Daily Digest 2/7/2020 (Lucy Jarvis)

Benton Institute for Broadband & Society
Table of Contents

FCC Agenda

Save the Date  |  Read below  |  FCC Chairman Ajit Pai  |  Press Release  |  Federal Communications Commission
Summary: Chairman Pai's C-band Proposal  |  Read below  |  Press Release  |  Federal Communications Commission
C-Band Auction Plan Faces Challenges That May Affect December Start  |  Read below  |  Gary Arlen  |  Multichannel News
Reactions to FCC C-Band Proposal  |  Read below  |  Benton Institute for Broadband & Society
Editorial -- Ajit Pai’s Satellite Mission: A breakthrough on spectrum that should accelerate 5G rollout  |  Wall Street Journal

Broadband/Internet

US appeals court will not reconsider net neutrality repeal ruling  |  Reuters
Neighborhood broadband data makes it clear: We need an agenda to fight digital poverty  |  Read below  |  Lara Fishbane, Adie Tomer  |  Analysis  |  Brookings Institution
USTelecom Industry Metrics and Trends 2020: The Broadband Boom  |  Read below  |  Analysis  |  USTelecom

More on Wireless

For Intelsat, Bankruptcy May Be Way to Slow C-Band Deal  |  Bloomberg
Assistant Attorney General Delrahim Derides States' Effort to Derail T-Mobile/Sprint Merger  |  Read below  |  Gary Arlen  |  Multichannel News
J.D. Power: T-Mobile Tops on Wireless Customer Satisfaction  |  telecompetitor
SpaceX could spin off Starlink satellite business and take it public  |  Read below  |  Ashlee Vance, Dana Hull  |  Bloomberg
OneWeb Launches 34 Satellites as Astronomers Fear Radio Chatter  |  New York Times

Security/Privacy

CBO Scores the Secure and Trusted Communications Networks Act of 219  |  Read below  |  Research  |  Congressional Budget Office
Claude Barfield: For US, crunch time on Huawei (Part I)  |  American Enterprise Institute
Attorney General Barr Suggests U.S. Firms Take Financial Interest in Huawei Rivals  |  Wall Street Journal
Don’t sell my data! Now there’s a law for that — if you jump through these hoops  |  Washington Post
WHOIS Privacy: How we got to this point, and how not to move backwards  |  Internet Infrastructure Coalition

Emergency Communications

Emergency Alerting: Agencies Need to Address Pending Applications and Monitor Industry Progress on System Improvements  |  Read below  |  Andrew Von Ah  |  Research  |  Government Accountability Office

Health

World Health Organization Fights a Pandemic Besides Coronavirus: an ‘Infodemic’  |  New York Times
Protecting expectant mothers in rural Nebraska through data mapping  |  Read below  |  Sen Deb Fischer (R-NE)  |  Op-Ed  |  Columbus Telegram
Veterans Affairs Launches Its First 5G-Enabled Hospital  |  nextgov

Platforms/Content

What it takes to get a hate page off Facebook: A letter from the state AG  |  Ars Technica
Op-ed: Is it local journalism, or just local propaganda?  |  Washington Post
Analysis: What we learned from the first impeachment trial of the social media era  |  Washington Post

Telecom

FCC Proposes Consortium Registration Process for Robocall Trace Backs  |  Federal Communications Commission

Elections & Media

Big Tech opponent Bernie Sanders raises more money from Big Tech employees than anyone else  |  Vox

Government & Communications

Federal Rulemaking: Selected Agencies Should Clearly Communicate How They Post Public Comments and Associated Identity Info  |  Government Accountability Office

Patents

Google faces US International Trade Commission investigation after Sonos complaint over patent infringement  |  CNBC

Stories From Abroad

European Union Deepens Antitrust Inquiry Into Facebook’s Data Practices  |  Wall Street Journal
China's mobile giants to take on Google's Play store  |  Reuters
China’s Dominance of 5G Networks Puts US Economic Future at Stake, Attorney General Barr Warns  |  New York Times
Brazil Judge Dismisses Charges Against the Journalist Glenn Greenwald  |  New York Times
Today's Top Stories

FCC Agenda

Save the Date

FCC Chairman Ajit Pai  |  Press Release  |  Federal Communications Commission

Here's the agenda for the Federal Communications Commission's February open meeting:

