Monday, March 25, 2019
Headlines Daily Digest
Week's Busy Agenda includes The Impacts of Online Hate and Markup of Net Neutrality Bill
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Agenda
Federal Communications Commission Chairman Ajit Pai announced that the items below are tentatively on the agenda for the April Open Commission Meeting scheduled for Friday, April 12, 2019:
5G Incentive Auction Public Notice – The Commission will consider a Public Notice seeking comment on procedures for the incentive auction of Upper Microwave Flexible Use Licenses in the Upper 37 GHz, 39 GHz, and 47 GHz Bands (Auction 103) for Next Generation Wireless Services. (AU Docket 19-59)
37 GHz & 50 GHz Spectrum Band Rules – The Commission will consider a Report and Order that would allow Fixed-Satellite Service earth stations to be individually licensed to transmit in the 50 GHz band and would establish a process for the Department of Defense to operate on a shared basis in the Upper 37 GHz band in limited circumstances. (GN Docket No. 14-177)
Fixed Wireless Infrastructure Rules – The Commission will consider a Notice of Proposed Rulemaking that proposes to modernize the Commission’s rule for over-the-air-reception devices (OTARD) to facilitate the deployment of modern fixed wireless infrastructure. (WT Docket No. 19-71)
Channel Lineup Requirements – The Commission will consider a Report and Order that would eliminate the requirement that cable operators maintain a channel lineup at their local office and would eliminate the requirement that certain cable operators make their channel lineup available via their online public inspection file. (MB Docket Nos. 18-92, 17-105)
USTelecom Partial Forbearance – The Commission will consider a Memorandum Opinion and Order that would grant forbearance to Bell Operating Companies and independent incumbent carriers from certain unnecessary and outdated structural and nondiscrimination requirements. (WC Docket No. 18-141)
Rural Phone Rates – The Commission will consider a Report and Order that would eliminate the high-cost program’s rate floor rule and end the federal mandate that raises the telephone rates paid by many rural Americans. (WC Docket No. 10-90)
Growing up in Johnson County (KS), Geoffrey Starks could walk from his Leawood home to the Sprint campus in Overland Park. Starks, 39, sworn in earlier in 2019 as the newest commissioner of the Federal Communications Commission, offers this piece of personal history to say that the FCC’s upcoming vote on T-Mobile’s $26 billion merger with Sprint is more than just his first big decision. It hits close to home, where Sprint employs 6,000 people. “I know what Sprint means to Kansas City,” he said. “I believe in a muscular public interest standard in evaluating mergers and that is not only whether consumers will be harmed by mergers. Our public interest standard actually looks at whether consumers and competition will be enhanced. That includes pricing. That includes service. And that does include jobs as well,” Commissioner Starks said, speaking broadly about all mergers reviewed by the commission. “I don’t think it is improper for me to consider the impact on jobs, jobs gained and jobs lost.”
AT&T's "5G E" service is slightly slower than Verizon's and T-Mobile's advanced 4G LTE networks, a study by OpenSignal has found. AT&T renamed a large portion of its 4G network, calling it "5G E," for "5G Evolution." After comparing user-initiated speed tests from more than 1 million devices, OpenSignal found that AT&T's "5G E" phones get average speeds of 28.8Mbps, which is less than T-Mobile's 29.4Mbps and Verizon's 29.9Mbps but higher than Sprint's 20.4Mbps. The AT&T average of 18.2Mbps on non-advanced LTE was also slightly behind T-Mobile and Verizon but ahead of Sprint. In other words, AT&T's 5G E speeds are typical LTE-Advanced speeds. It is a real upgrade over the older portions of AT&T's 4G network, but that's true for all four carriers.
House Commerce Committee Ranking Member Greg Walden (R-OR) said that the goal of new internet regulation, which he says he generally supports, should be to prevent bad behavior by Internet service providers, not to re-enshrine the Title II telecommunication definition suited to monopoly telephone companies. While Ranking Member Walden signaled Title II was a nonstarter, he said [Democrats and Republicans] should and ought to be able to agree on no blocking and throttling and "even" no paid prioritization. He also said it is time to have a serious debate about breaking up or regulating Edge Providers--removing liability carve-outs for third party content, for example--who he says engage in de facto speech regulation. He pointed out that Sen Ted Cruz (R-TX) has recently suggested he may agree with Elizabeth Warren (D-MA) about the need to break up the Biggest Tech. Ranking Member Walden said he didn't know if he was there yet, but he was ready to consider whether The Edge was the common carrier and that the issue of regulating or breaking up the edge was ripe for debate and "deep consideration...Are we seeing monopolies before our eyes."
Security/Privacy
Sens Wyden, Paul, Leahy, Daines Question DOJ Over Government Surveillance of Americans’ Location Information
Sens Ron Wyden (D-OR), Rand Paul (R-KY), Patrick Leahy (D-VT) and Steve Daines (R-MT) asked the Department of Justice a series of questions about when and how the government can collect information about Americans’ location, in a bipartisan letter to Attorney General William Barr. The senators asked Attorney General Barr how the Supreme Court’s decision in Carpenter v. United States, that the government must get a warrant to obtain location information about Americans in most circumstances, has impacted federal government surveillance, including by the National Security Agency. “In light of the Carpenter decision and the recognition of Americans’ legitimate interest in privacy around [cellular location information], the American public deserves to know how the intelligence community treats these records and other sensitive metadata in national security cases,” the senators wrote.
On March 12, Utah legislators voted unanimously to pass landmark legislation in support of a new privacy law that will protect private electronic data stored with third parties like Google or Facebook from free-range government access. The bill stipulates that law enforcement will be required to obtain a warrant before accessing “certain electronic information or data.” (Unlike consumer privacy laws, the bill does not give individuals the ability to see the information that companies collect on them, and doesn’t regulate how personal data is used internally.) The bipartisan bill is expected to go to Gov Gary Herbert’s (R-UT) desk for final approval the week of March 25. If he signs the bill, Utah will be the first state in the nation to lawfully protect the electronic information that individuals entrust to third parties.
Government & Communications
FCC secrecy over net neutrality comments leads to settlement for journalist
The Federal Communications Commission has settled a case over its refusal to comply with a public records request, agreeing to pay $43,000 to a journalist who sued the commission. Freelance writer Jason Prechtel filed a Freedom of Information Act (FoIA) request with the FCC in mid-2017, asking for data that would identify who made bulk comment uploads in the proceeding that led to the repeal of network neutrality rules. Prechtel was trying to research comments that were falsely attributed to people without their knowledge. The FCC didn't comply with the request and allegedly didn't even approve or deny the FoIA request within the legally allotted timeframe, so Prechtel sued the commission in Sept 2017. One year later, a US District Court judge presiding over the case ordered the FCC to stop withholding certain records sought by Prechtel, although the ruling didn't give Prechtel everything he asked for. A settlement agreement filed in court this week says the FCC agreed to pay Prechtel $43,000 to cover his attorneys' fees and court costs. Chairman Ajit Pai's FCC did not admit any wrongdoing, but the settlement has resulted in the case being closed.
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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