Nov 2019 Meeting Changed From Tues Nov 19 to Fri Nov 22  |  Federal Communications Commission
Today's Top Stories

FCC Officially Approves T-Mobile/Sprint Transaction with Conditions

Press Release  |  Federal Communications Commission

The Federal Communications Commission issued a Memorandum Opinion and Order, Declaratory Ruling, and Order of Proposed Modification approving—with conditions—the transfer of control applications filed by T-Mobile and Sprint. The FCC found that the transaction will help close the digital divide and advance US leadership in 5G, the next generation of wireless connectivity. Specifically, T-Mobile and Sprint have committed within three years to deploy 5G service to cover 97% of the American people, and within six years to reach 99% of all Americans. This commitment includes deploying 5G service to cover 85% of rural Americans within three years and 90% of rural Americans within six years. The parties also pledged that within six years, 90% of Americans would have access to mobile service with speeds of at least 100 Mbps and 99% of Americans would have access to speeds of at least 50 Mbps. This includes two-thirds of rural Americans having access to mobile service with speeds of at least 100 Mbps, and 90% of rural Americans having access to speeds of at least 50 Mbps. 

FCC Commissioner Rosenworcel Dissenting Statement on T-Mobile/Sprint Merger

FCC Commissioner Jessica Rosenworcel  |  Press Release  |  Federal Communications Commission

The T-Mobile-Sprint merger will end a golden age in wireless that helped bring to market lower prices and more innovative services. It will mean an end to the competitive rivalry that reduced prices by 28% during the last decade. Similarly, the pressure to support unlimited data plans and free international roaming will fade. Offers to pay early termination fees to help families switch to plans that fit their lives will fall by the wayside. And the network improvements that will bring us the next generation of wireless service, known as 5G, will proceed more slowly and yield fewer jobs without the fuel of competitive pressure. In short, our existing wireless market will devolve into a cozy oligopoly dominated by just three carriers.

Under President Trump, Millions of Poor Lose Access to Cell Phones

Jared Bennett, Ashley Wong  |  Center for Public Integrity, The

The Federal Communications Commission began subsidizing home phone lines in 1985 to provide “the opportunities and security that phone service brings” to people who cannot afford it, according to the FCC’s website. The Lifeline program started including cellphone plans in 2005. Currently, subscribers receive $9.25 per month to put toward a discounted cellphone plan designed by provider companies. For some, that means a cap of 250 voice minutes and 2 GB of mobile data. Lifeline enrollment peaked at 17.6 million subscribers in 2012 when the program had a budget of $2.1 billion, nearly twice its present size. Over the past two years, the FCC has been introducing a computer system that, by automatically confirming eligibility for Lifeline subscribers and taking the review process out of the hands of providers, was supposed to further prevent fraud. A year after the 2018 rollout, however, the screening system isn’t working as planned. The computer system, called the National Eligibility Verifier, lacks access to key federal and state databases needed to check eligibility. Enrollment is down in several states where the verifier is fully launched. In MS and WY, for example, it has dropped by more than one third since the rollout began. In an emailed statement, FCC spokesman Mark Wigfield said the steep drop in subscribers shows the crackdown is working. “Given the high rate of improper payments in the Lifeline program,” Wigfield wrote, “it makes sense that subscribership in the program is decreasing as more anti-fraud efforts take effect.” But Lifeline supporters say the Trump FCC’s subscriber purge is less about rooting out malfeasance than about ending the program.

Another series of reforms is slated for Dec that providers and advocates say would make it nearly impossible for many cellphone companies to stay in the program. The companies say the changes — increasing the amount of mobile data that must be offered and phasing out support for cellphone call minutes — will make it too costly for providers with the subsidy of less than $10 a month. “In my mind, it’s very clear that what they are trying to do is kill the program,” said Crystal Rhoades, a Democratic member of the Nebraska Public Service Commission. “This is a deliberate and disgusting assault on people who live in poverty.” Consumer advocates see the changes in Lifeline as part of a broader campaign to cut back on resources for poor people. The Trump administration has already targeted other federal assistance programs such as Medicaid and food stamps for budget cuts and reforms that would limit access. “We’ve unfortunately seen the Trump FCC engage in very unhelpful and unconstructive rhetoric and behavior that has really destabilized the program,” said Cheryl Leanza, a policy advisor for the United Church of Christ’s Media Justice Ministry, which works to make media and technology more accessible. Enrollment nationwide has dropped by 2.3 million people — about 21 percent — since 2017.