  1. I am proposing starting an auction of 280 megahertz of spectrum in the so-called C-band on December 8, 2020. [see more in summary that follows]
  2. A public notice seeking comment on the procedures for the C-band auction. We propose auctioning the lower 280 megahertz of the C-band in 20-megahertz sub-blocks. And to reiterate what I mentioned earlier, this item proposes December 8, 2020 as the start date for bidding.
  3. I am proposing to start the bidding in our auction of 70 MHz of spectrum in the 3.5 GHz band on June 25, 2020.
  4. A proposal to open up additional opportunities for unlicensed white space devices. These devices operate in slivers of spectrum in the TV broadcast bands and 600 MHz frequencies that are not being used for other authorized services. These airwaves have excellent propagation characteristics that make them particularly attractive for delivering communications services over long distance and thus well-suited to deliver wireless broadband services in rural areas.
  5. I'm proposing that we start bidding in the Rural Digital Opportunity Fund Phase I auction on October 22, 2020.
  6. A Report and Order that would modernize the carriage election notices that qualified low-power television stations and noncommercial educational translator stations send to multichannel video programming distributors.
  7. A NPRM on our rule requiring that cable operators maintain in their online public inspection file information regarding their attributable interests in video programming services.
  8. A proposal to enhance public safety through greater information sharing about communications outages. 

Summary: Chairman Pai's C-band Proposal

Press Release  |  Federal Communications Commission

Federal Communications Commission Chairman Ajit Pai shared draft rules that would reform the use of the C-band and make a large amount of spectrum available for 5G, the next generation of wireless technology. The C-band is a 500-megahertz segment of spectrum from 3.7 to 4.2 GHz, which is now mostly used by fixed satellite companies to beam content to video and audio broadcasters, cable systems, and other content distributors. However, satellite companies don’t need the entire C-band to provide the services they are providing today. They can provide the same services with less bandwidth, which would free up a significant amount of spectrum for 5G.

Chairman Pai’s draft rules would make the lower 280 megahertz of the C-band available for flexible use, including 5G, through a public auction. Existing satellite operations would be repacked into the upper 200 megahertz of the band with relocation costs covered. This strikes the appropriate balance between making available critical mid-band spectrum for 5G and protecting incumbent uses. This would be the FCC’s most significant action yet to repurpose mid-band airwaves and would represent a critical step toward securing US leadership in 5G. It would quickly free up a significant amount of spectrum for next-generation wireless services, and it would generate significant revenue for the US Treasury. The full FCC will vote on this Report and Order on Feb 28, 2020 at the FCC’s Open Meeting.

C-Band Auction Plan Faces Challenges That May Affect December Start

Gary Arlen  |  Multichannel News

Even before Federal Communications Commission Chairman Ajit Pai formally unveiled his plan for a C-band spectrum auction to reassign bandwidth for 5G wireless services, legislative and public interest forces began voicing their opposition to or endorsements for the proposal. 

Sen. John Kennedy, (R-LA), who has opposed a big payout to satellite providers, characterized Pai's plan as "much too high" and "highly unfair to taxpayers." Sen Kennedy pointed to a bipartisan spectrum bill (of which he is a co-sponsor) "that would pay down the national debt, modernize public safety and finally free rural communities from their dial-up prison." Referring to the "foreign satellite companies" (European-based Intelsat, SES and Telesat) that operate C-band services in the US, Sen Kennedy said, "We shouldn’t be in the business of spearheading Luxembourg bailouts when there are towns in Louisiana and across the country without access to broadband service.” In Jan 2020, Sens Kennedy, Brian Schatz (D-HI) and Maria Cantwell (D-WA) introduced the Spectrum Management And Reallocation for Taxpayers (SMART) Act, that would cap spectrum clearing reimbursements at $6 billion, inclusive of $1 billion in accelerated clearing incentive payments.

Pai's auction agenda was also quickly challenged by the Democratic chairs of the House Commerce Committee and its Communications and Technology Subcommittee. Full committee Chairman Frank Pallone Jr. (D-NJ) and subcommittee Chairman Mike Doyle (D-PA), in a joint statement, insisted that the plan "only reiterates the need for legislation."

