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Rep Will Hurd: Why I voted to release the Nunes memo
[Commentary] I voted to release the Nunes memo because I believe that the duty to inform the American public is one of my biggest responsibilities as an elected representative in our democratic republic. This is in accordance with the Legislative Reorganization Act of 1946, which directed House and Senate committees to “exercise continuous watchfulness” over executive-branch programs. Furthermore, according to rules of the House, the House Permanent Select Committee on Intelligence, on which I serve, may disclose publicly any information in its possession after a determination by the committee that the public interest would be served by such disclosure. All Americans should understand the implications of the actions taken by the leaders of our federal law enforcement agencies and their impact on our citizenry. I understand the FBI and Justice Department’s unprecedented public denunciation of the potential publication of the memo, because they don’t want to see a precedent set by which Congress firmly exercises its informing function. But it is the right of our citizens to demand that they are kept informed by the men and women they send to Washington, especially during troubling and contentious times. My vote to release this memo did exactly that. [Rep Will Hurd (R-TX) is a member of the House Intelligence Committee]
Sen Mark Warner: ‘We’ve Had New Information That Raises More Questions’
Sen. Mark Warner (D-VA) says Congress late last year received “extraordinarily important new documents” in its investigation of President Donald Trump and his campaign’s possible collusion with the 2016 Russian election hacking, opening up significant new lines of inquiry in the Senate Intelligence Committee’s probe of the president. The committee's ranking member says “end-of-the-year document dumps” produced “very significant” revelations that “opened a lot of new questions” that Senate investigators are now looking into, meaning the inquiry into President Trump and the Russia hacking—already nearly a year old—will not be finished for months longer. “We’ve had new information that raises more questions,” said Sen. Warner. He also warned about a “coordinated” attack by the president and “Trump zealots” in the House of Representatives to undermine the legitimacy of the investigations against him, an effort Sen Warner says includes the president’s threats to fire special counsel Robert Mueller and other officials as well as a secret Republican memo alleging “shocking” FBI surveillance abuse against President Trump. Sen. Warner calls out House Intelligence Committee Chairman Devin Nunes (R-CA), in arguably more explicit terms than any Democrat has yet, saying he has read the underlying classified material used in the memo and that Rep. Nunes misrepresented it as part of a McCarthyite “secret Star Chamber” effort to discredit the FBI probe of the president.
2018 Broadband Deployment Report
In the wake of the 2015 Title II Order, the deployment of advanced telecommunications capability slowed dramatically. From 2012 to 2014, the two years preceding the Title II Order, fixed terrestrial broadband Internet access was deployed to 29.9 million people who never had it before, including 1 million people on Tribal lands. In the following two years, new deployments dropped 55 percent, reaching only 13.5 million people, including only 330,000 people on Tribal lands. From 2012 to 2014, mobile LTE broadband was newly deployed to 34.2 million people, including 21.5 million rural Americans. In the following two years, new mobile deployments dropped 83 percent, reaching only 5.8 million more Americans, including only 2.3 million more rural Americans. And from 2012 to 2014, the number of Americans without access to both fixed terrestrial broadband and mobile broadband fell by more than half—from 72.1 million to 34.5 million. But the pace was nearly three times slower after the adoption of the 2015 Title II Order, with only 13.9 million Americans newly getting access to both over the next two years.
That’s why over the past year, the FCC has followed the congressional command and taken repeated “action[s] to accelerate deployment of such capability by removing barriers to infrastructure investment and by promoting competition in the telecommunications market.” Most notably since the last report, the FCC has taken concrete actions to reduce regulatory barriers to the deployment of wireline and wireless infrastructure, constituted a Broadband Deployment Advisory Committee to assist in these efforts, reformed the legacy high-cost universal service program to ensure accountability and introduce opportunities for new entrants through reverse auctions, modernized our rules for business data services to facilitate facilities-based competition, authorized new uses of wireless spectrum both terrestrially and in the sky, and repealed the heavy-handed regulations of the Title II Order by returning to a light-touch approach to broadband Internet access.