AT&T to Pay $60 Million to Resolve FTC Allegations It Misled Consumers with ‘Unlimited Data’ Promises

Lesley Fair  |  Press Release  |  Federal Trade Commission

AT&T Mobility, LLC, will pay $60 million to settle litigation with the Federal Trade Commission over allegations that the wireless provider misled millions of its smartphone customers by charging them for “unlimited” data plans while reducing their data speeds. In a complaint filed in 2014, the FTC alleged that AT&T failed to adequately disclose to its unlimited data plan customers that, if they reach a certain amount of data use in a given billing cycle, AT&T would reduce—or “throttle”—their data speeds to the point that many common mobile phone applications, such as web browsing and video streaming, became difficult or nearly impossible to use. “AT&T promised unlimited data—without qualification—and failed to deliver on that promise,” said Andrew Smith, Director of the FTC’s Bureau of Consumer Protection. “While it seems obvious, it bears repeating that Internet providers must tell people about any restrictions on the speed or amount of data promised.” The FTC alleged that, despite AT&T’s unequivocal promises of unlimited data, it began throttling data speeds in 2011 for its unlimited data plan customers after they used as little as 2 gigabytes of data in a billing period. AT&T’s alleged practices affected more than 3.5 million customers as of Oct 2014, according to the FTC complaint. After AT&T challenged whether the FTC had jurisdiction to bring the case, the Ninth Circuit U.S. Court of Appeals in 2018 ruled that the FTC did have jurisdiction and authority to challenge the company’s marketing of mobile data services, allowing the Commission’s case to proceed.

Waterloo, Iowa, Contemplates Its Broadband Choices

Recently, the Waterloo (IA) City Council voted unanimously to use $84,500 in general obligation bond money for a broadband feasibility study conducted by Magellan Advisors. The study’s goal is to help Waterloo determine the practicality of a city-owned broadband system versus other options, such as a service based on a public-private partnership model. As this and other arguments over how best to make broadband available in Waterloo continues, there may be lessons emerging from the situation for connectivity efforts in communities nationwide.

Chairman Pai Speech at Council on Foreign Relations

FCC Chairman Ajit Pai  |  Speech  |  Federal Communications Commission

It’s fair to say that a Council on Foreign Relations appearance by the Chairman of the Federal Communications Commission is out of the ordinary. But these are extraordinary times. For all the opportunities that 5G will unlock, it will also create new challenges. Chief among these is the main subject of my remarks: network security.

So what can we do to secure our networks? First, we need to make sure that the equipment going into 5G networks is from trusted vendors— that the companies entering this space won’t risk our national security, threaten our economic security, or undermine our values. But we’re also working to secure existing networks. At our Nov public meeting, the FCC will also vote on launching a process to remove and replace such equipment from Universal Service Fund-funded communications networks. My plan calls first for an assessment to find out exactly how much equipment from Huawei and another Chinese company, ZTE, is in these networks, followed by financial assistance to help these carriers make the transition to more trusted vendors. We’ll seek public input on how big this “rip and replace” program needs to be and how best to finance it. Our goal is to close security gaps in a fiscally responsible way. The third thing we need to continue to do is to engage with our international partners. The fourth and final thing is the need to leverage our nation’s leadership in software to mitigate security risks. If we can virtualize functions of the radio access network, we can not only reduce the cost of deploying 5G networks but reduce reliance on foreign equipment manufacturers. 

What happened in the comments section of the FCC’s net neutrality hearing?

Andrew Marino  |  Vox

A Q&A with BuzzFeed data editor Jeremy Singer-Vine, who published a story recently regarding the fake comments on the Federal Communications Commission's online net neutrality debate. 

Interviewer Nilay Patel: "What got me was [FCC Chairman Ajit] Pai said over and over again, 'It is not the quantity of comments that we get; it’s the quality of them,' which, to me, felt like telecom companies like Verizon have lawyers who are writing these comments. Those are higher-quality."

Singer-Vine: "Pai’s comments and the general framing of quality over quantity is interesting because that is sort of the rule of law, that federal agencies are supposed to accept all the comments they can on any new, proposed rule....But political operators know that even if the public version of how these things work is quality over quantity, people are paying attention to the quantity. So there are political consultancies that have cropped up over the years that help organizations, regardless of political persuasion, but help people amass comments for public comment periods."

Patel: "So the FCC doesn’t have to make sure that these are real people at all?"

