Daily Digest 3/29/2019 (The feeble state of broadband in the US)

Benton Foundation
Table of Contents

Broadband

The anti-competitive forces that foil speedy, affordable broadband  |  Read below  |  Bill Snyder, Chris Witteman  |  Fast Company
Title II: Why a law from 1934 is the biggest issue surrounding net neutrality  |  Read below  |  Andrew Wyrich  |  Daily Dot
Presidential Candidate Klobuchar: Full 'Net Access by 2020  |  Read below  |  John Eggerton  |  Broadcasting&Cable, Vox
Reaction to FCC Proposal to Cap USF  |  Summary at Benton.org  |  Kevin Taglang  |  Benton Foundation
Public Knowledge Opposes FCC Move to Cap USF, Abandon Universal Service Mission  |  Read below  |  Alisa Valentin  |  Press Release  |  Public Knowledge
FCC Designates Eight CAF II Auction Awardees as ETCs  |  Federal Communications Commission
Vermont House Overwhelmingly Advances Broadband Bill Funding Community Models  |  Vermont Public Radio
North Carolina Broadband Bills Benefit Local Communities, Co-ops  |  Institute for Local Self-Reliance
City Seeks Operator for Open Access Fiber Broadband Network  |  Culver City
Port of Bellingham (WA) Hopes to Close Rural Internet Gaps  |  Bellingham Herald

Wireless

Reps Kustoff, Timmons Introduce the Cellphone Jamming Reform Act of 2019  |  Read below  |  Rep David Kustoff (R-TN)  |  Press Release  |  US House of Representatives
Secure 5G and Beyond Act Introduced, Would Prohibit 5G Net Nationalization  |  Multichannel News
Commissioner Carr Congratulates West Virginia for Enacting 5G Infrastructure Reform  |  Federal Communications Commission
Attempts to regulate ‘small cell’ equipment for 5G network die in Maryland legislature  |  Washington Post
Sprint Claim It’s Weak Without T-Mobile Draws Skepticism  |  Bloomberg

Telecom

The FCC Has Fined Robocallers $208 Million. It’s Collected $6,790.  |  Read below  |  Sarah Krouse  |  Wall Street Journal
Verizon launches free service for identifying and blocking spam calls  |  Vox

Advertising

 
Dept of Housing and Urban Development Charges Facebook with Housing Discrimination Over Targeted Ad Practices  |  Read below  |  Press Release  |  Department of Housing and Urban Development
HUD is reviewing Twitter’s and Google’s ad practices as part of housing discrimination probe  |  Read below  |  Tracy Jan  |  Washington Post
HUD Action Against Facebook Signals Trouble for Other Platforms  |  Wall Street Journal
Op-ed: To Detect Misinformation Campaigns, Require Tech Companies to Put All Their Ads in a Publicly Accessible Archive  |  New York Times

Television

FCC Defends 2017 Broadcast Deregulation in Court  |  Read below  |  John Eggerton  |  Broadcasting&Cable
Maine Senators Diss DirecTV and parent AT&T for importing TV station distant signals rather than local  |  Broadcasting&Cable
YouTube TV is now available in every TV market in the US  |  Vox

Journalism

Marshall Project launches print publication to be distributed in prisons  |  Hill, The
Tech companies and California's attorney general aren't waiting for Washington to take action on pressing tech policy issues  |  Washington Post

Surveillance

Lawmakers Call for Termination of NSA Domestic Surveillance Program  |  Wall Street Journal

Government Performance

Antitrust Division Issues 2019 Annual Newsletter  |  Department of Justice

Government & Communications

President Trump knocks MSNBC, CNN rankings: 'Fake News never wins!'  |  Hill, The
Editorial: Should 1st Amendment prohibit officials from retaliating against constituents on social media? Some courts say yes  |  New York Times

Stories From Abroad

Facebook tightens up rules for political advertisers  |  Read below  |  Alex Hern  |  Guadian, The, Facebook
Maria Ressa, Journalist Critical of Duterte, Is Arrested Again in Philippines  |  New York Times
Today's Top Stories

Broadband

The anti-competitive forces that foil speedy, affordable broadband

Bill Snyder, Chris Witteman  |  Fast Company

From Chattanooga, Tennessee, to Santa Monica, California, hundreds of communities in the U.S. have been able to provide consumers and businesses with affordable broadband over locally owned and controlled fiber and coaxial networks. But San Francisco, the epicenter of the digital revolution, can’t match the success of these smaller municipalities, many with far fewer resources and civic wealth. San Francisco is not alone. While publicly owned fiber networks work well in smaller towns, not a single big US city has been able to replicate the success of cities elsewhere in the world. San Francisco’s failure mirrors the feeble state of broadband in the United States: 1) Competition is sparse, 2) The incumbent players have political clout, and 3) ISPs hog the poles. Until the Federal Communications Commission and other agencies push for more competition, and state legislatures shake off the influence of the giant ISPs and cable companies, the United States will be stuck with second-rate connectivity.