With these changes in policy to accelerate deployment, we believe that the Commission is now encouraging the deployment on a reasonable and timely basis of advanced telecommunications capability to all Americans.
FCC Commissioners' Statements on 2018 Broadband Deployment Report
FCC and Tribal Broadband Deployment
FCC Commissioner Clyburn: “When it comes to the FCC’s commitment to expand tribal broadband, what’s the hold up? Chairman Pai repeatedly claims that closing the digital divide is among his top priorities, yet nearly a year has elapsed since a proposal was first put forward to help improve connectivity for Native communities and still no action. As my colleagues in the Majority are fond of saying, companies need certainty. I agree. With a substantial percentage of those living in rural areas of Tribal lands lacking high-speed broadband, the time is now for an up or down vote that will ensure that these communities do not lose the connectivity they desperately want and need.”
FCC Chairman Ajit Pai: “A few weeks after I became Chairman, in February 2017, I shared with my colleagues— including Commissioner Clyburn—an order that would increase federal funding for broadband infrastructure on Tribal lands. It explains that deployment on Tribal lands is difficult and that operational expenses are typically higher than on non-Tribal lands. We had three votes in favor of this item, and had those three votes for months. So what was the hold up? Despite having formally voted for the item, Commissioner Clyburn’s office had privately and repeatedly threatened to withdraw her critical third vote in favor of the order if we moved to bring this item across the finish line. It is worth noting that her threat had nothing to do with what is actually contained in the order. Then, this morning, she carried through on that threat and withdrew her critical third vote in favor of the order. If Commissioner Clyburn believes as I do that the Commission should take action to expand broadband access on Tribal lands, the way forward is simple. Instead of quietly changing her vote on a Friday morning and issuing a Friday afternoon press release designed to shift the blame, she should cast her vote in favor of an order that will increase federal funding for broadband infrastructure on Tribal lands. It’s that simple.”
Senate receives notice of FCC net neutrality repeal
Apparently, the Senate has now received official notice of the Federal Communications Commission's net neutrality repeal. That procedural development is important because it could be the first step to triggering a 60-day clock for Congress to undo the FCC’s decision. (That is, 60 legislative days.) The Senate’s 47 Democrats and two independents plus Sen. Susan Collins (R-Maine) have said they would support such a maneuver, using the Congressional Review Act. That’s 50 votes, still one vote short of the number needed for approval in the Senate.
Chairman Blackburn Sides With President Trump on Broadband
House Subcommittee on Communications and Technology Chairman Marsha Blackburn (R-TN) isn’t joining fellow rural state lawmakers in pushing for dedicated funding for broadband in the infrastructure package. She wants to focus on bills to streamline permitting and clear away regulations impeding new networks, and attach them to the infrastructure legislation. “I want to see how much bipartisan support we can end up building for simplifying this process,” she said. Full House Commerce Committee Chairman Greg Walden (R-OR) agreed: “Sometimes it’s more than just the money,” he said, arguing that FCC subsidies already provide billions of dollars for broadband and that the private sector is doing just fine. But small telecoms from Blackburn’s home state say simply cutting red tape isn’t enough to close the urban-rural digital divide. “Money drives the network,” said Levoy Knowles, executive director of the Tennessee Telecommunications Association, citing estimates that the state needs well over $1 billion for broadband. “There has to be some dedicated money to close the gap.”
To expand rural broadband, President Trump and Congress should listen to local leaders
[Commentary] As Congress continues to hold hearings on “internet expansion” and a possible infrastructure bill is developed, we recommend three action steps that President Trump, Congress and the FCC can and should take to solidify their commitment to improving broadband access in rural America:
- Create and maintain accurate information about availability. Many rural communities are disqualified from receiving funding for broadband based on inaccurate data supplied by telecom providers. Auditing submitted data could provide the needed transparency and accountability that would both provide evidence of the scope of the access divide and increase a sense of trust that taxpayer dollars are being well spent.
- Encourage local solutions. Both co-ops and municipal networks have proven to be important options in expanding high-quality rural internet access.The federal government should encourage all investment, encouraging states to remove barriers to local solutions and allowing all capable entrants to receive federal funding through the Connect America Fund.