Singer-Vine: "No, and in fact, when people have gone to the FCC, people who say they’ve been impersonated, the FCC not only says 'It wasn’t our obligation to prevent that, but we’re not going to take it down.' Their policy is, 'This is part of the permanent public record. If you disagree with something that’s been submitted in your name, you’re welcome to submit a follow-up comment that corrects the record or what have you.' But the FCC not only does not verify, but it does not try to verify. There’s no step in the process that would flag, for example, a large submission that seemed to impersonate a lot of people. There’s nothing in their process that would detect that."

Freedom on the Net 2019: The Crisis of Social Media

Adrian Shahbaz, Allie Funk  |  Freedom House

Global internet freedom declined for the ninth consecutive year in 2019. More than 70 analysts contributed to 2019’s edition, using a 21-question research methodology that addresses internet access, freedom of expression, and privacy issues. Political leaders employed individuals to surreptitiously shape online opinions in 38 of the 65 countries covered in this report—a new high. 

Internet freedom declined in the US. While the online environment remains vibrant, diverse, and free from state censorship, this report’s coverage period saw the third straight year of decline. Law enforcement and immigration agencies expanded their surveillance of the public, eschewing oversight, transparency, and accountability mechanisms that might restrain their actions. Officials increasingly monitored social media platforms and conducted warrantless searches of travelers’ electronic devices to glean information about constitutionally protected activities such as peaceful protests and critical reporting. Disinformation was again prevalent around major political events like the Nov 2018 midterm elections and congressional confirmation hearings for Supreme Court nominee Brett Kavanaugh. Both domestic and foreign actors manipulated content for political purposes, undermining the democratic process and stoking divisions in American society. In a positive development for privacy rights, the Supreme Court ruled that warrants are required for law enforcement agencies to access subscriber-location records from third parties.

Knight Foundation Invests $3.5 Million in Research to Inform the National Debate on Internet Governance and Policy

Press Release  |  Knight Foundation

The John S. and James L. Knight Foundation has announced more than $3.5 million in funding to support new, independent research into issues at the forefront of national tech policy debates. Twenty-two universities, think tanks and advocacy organizations will study diverse, timely topics including content moderation by social media companies, antitrust enforcement in big tech and the pervasive problem of disinformation online. The research, intended for near-term application, will help meet the urgent needs of federal lawmakers and other decision-makers as they shape the future of the internet, as the impact of technology on our society and democracy becomes ever more significant. The institutions receiving new Knight support were selected through an open funding opportunity to expand fundamental research on the norms, rights and responsibilities that govern digital services, in particular, social media. The funding opportunity is ongoing.

Reps Eshoo, Lofgren Introduce the Online Privacy Act, Would Establish Digital Privacy Agency

Rep Anna Eshoo (D-CA)  |  Press Release  |  US House of Representatives

Reps Anna Eshoo (D-CA) and Zoe Lofgren (D-CA) introduced the Online Privacy Act of 2019 (HR 4978). The legislation protects individuals, encourages innovation, and restores trust in technology companies by:

  • Creating User Rights – The bill grants every American the right to access, correct, or delete their data. It also creates new rights, like the right to impermanence, which lets users decide how long companies can keep their data.
  • Placing Clear Obligations on Companies – The bill minimizes the amount of data companies collect, process, disclose, and maintain, and bars companies from using data in discriminatory ways. Additionally, companies must receive consent from users in plain, simple language.
  • Establishing a Digital Privacy Agency (DPA) – The bill establishes an independent agency led by a Director that’s appointed by the President and confirmed by the Senate for a five-year term. The DPA will enforce privacy protections and investigate abuses.
  • Strengthening Enforcement – The bill empowers state attorneys general to enforce violations of the bill and allows individuals to appoint nonprofits to represent them in private class action lawsuits.

CenturyLink & West Safety Communications Agree to Pay $575,000 for Multi-State 911 Outage in Aug 2018

Press Release  |  Federal Communications Commission

The Federal Communications Commission announced settlements with CenturyLink and West Safety Communications to conclude investigations into violations of FCC rules in connection with a multi-state 911 outage that took place on Aug 1, 2018. CenturyLink and West Safety Communications have agreed to pay $400,000 and $175,000, respectively, and committed to implement a compliance plan to help ensure the integrity and reliability of the nation’s 911network. On Aug 1, 2018, a West Safety Services technician mistakenly made a configuration change to the West Safety Service 911 routing network, resulting in the failure of CenturyLink and West Safety Communications to route 911 calls to dozens of 911 call centers in multiple states. The 911 outage lasted 65 minutes and led to many 911 calls failing to reach emergency operators. For instance, in Minnesota alone, CenturyLink failed to deliver 693 emergency calls to approximately 70 public safety call centers.

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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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