Title II: Why a law from 1934 is the biggest issue surrounding net neutrality

Andrew Wyrich  |  Daily Dot

During both recent House Communications Subcommittee hearings regarding network neutrality, Republican lawmakers have railed against Title II, rules that have been in place since 1934. On March 26, during the bill’s markup hearing, House Commerce Ranking Member Greg Walden (R-OR) called the inclusion of Title II “not necessary” for any net neutrality bill, and argued that it “could provide the federal government with near unlimited and unchecked authority for bureaucrats in Washington that oversee the internet.” However, Democratic lawmakers have argued that such predictions are unfounded given the nature of the Save The Internet Act, and how it agrees to not impose those rules Republicans are fearmongering about. House Communications Subcommittee Chairman Mike Doyle (D-PA) said, "“By codifying the order this legislation also permanently prevents the FCC from applying 27 sections of the Communications Act, as well as over 700 regulations–the majority of Title II. In doing so, the bill permanently prohibits the FCC from engaging in rate setting, requiring that broadband providers unbundle their network, or levying additional taxes or fees on broadband access… This bill removes much of the regulatory overhang that Title II that internet service providers and our colleagues on the other side of the aisle have long complained about.”

Presidential Candidate Klobuchar: Full 'Net Access by 2020

John Eggerton  |  Broadcasting&Cable, Vox

Sen Amy Klobuchar (D-MN), who is running to be President, has pledged a broadband connection in every home as part of her trillion-dollar infrastructure rebuild plan. She said the overall rebuild/upgrade -- roads, bridges, green infrastructure, broadband and more -- would be her top budget priority from the outset. That includes connecting every household to the internet by 2022. Citing what she says is one in four rural Americans who "say access to high-speed internet is a major problem," the campaign said, "Amy’s plan will help close the urban-rural divide by creating accurate broadband maps to identify areas that lack adequate access, focus on bringing high-speed internet infrastructure to areas most in need, and provide greater incentives for existing providers to use funds to upgrade their networks to cover unserved and underserved areas."

Public Knowledge Opposes FCC Move to Cap USF, Abandon Universal Service Mission

Alisa Valentin  |  Press Release  |  Public Knowledge

Public Knowledge opposes capping the Universal Servcie Fund because it may hinder the Federal Communications Commission’s ability to fulfill its universal service mandate. The following can be attributed to Alisa Valentin, Communications Justice Fellow at Public Knowledge:

“The reported proposal to cap USF funding directly contradicts Chairman Pai’s oft-repeated mantra that his primary focus is to close the digital divide. Congress has long directed the Commission to ensure that every American has access to essential communications services, and this proposal directly contradicts Congress’ intent. This proposal may impede the FCC from making broadband affordable and accessible for all Americans, and those impacts will be felt most directly by our country’s most vulnerable communities, jeopardizing families who most need assistance connecting, students and low-income individuals who rely on internet access at schools and libraries, and families living in the most rural parts of the US.The Commission is obligated to ensure that digitally redlined communities, tribal communities, rural communities, and low-income consumers have the resources necessary for equitable access to education, telehealth services, and economic opportunities. The proposal to cap the USF program is just another signal that the Commission’s current leadership has chosen to severely weaken the FCC’s long standing universal service mission.”

Wireless

Reps Kustoff, Timmons Introduce the Cellphone Jamming Reform Act of 2019

Rep David Kustoff (R-TN)  |  Press Release  |  US House of Representatives

Reps David Kustoff (R-TN) and William Timmons (R-SC) introduced the Cellphone Jamming Reform Act of 2019 (HR 1954). Sens Tom Cotton (R-AR) and Lindsey Graham (R-SC) introduced identical legislation on the Senate side. This bill will address the use of contraband cell phones in state and federal correctional facilities.  What this bill does:

  • Allows state and federal prisons to use jamming systems to interfere with cellphone signals within the housing facilities of the inmates.
  • Requires the state or federal facility that implements a jamming system to report such use to the Bureau of Prisons, which will have the ultimate authority over the system.
  • This bill is not a mandate, instead, it is an option for state and federal prisons to implement a jamming system that will protect inmates and the public at large.
  • Allows for the facilities to choose from a broad category of jamming technology, which includes managed access technology, surgical jamming technology, beacon technology, or any future technology that would curb the use of contraband cellphones, and does not prescribe the specific types of technology that must be used by the facilities.