Reactions to FCC C-Band Proposal

Federal Communications Commission Chairman Ajit Pai shared with his fellow Commissioners draft rules that would reform the use of the C-band and make a large amount of spectrum available for 5G, the next generation of wireless technology. The full Commission will vote on this Report and Order on Feb 28, 2020 at the FCC’s Open Meeting

FCC Commissioner Michael O'Rielly: “After years of leading the charge to open up the C-band, I am incredibly excited an order has been circulated, thanks to the leadership of Chairman Pai, that will make a portion of this valuable spectrum available for nextgeneration wireless networks. This key band is by far the most ideal mid-band spectrum in the U.S. for new advanced services, especially 5G. Although I still need to review the particulars, it appears to be consistent with the principles that I set forth a while ago and worked hard with appropriate parties to secure, and I intend to support it. Freeing the 280 MHz of spectrum, while protecting existing systems and remaining users, was my highest priority and where I successfully focused most of my effort. Much time and attention has been spent on the appropriate incentive payment for the satellite providers, and I am pleased that an agreement was reached that should allow them to fully and voluntarily participate in this transition. As I have always said, the satellite providers’ cooperation will be absolutely necessary for a speedy and successful reallocation, and I thank the Chairman for making this possible and for considering this item at the February meeting. Sticking to the announced auction date this December and conducting it on time will be paramount.”

FCC Commissioner Brendan Carr: “This morning’s announcement is another big win for American leadership in 5G. It means even more mid-band spectrum will power American 5G, the American taxpayer will see billions of dollars of revenue, and the C-Band services that Americans rely on will be protected. It is a rare win-win-win in Washington, and I am proud to strongly support it. Unlocking the C-Band’s potential has been one of the most challenging public policy puzzles to solve that I’ve seen in my time on the FCC. Chairman Pai and his team deserve tremendous credit for where we are today. It’s the right decision, and he should be praised for our action."

The C-Band Alliance: “The imminent issuance of the draft order reflects the tireless efforts of many over the past several years to ensure that this critical spectrum comes to market safely, quickly, and efficiently. Today’s comments by Chairman Pai are a significant development in this important proceeding. We look forward to reviewing the draft order, once issued, to place Chairman Pai’s comments in full context.”

AT&T: “We are encouraged that the FCC is taking the next critical step toward making this valuable mid-band spectrum available for mobile flexible use, while at the same time recognizing the critical need to have an orderly and timely transition in place to protect the content programming ecosystem currently relying on C-Band and impacting over 100 million U.S. households.  We look forward to reviewing the details of the draft order and working with all stakeholders to ensure that both the auction and the transition are a success.”

Verizon Chairman and CEO Hans Vestberg: "Today is a monumental day in our nation’s efforts to maintain wireless leadership in 5G. Chairman Pai’s historic announcement sets forth a bold vision for bringing much needed mid-band spectrum to auction this year. Most importantly, his plan ensures that this critical spectrum is not only auctioned quickly, but cleared on an accelerated basis. This speedy transition will undoubtedly ensure that the US will preserve its global leadership in 5G and will produce hundreds of billions of dollars in economic benefits for the country."

Broadband/Internet

Neighborhood broadband data makes it clear: We need an agenda to fight digital poverty

Lara Fishbane, Adie Tomer  |  Analysis  |  Brookings Institution

The digital gap between urban and rural parts of the country tends to garner the most attention. However, our analysis of the Census Bureau’s American Community Survey (ACS) data tells another story: The majority of digitally disconnected households live in metropolitan areas, and the gaps are especially large when comparing neighborhoods within the same place. Effectively, some residents live in digital poverty even as their neighbors thrive. Until metropolitan leaders and their state and federal partners can address the situation, we can expect a kind of digital segregation to persist across metropolitan America. 

From dense urban cities to emerging exurban counties, 13.9 million metropolitan households live without an in-home or wireless broadband subscription, according to 1-year ACS estimates. That’s more than triple the 4.5 million rural households without a broadband subscription. Local leaders, plus their state and federal peers, need a new agenda focused on comprehensive digital equity. That should include:

  • Expanding digital equity tracking, to objectively understand where network and adoption gaps exist and easily communicate the results to policymakers.
  • Building networks of local champions, ensuring community advocates, government officials, and private network providers share intelligence, debate priorities, and deploy new programming.
  • Funding digital equity programs, including a mix of device subsidies, digital skills curricula, and means-tested subscription benefits.