- Promote innovation and competition. The FCC should maintain the existing 3.5 GHz Band rules to ensure rural wireless providers can deliver higher-quality services. Changing these rules, as the FCC has proposed, will limit creative local pilots and innovations in rural communities while disproportionately favoring the large providers. These changes would harm competition, not encourage it.
[Deb Socia is executive director of the nonprofit Next Century Cities]
The Hypocrisy of AT&T’s “Internet Bill of Rights”
[Commentary] AT&T has decided it’s good business to advocate for an “Internet Bill of Rights.” Of course, that catchy name doesn’t in any way mean that what AT&T wants is a codified list of rights for Internet users. No, what AT&T wants is to keep a firm hold on the gains it has made in the last year at the expense of its customers’ rights. There is nothing in the history—the very recent history—of AT&T to make anyone believe that it has anyone’s actual best interests at heart. Let’s take a look at how this company has traditionally felt about privacy and network neutrality.
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Few companies have done more to combat privacy and network neutrality than AT&T.
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AT&T’s Fight Against Privacy
- AT&T’s Fight Against Network Neutrality
Cyclist Protests Net Neutrality by 'Throttling' Traffic Outside the FCC Headquarters
Disrupting traffic has long been a way for protesters to call attention to a cause. But when the cause itself is speed—in this case, Internet speed—the move takes on an extra level of defiance. That’s what one cyclist made clear when he used his bike to protest the Federal Communications Commission. The FCC voted in December to end Obama-era rules for Internet service providers. By doing away with so-called net neutrality, critics say, the agency opened the door to broadband companies blocking access to certain websites or slowing down Internet speeds unless users pay a fee—a process known as “throttling.” Rob Bliss, a video director for the website Seriously.TV, was upset with the FCC’s decision. So he grabbed a bike and headed to Washington, DC, to do some throttling of his own. [see video at the link below]
FCC to Court: We Gauged Deregulation Impact on Diversity
The Federal Communications Commission told the US Court of Appeals for the Third Circuit that it did consider the impact of its broadcast local ownership deregulation on minority and female ownership and that that consideration and its adoption of a definition of eligible entity meets that court's mandate. "[T]he Commission carefully analyzed whether each of its rule changes would have a “material impact on minority and female ownership," said the FCC's legal team. The FCC told the court it could consider the arguments for or against the rule change in the regular order of challenges to those underlying rules, but that it should not take the extreme state of staying the rules and granting the writ of mandamus. The FCC also said the court did not mandate further data collection related to gauging diversity impact. Prometheus et al. identified the lack of data as one reason the FCC had failed to discharge the court's mandate. It also addressed the thresholds for a stay, saying petitioners had not shown they lacked an adequate alternative remedy, or that they would be irreparably harmed absent a stay, or that they are likely to win their underlying challenge on the merits, or that the balance of harms favors the stay.
NAB, Sinclair Defend FCC Deregulation to Court
The National Association of Broadcasters and Sinclair have asked a federal court to allow them to weigh in on the request from critics of the Federal Communications Commission's broadcast deregulatory decision that the court block that deregulation. They say that, while not parties to the suit, they are the ones most affected by a stay of the rules. The broadcasters strongly support the FCC's November decision to eliminate crossownership rules and loosen other local ownership restrictions. They reminded the US Court of Appeals for the Third Circuit that it has taken no action on the stay--for one thing, it had given the FCC until Feb. 2 to respond to the request for a stay. NAB and Sinclair say the FCC has given them consent to weigh in, while the petitioners--Prometheus Radio Project and Media Mobilizing Project--have refused to do so. Just in case the court agrees, NAB and Sinclair included their opposition brief in the request it be accepted for filing along with the FCC's response. Basically, their argument is that the emergency stay does not meet the test for granting it, a high bar that includes harm to the petitioners absent a stay and likelihood of victory on appeal.