Telecom

The FCC Has Fined Robocallers $208 Million. It’s Collected $6,790.

Sarah Krouse  |  Wall Street Journal

America’s telecommunications watchdogs have levied hefty financial penalties against illegal robocallers and demanded that bad actors repay millions to their victims. But years later, little money has been collected. Since 2015, the Federal Communications Commission has ordered violators of the Telephone Consumer Protection Act, a law governing telemarketing and robodialing, to pay $208.4 million. That sum includes so-called forfeiture orders in cases involving robocalling, Do Not Call Registry and telephone solicitation violations. So far, the government has collected $6,790 of that amount.  The total amount of money secured by the Federal Trade Commission through court judgments in cases involving civil penalties for robocalls or National Do Not Call Registry-related violations, plus the sum requested for consumer redress in fraud-related cases, is $1.5 billion since 2004. It has collected $121 million of that total, said Ian Barlow, coordinator of the agency’s Do Not Call program, or about 8%. An FCC spokesman said his agency lacks the authority to enforce the forfeiture orders it issues and has passed all unpaid penalties to the Justice Department, which has the power to collect the fines. Many of the spoofers and robocallers the agency tries to punish are individuals and small operations, he added, which means they are at times unable to pay the full penalties.

Advertising

Dept of Housing and Urban Development Charges Facebook with Housing Discrimination Over Targeted Ad Practices

The US Department of Housing and Urban Development (HUD) announced that it is charging Facebook with violating the Fair Housing Act by encouraging, enabling, and causing housing discrimination through the company’s advertising platform. The action follows HUD’s investigation of a Secretary-initiated complaint filed on Aug 13, 2018. HUD alleges that Facebook unlawfully discriminates based on race, color, national origin, religion, familial status, sex, and disability by restricting who can view housing-related ads on Facebook’s platforms and across the internet. Further, HUD claims Facebook mines extensive data about its users and then uses those data to determine which of its users view housing-related ads based, in part, on these protected characteristics. “Facebook is discriminating against people based upon who they are and where they live,” said HUD Secretary Ben Carson. “Using a computer to limit a person’s housing choices can be just as discriminatory as slamming a door in someone’s face.” HUD General Counsel Paul Compton added, “Just because a process to deliver advertising is opaque and complex doesn’t mean that it’s exempts Facebook and others from our scrutiny and the law of the land. Fashioning appropriate remedies and the rules of the road for today’s technology as it impacts housing are a priority for HUD.”

HUD is reviewing Twitter’s and Google’s ad practices as part of housing discrimination probe

Tracy Jan  |  Washington Post

The Department of Housing and Urban Development alerted Twitter and Google in 2018 that it is scrutinizing their practices for possible housing discrimination, a sign that more technology companies could be ensnared in a government probe of their lucrative demographic ad targeting tools. HUD on March 28 charged Facebook with housing discrimination, alleging its targeted advertising platform violates the Fair Housing Act by “encouraging, enabling, and causing” unlawful discrimination by restricting who can view housing ads. "They want to make sure that other companies aren’t getting away with something that one company is investigated for,” said someone with direct knowledge of HUD’s outreach to other tech companies.

Television

FCC Defends 2017 Broadcast Deregulation in Court

John Eggerton  |  Broadcasting&Cable

The Federal Communications Commission told the US Court of Appeals for the Third Circuit that it did gauge the impact of its 2017 broadcast deregulation on media ownership diversity and found it would have “no material impact.” That came in a brief to court which is hearing appeals by Prometheus and others of that media ownership deregulation, both from groups that say the FCC was too deregulatory and without properly vetting the impact on diversity, and from those that say it was not deregulatory enough because it only loosened its prohibition on owning two of the top-four stations in a market. The FCC’s deregulatory moves came as part of its congressionally mandated quadrennial review, which also had to be responsive to a Third Circuit remand of its previous review, part of a years-long legal challenge to media deregulation stretching back to the early 2000s. 

Stories From Abroad

Facebook tightens up rules for political advertisers

Alex Hern  |  Guadian, The, Facebook

Advertisers will be required to provide verifiable public contact details before they can run political campaigns on Facebook, in the latest attempt by the social network to increase accountability for so-called dark adverts. The move is part of a raft of changes in the buildup to the European elections in May, when citizens from across the European Union will vote in new Members of the European Parliament. Facebook’s political advertising restrictions will launch in the EU27 on March 29, following partial rollouts in six countries including the UK, US and India. The restrictions require advertisers on “political” topics – defined differently in each nation – to prove that they live in the country they are targeting, and to store all their adverts in a public database for seven years, along with information about targeting, spend and reach.

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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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