Daily Digest 1/9/2018 (30)

Benton Foundation

Net Neutrality

Restoration of net neutrality rules hits key milestone in Senate

Democratic Sens who are trying to force a vote on reinstating network neutrality rules have hit a key milestone. A Congressional Review Act (CRA) resolution that would reverse the Federal Communications Commission's net neutrality repeal needed 30 co-sponsors in order to get a Senate vote. Sen Claire McCaskill (D-MO) announced that she has signed on to be the 30th co-sponsor. Sen Ed Markey (D-MA) announced the CRA resolution shortly after the FCC's repeal vote in Dec. All 30 supporters are members of the Democratic caucus. "[W]e now have the 30 votes we need to force a vote on my CRA to reverse the repeal of #NetNeutrality," Sen Markey wrote. Sen Markey's bill likely won't restore the net neutrality rules in the end, even if it passes in the Senate. Forcing a vote will be more difficult in the House, where Republicans hold a larger majority. Even if the bill passes both the Senate and House, President Donald Trump is likely to issue a veto in order to let the FCC's net neutrality repeal go forward. Still, Sen Markey's resolution could pass in the Senate if all Democrats and two Republicans vote in favor of it. A vote would keep net neutrality in the spotlight as Democratic lawmakers prepare to make the repeal a campaign issue in the November 2018 elections.

Where The Rubber Meets The Road

This is the year, friends.  The year when the battle for an Open Internet pits the three self-proclaimed wise men of the Federal Communications Commission against an overwhelming majority of the American people.  Every index I have seen—be it popular poll, volume of pleas to Congress, or expressions of anger toward the FCC—makes it crystal clear that we the people want an open internet and an end to ever-increasing monopoly control of our telecom and media markets.  Most Americans would agree with the great Justice Louis Brandeis: “We may have democracy, or we may have wealth concentrated in the hands of a few, but we can’t have both.”  Nowhere is this so true as in the communications infrastructure upon which our civic dialogue depends. When government itself aids and abets this corporate grab for power, fueled by the outrageous money and the Washington influence of the companies themselves, it is time to call a halt. That’s what 2018 must be all about. [Michael Copps served as a commissioner on the Federal Communications Commission from May 2001 to December 2011 and was the FCC's Acting Chairman from January to June 2009. In 2012, former Commissioner Copps joined Common Cause to lead its Media and Democracy Reform Initiative.]

Net Neutrality Loss Could Rekindle ISP Alternatives for Internet Access

More Broadband/Internet

Presidential Executive Order on Streamlining and Expediting Requests to Locate Broadband Facilities in Rural America

It shall therefore be the policy of the executive branch to use all viable tools to accelerate the deployment and adoption of affordable, reliable, modern high-speed broadband connectivity in rural America, including rural homes, farms, small businesses, manufacturing and production sites, tribal communities, transportation systems, and healthcare and education facilities. To implement this policy and enable sustainable rural broadband infrastructure projects, executive departments and agencies (agencies) should seek to reduce barriers to capital investment, remove obstacles to broadband services, and more efficiently employ Government resources. Among other actions, the executive branch will continue its implementation of section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 (Public Law 112-96)(“section 6409”), which requires, among other things, that the General Services Administration (GSA) develop a common form and master contract for wireless facility sitings on buildings and other property owned by the Federal Government.  These documents enable the Federal Government to process wireless facility siting requests more efficiently and will also provide additional predictability regarding the availability of locations for asset installation to installers of wireless broadband facilities. [more at the link below]

Trump's Broadband Assist

The Trump administration is eyeing multiple “work streams” to help speed along broadband deployment, the National Economic Council’s Grace Koh told reporters: easing the permitting process on federal lands; letting towers built on federal lands also include infrastructure from telecom companies; and using dark fiber agencies have deployed to help rural providers through interconnection agreements. “We'll also look at funding sources,” Koh added, noting the existence of “funding sources for both broadband deployment and adoption scattered across the federal government” and a plan to look at “how we can coordinate those funding sources and bring them together in order to get the maximum effect for the subsidy.” But senior administration officials weren’t prepared, when asked later in the call, to say the degree to which the Trump White House aspires to close the digital divide or provide a dollar estimate for what the administration may be interested in spending. Keep an eye out later today for the administration’s release of recommendations from the Rural Prosperity Task Force, counting Cabinet members and Federal Communications Commission Chairman Ajit Pai among its members.

President Trump Plants Seeds Of Rural Revival With Broadband

Remarks Of Jay Schwarz, Wireline Advisor To Chairman Pai, 2018 Ceo Close-Up Conference Of The National Rural Electric Cooperative Association

Today I want to discuss Federal Communications Commission Chairman Pai’s belief that we are on the cusp of a new era of partnership between the FCC and rural electric cooperatives. Specifically: our hope that electric coops will become a bigger part of closing the digital divide and delivering online opportunity to rural Americans who have been bypassed by the broadband revolution. And how the FCC can work with you all to bring about this change. The main opportunity I wanted to highlight today is the Commission’s upcoming Connect America Fund Phase II auction (CAF 2). Our Connect America Fund auction will use competitive bidding to efficiently allocate up to $2 billion over the next ten years to support deployment of networks providing both voice and broadband service, thereby expanding broadband availability to many more unserved Americans. I’m excited to let you know that today, Chairman Pai shared with his colleagues proposed bidding rules and procedures for this CAF 2 auction. He also has proposed an order resolving all remaining petitions for reconsideration regarding CAF 2 that will clear the way for the auction. At our next meeting on January 30, the FCC is expected to vote on these proposals—the last significant step before we can begin the application process and get this auction underway. So get ready: We are planning on beginning the CAF 2 auction this July.