FCC fines Cesar Chavez Foundation over promotions on its radio stations
The Federal Communications Commission has levied a record fine against two farmworker radio stations in California and Arizona for overstepping restrictions against commercial advertising. The Cesar Chavez Foundation, a nonprofit social service affiliate of the United Farm Workers union, agreed to a $115,000 fine and a one-year moratorium on new underwriting from for-profit sponsors on the two stations. The stations — KUFW-FM (90.5) in Woodlake (CA) and KNAI-FM (88.3) in Phoenix — strayed from rules that allow educational stations to acknowledge underwriters without making "commercial" pitches for them, the FCC found. Those violations, from August 2016 to March 2017, involved promotional announcements that implicitly compared an underwriter's business with competitors', provided information about valuation and discounts, and urged listeners to contact a business. Examples included assuring listeners they could "trust" one car dealership, and listing services and products of specific cellphone companies, according to the FCC. And at 30 to 60 seconds, the announcements were too long, the agency said. Such violations "threaten to upset the reasonable balance between the financial needs of noncommercial educational stations and their obligation to provide an essentially noncommercial service," the FCC said.
The White House has finally restored a petitions site that is critical of President Trump
In December 2017, the White House took down the popular “We the People” petitions website with the promise that it would be restored by “late January.” Now petitions.whitehouse.gov has relaunched. A number of petitions have signature totals that surpass the 100,000 threshold used during the Obama years to initiate a formal response, but the White House has not responded to a petition since President Donald Trump took office.
Paper FCC Record: Why in the World?
The practice of printing hard-copies of the “FCC Record” should be eliminated. To be crystal clear, I am not suggesting that we keep its contents or information from the public. On the contrary, I suggest that it makes little sense to continue to publish paper copies when other mechanisms are more consumer friendly, cost-efficient, and easier to access. Instead, the Commission should make its documents centrally located and easier to find for interested parties electronically, making paper copies of the Record unnecessary on a going forward basis. If Encyclopedia Britannica could eliminate paper versions of their works in 2012, why can’t the FCC do the same for its paper copies in 2018? .... Ultimately, replacing paper copies of the FCC Record with an electronic version would save scarce federal funding, be more accessible for interested parties, and result in less paper waste. That seems worth the limited effort needed to make it a reality. [FCC Commissioner Mike O'Rielly]
Cancer Risk From Cellphone Radiation Is Small, Studies Show
Despite years of research, there is still no clear answer to the question: Do cellphones cause cancer? But two government studies, one in rats and one in mice, suggest that if there is any risk, it is small, health officials said. These two studies on the effects of the type of radiation the phones emit, conducted over 10 years and costing $25 million, are considered the most extensive to date.
Early Facebook and Google Employees Form Coalition to Fight What They Built
A group of Silicon Valley technologists who were early employees at Facebook and Google, alarmed over the ill effects of social networks and smartphones, are banding together to challenge the companies they helped build. The cohort is creating a union of concerned experts called the Center for Humane Technology. Along with the nonprofit media watchdog group Common Sense Media, it also plans an anti-tech addiction lobbying effort and an ad campaign at 55,000 public schools in the United States. The campaign, titled The Truth About Tech, will be funded with $7 million from Common Sense and capital raised by the Center for Humane Technology. Common Sense also has $50 million in donated media and airtime from partners including Comcast and DirecTV. It will be aimed at educating students, parents and teachers about the dangers of technology, including the depression that can come from heavy use of social media.
National Security Council official behind 5G memo leaves White House
Air Force Brig. Gen. Robert Spalding, the author of a memo arguing for a government takeover of development of the nation’s 5G mobile network, is no longer serving as National Security Council Senior Director for Strategic Planning. He was not fired; his detail ended and he was not renewed. His last day as a White House staffer was Jan. 31. Brig. Gen. Spalding was not implicated in the leak of the memo, but officials said his advocacy for the plan had gone beyond his role, contributing to the NSC leadership’s decision to send him back to the Air Force. Part of Spalding’s job had been to canvas private industry and outside groups about the plan, but in recent weeks senior officials became concerned that he had become too aggressive in pushing the idea, getting out ahead of the administration’s still nascent deliberations. He has not been disciplined formally and is free to seek a new job in the Defense Department.
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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