USTelecom Industry Metrics and Trends 2020: The Broadband Boom

Analysis  |  USTelecom

USTelecom released its Industry Metrics and Trends 2020 report highlighting key elements of the broadband boom and investment story. USTelecom will weigh in soon explaining why the Federal Communications Commission should no longer mandate so-called network unbundling, a relic from a different (and far less competitive) era. Key highlights from the USTelecom Industry Metrics and Trends 2020:

Consumers and providers have made the transition from legacy voice to broadband and mobile communications services.

  • A projected 84 percent of American households (109 million households) will subscribe to fixed broadband by the end of 2020.
  • Wireless will account for 79 percent of voice connections by 2020 while traditional phone lines will account for 4 percent.
  • Six percent of U.S. households will use traditional telephone lines at the end of 2020 while 65 percent will be wireless-only and 29 percent Internet-based voice service, mostly from cable operators.
  • Traditional switched telephone subscriptions fell from a peak of 186 million in 2000 to a projected 24 million in 2020.

Nearly all Americans have networks available to them, and providers have deployed increasingly fast broadband services.

  • As of mid-2018, 98.6 percent of Americans have access to a fixed network; 99.8 percent have access to a mobile network; and satellite is available to nearly all consumers.
  • As of mid-2018, 94 percent of Americans could get fixed broadband at 25 Megabits per second (Mbps) download and 3 Mbps upload (25/3 Mbps) or greater; 90 percent at 100/10 Mbps or greater; and more than two-thirds (and growing) at near-gigabit speeds.

Competition and technological innovation define the broadband communications industry.

  • Two or more fixed networks are available to 91 percent of Americans and two or more wired networks are available to 86 percent of Americans. The numbers are even higher in urban areas, where USTelecom analysis shows that 97 percent have a choice of two or more fixed networks.
  • Three or more mobile networks are available to 98 percent of Americans.
  • The portion of Americans that could choose from two or more wired broadband networks at 10/1 Mbps or greater grew from 53 percent of Americans in 2012 to 72 percent as of mid-2018.
  • The portion of Americans that could choose from two or more wired broadband networks at 25/3 Mbps or greater grew from 23 percent of Americans in 2012 to 59 percent as of mid-2018.

Wireless/Spectrum

Assistant Attorney General Delrahim Derides States' Effort to Derail T-Mobile/Sprint Merger

Gary Arlen  |  Multichannel News

The prospect that "third parties [could] undercut...federal enforcement decisions" — such as the pending T-Mobile/Sprint merger — is one of the greatest concerns in the new antitrust environment, Assistant Attorney General Makan Delrahim explained. He reminded people that the Federal Communications Commission, the Department of Justice, and many states approved the merger in 2019. But then attorneys general from 10 states and the District of Columbia sued to prevent the alliance. A decision is still pending.

"So, we have two specialized federal agencies reviewing the T-Mobile/Sprint transaction" and deeming it legal, Delrahim said. "Yet, we have a minority of states and the District of Columbia trying to undo that relief across the entire country. If you find this situation odd, you’re not alone." "We often work closely with our state attorneys general partners in enforcement actions," he continued. "Here, however, a small group of state attorneys general did not reach consensus." Assistant AG Delrahim contended that such actions are "incompatible with the orderly operation of our antitrust merger laws and telecommunications regulations. It creates the risk that a small subset of states, or even perhaps just one, could undermine beneficial transactions and settlements nationwide." Delrahim said, "That any state, or even any individual, can undo the nationwide relief secured by the federal government and approved by a federal court. That would wreak havoc on parties’ ability to merge, on the government’s ability to settle cases, and cause real uncertainty in the market for mergers and acquisitions," he said, noting that "Permitting states to undermine federal enforcement also would be contrary to congressional intent."

SpaceX could spin off Starlink satellite business and take it public

Ashlee Vance, Dana Hull  |  Bloomberg

Elon Musk’s SpaceX plans to spin out and pursue a public offering of its budding space-internet business Starlink, giving investors a chance to buy into one of the most promising operations within the closely held company. Space Exploration Technologies Corp. has already launched more than 240 satellites to build out Starlink, which will start delivering internet services to customers from space this summer, President Gwynne Shotwell said. “Right now, we are a private company, but Starlink is the right kind of business that we can go ahead and take public,” said Shotwell, SpaceX’s chief operating officer. “That particular piece is an element of the business that we are likely to spin out and go public.” Starlink would beam down relatively high-speed data from its network of satellites orbiting the Earth.