What If, As Rumored, the FCC Broadband Speed Definition is Lowered?

The Federal Communications Commission could vote as soon as Feb or earlier to reduce the speed required for an internet connection to be considered broadband for purposes of the FCC’s annual broadband progress report. If the FCC opts to change the definition of broadband in response to the Notice of Inquiry, it’s important to note that the changes should only impact the annual progress report and not the CAF program. The FCC now requires carriers receiving Connect America Fund (CAF) support to deploy broadband at 25/3 Mbps speeds in some areas and has established a CAF mobility fund that will help fund mobile broadband deployments in some areas that also receive support for fixed broadband.  The CAF program also supports 10/1 Mbps in other areas. Regardless of what the FCC does about the annual broadband report, none of that should not change. It’s also worth noting that at the time the FCC increased the broadband speed definition for the annual progress report, then-chairman Tom Wheeler pointed to statements made by one major carrier on the carrier’s own website urging customers to purchase broadband service in the range of 25 Mbps or higher if they have three devices or more that are simultaneously connected to broadband. The number of consumers connecting multiple devices to their broadband connections undoubtedly has increased since 2015.

Privacy/Security

House Intelligence Committee’s Section 702 Bill: Surveillance Expansion and No Meaningful Reform

On Jan 11, the House of Representatives will likely vote on a stand-alone measure to reauthorize and expand Section 702 of the Foreign Intelligence Surveillance Act, which is set to expire on January 19, 2018. The bill to be voted on is a modified version of the FISA Amendments Reauthorization Act of 2017 (H.R. 4478; now S. 139), which was reported out of the House Intelligence Committee on a party line vote, with at least four members voting “no” because of privacy concerns. The Open Technology Institute and a coalition of dozens of leading privacy groups strongly oppose the bill. The modifications to this bill reflected in the draft posted to the House Rules website are wholly insufficient to address the many concerns it raises. Although its proponents seek to sell the bill as a reform measure, it contains no meaningful reforms to Section 702, and in several respects, it expands surveillance authorities and codifies the worst intelligence community practices rather than reforming them. As a result, this bill is worse than a clean reauthorization with a sunset. 

Ownership

How to Fix Facebook—Before It Fixes Us

[Commentary] Platforms help people self-segregate into like-minded filter bubbles, reducing the risk of exposure to challenging ideas. It took Brexit for me to begin to see the danger of this dynamic...I realized that the problems I had been seeing couldn’t be solved simply by, say, Facebook hiring staff to monitor the content on the site. The problems were inherent in the attention-based, algorithm-driven business model. And what I suspected was Russia’s meddling in 2016 was only a prelude to what we’d see in 2018 and beyond. The level of political discourse, already in the gutter, was going to get even worse. Our final hypothesis was that 2016 was just the beginning. Without immediate and aggressive action from Washington, bad actors of all kinds would be able to use Facebook and other platforms to manipulate the American electorate in future elections. But we’ve seen where self-regulation leads, and it isn’t pretty. Unfortunately, there is no regulatory silver bullet. The scope of the problem requires a multi-pronged approach. [Roger McNamee is the managing director and a cofounder of Elevation Partners, an investment partnership focused on media and consumer technology.]

Emergency Communications

Chairman Pai Proposes Improvements To Wireless Emergency Alerts

Recently, the FCC has been looking at ways to make Wireless Emergency Alerts more effective and keep the American people safer. To that end, I shared with my colleagues proposed new rules to do just that. The most important feature of this proposal is the requirement that wireless carriers participating in the Wireless Emergency Alert program deliver alerts in a more geographically targeted manner. Emergency officials across America have told the FCC how important it is to better pinpoint these alerts to impacted communities. This would encourage more local officials to use these alerts during emergencies as well as lead Americans to take more seriously the alerts they receive on their mobile devices. More precise geographic targeting should also lead to fewer people opting out of receiving WEA messages. [Full details of the Chairman’s proposed changes to FCC rules concerning Wireless Emergency Alerts will be released on Jan 9, three weeks prior to the Commission’s January 30 Open Meeting at which the proposal is expected to be considered by the Commissioners.] 

Labor

James Damore sues Google, alleging discrimination against whites and men

The engineer who was fired by Google after he criticized its diversity policies is suing the internet giant, alleging that he and others at Google were harassed over their conservative political views. James Damore filed a class-action complaint Jan 8 after setting off a firestorm in August with a 10-page memo blasting what he called Google’s “left bias” for creating a “politically correct monoculture.” He alleged that the presence of women is celebrated because of their gender and that white men were mocked with boos at companywide meetings. “Google’s open hostility for conservative thought is paired with invidious discrimination on the basis of race and gender, barred by law," says the complaint, filed in California Superior Court in San Jose. “Google’s management goes to extreme — and illegal — lengths to encourage hiring managers to take protected categories such as race and/or gender into consideration as determinative hiring factors, to the detriment of Caucasian and male employees and potential employees at Google." Damore’s lawyer is Harmeet Dhillon, a civil rights lawyer who has taken on cases that push back against the Bay Area’s progressive tendencies. She reportedly was on President Trump’s shortlist to lead the Justice Department’s Civil Rights Division in March; the president ended up nominating a different attorney.

More Online

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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