Security

CBO Scores the Secure and Trusted Communications Networks Act of 219

Research  |  Congressional Budget Office

The Secure and Trusted Communications Networks Act of 2019 (HR 4998) would establish a program, administered by the Federal Communications Commission, to reimburse certain US communications providers for the cost of removing and replacing equipment or services made or provided by entities, including certain companies based in China, that are deemed to pose a national security risk. The act would prohibit recipients of FCC subsidies from using those funds to purchase, rent, lease, or otherwise obtain communications equipment or services that could threaten national security. The FCC would be required to identify and post lists of prohibited equipment and services on its website.

Using information from the FCC and industry experts, the Congressional Budget Office (CBO) expects that eligible communications providers would request about $800 million in reimbursements over the 2021-2025 period and about $200 million after 2025. In 2021, CBO anticipates, the FCC would issue rules, establish the program, and begin to accept applications; reimbursements would begin in 2022. Some providers would quickly remove and replace covered equipment, but, for technical reasons, others would probably take longer to do so. Over the 2021-2025 period, CBO estimates, the FCC would spend $781 million to establish and administer the program and distribute reimbursements. Such spending would be subject to appropriation of the estimated amounts. However, because the FCC is required to collect regulatory fees in an amount sufficient to offset its annual appropriation, CBO expects that any change in net discretionary spending by the FCC would be negligible, assuming appropriation action consistent with that requirement.

Emergency Communications

Emergency Alerting: Agencies Need to Address Pending Applications and Monitor Industry Progress on System Improvements

Andrew Von Ah  |  Research  |  Government Accountability Office

The Integrated Public Alert and Warning System (IPAWS) Modernization Act, enacted in 2016, required the Federal Emergency Management Agency (FEMA), in consultation and coordination with Federal Communications Commission, to enhance and test the capabilities of IPAWS and increase its adoption among state and local public safety agencies. GAO was asked to review the federal response to recent natural disasters. This report examines, among other things: (1) trends in the use of IPAWS and (2) actions that FEMA and FCC have taken to modernize IPAWS and increase its adoption.

GAO found that FEMA has begun to modernize alerting capabilities with help from the FCC. However, some state and local public safety agencies cannot access the system and others have low confidence in using it. Also, without goals and performance measures for improvements made to wireless emergency alerts, the FCC can’t ensure the system is working as intended.

GAO is making three recommendations:

  1. The Chairman of FCC should develop specific, measurable goals and performance measures for its efforts to monitor the performance of new Wireless Emergency Alert (WEA) capabilities, such as enhanced geo-targeting and expanded alert message length.
  2. The Director of the IPAWS program should document how it plans to address key actions needed to educate alerting authorities in their use of IPAWS and implement a mechanism that will allow FEMA to regularly and systematically obtain and analyze feedback on alerting authorities' educational needs
  3. The Director of the IPAWS program should establish procedures to prioritize pending IPAWS applications and to follow up with applicants to address these applications

Health

Protecting expectant mothers in rural Nebraska through data mapping

Sen Deb Fischer (R-NE)  |  Op-Ed  |  Columbus Telegram

For pregnant women in rural areas, local resources supporting maternal health may be strained, and the nearest hospital is often far away, putting mothers and their babies at serious risk. That’s why I was proud to join my colleagues, Sens Jacky Rosen (D-NV), Todd Young (R-IN), and Brian Schatz (D-HI) to introduce the bipartisan Data Mapping to Save Moms’ Lives Act. This legislation would require the Federal Communications Commission to use data mapping to identify areas in the US that have both internet access gaps as well as high rates of poor maternal outcomes. The FCC has already mapped similar information related to internet service gaps and diabetes rates. This data would illustrate where access to telehealth services can be most effective. Maternal telehealth services involve using internet-connected technologies—such as video consultations with specialists and devices that remotely monitor vital signs—to provide long-distance health care.

By mapping broadband network information alongside rates of maternal morbidity, this bill would leverage data to boost positive maternal health outcomes and save the lives of expectant mothers and their babies—particularly in rural and underserved communities in the Heartland. As a member of the Senate Commerce Committee, I will continue to work to build support among my colleagues for this legislation.

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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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