
Upcoming Events https://www.benton.org/events
Congressional Leaders Announce FCC Reauthorization and Spectrum Agreement
House Commerce Committee Chairman Greg Walden (R-OR), Ranking Member Frank Pallone, Jr. (D-NJ), Senate Commerce Committee Chairman John Thune (R-SD), and Ranking Member Bill Nelson (D-FL) announced a bipartisan, bicameral agreement on legislation reauthorizing the Federal Communications Commission and spurring the deployment of next-generation wireless services. The legislation, RAY BAUM’S Act (H.R. 4986), will be voted on in the House of Representatives on Tuesday, March 6, 2018. The legislation would:
- Reauthorize the FCC and include reforms to ensure the commission continues to improve its efficiency and transparency.
- Enact key provisions from the Senate-approved MOBILE NOW Act (S. 19) to boost the development of next-generation 5G wireless broadband by identifying more spectrum – both licensed and unlicensed – for private sector use and reducing the red tape associated with building wireless networks.
- Authorize a repack fund to address the shortfall in funding available to relocate broadcasters being displaced following the successful Incentive Auction, and set up new relocation funds for translators, low-power television, and radio stations that will be impacted by the repack – supplemented by a consumer education fund.
- Include a spectrum auction deposit “fix” which allows the FCC to deposit upfront payments from spectrum bidders directly with the U.S. Treasury.
- Direct the FCC to craft a national policy for unlicensed spectrum that includes certain specific considerations and recommendations.
- Advance proposals that would help the FCC and law enforcement protect consumers from fraudulent telephone calls, and to educate Americans about their options to stop these illegal calls.
The Quest for Digital Equity
Digital equity refers to whether people can access and effectively use the technology necessary to participate in modern society. Another phrase, “digital inclusion,” denotes efforts to remedy deficits in digital equity. Simply put, digital equity is what cities and states want, and digital inclusion is the work they and their partners are doing to create it. Advocates for digital equity, as well as many public servants within governmental tech and innovation departments, stress that this issue has grown into one that is vital for the success of our communities, and it will become even more important as technology continues to advance and services continue to migrate online. Overcoming major obstacles — such as having to travel to a public library to use it or lacking the skills to find resources and forms — positively impacts communities, leading to kids doing better in school, senior citizens having an easier time receiving health care, and adults being able to get and keep better jobs, said Angela Siefer, executive director of the National Digital Inclusion Alliance, a nonprofit group that advocates for digital equity.
Digital Inclusion Innovators Visit Policymakers
On February 27 and 28, in partnership with the Benton Foundation, three digital inclusion innovators, joined NDIA's Angela Siefer for a round of meetings in DC. Amina Fazlullah, NDIA’s Policy Advisor and a Mozilla Tech Policy Fellow, made arrangements for four visits to senate offices and two visits to FCC commissioner offices, in addition to a meeting with Mozilla Tech Policy Fellows and an update on potential infrastructure legislation from SHLB Coalition’s John Windhausen. Thanks to Susan Corbett, we also met with Senator Angus King (I-Maine). We discussed the misunderstanding that there is only one digital divide that needs to be bridged. Not only must we ensure high speed broadband infrastructure is available to every home but the broadband service must be affordable and we need to ensure access to appropriate devices, digital literacy training and tech support. As technology keeps training, additional digital divides will develop. Each of the practitioners explained the digital inclusion work of their organizations and how that work is impacted by current federal policies. We discussed the definition of digital inclusion, why local digital inclusion programs vary (lack of federal funding) and the necessity of trust in digital inclusion programs. Both Axiom and Connecting For Good explained how they would have been ideal candidates for the Lifeline Broadband Provider designation that the current FCC has removed and the barriers to participating as a Lifeline provider. An explanation of NDIA’s position on this issue is in our recent comments to the FCC.
Lifeline’s proposed reseller ban will likely harm low-income households
[Commentary] The Lifeline program is one of the Federal Communications Commission’s most important, most noble ventures. It is also one of the most problematic, suffering repeated criticism from the Government Accountability Office and others for waste, fraud, and abuse. In an effort to reform the program, the FCC has suggested limiting Lifeline participation to facilities-based telecommunications providers. But far from improving Lifeline, this proposal is likely to undermine the program and harm the vulnerable populations that the program seeks to serve. First, the reseller ban restricts choice and ignores the preferences of Lifeline consumers. More fundamentally, the reseller ban ignores the role that wireless substitution plays in low-income communities. I have long argued that Lifeline is a flawed program in need of fundamental reform. But these reforms should enhance the purchasing power of eligible households. A true market-based subsidy would allow these households, as much as possible, to participate like any other family in the marketplace for telecommunications services. The reseller ban instead limits Lifeline recipients’ options and relegates many to wired solutions when most Americans — including many low-income families — prefer the advantages of mobile connectivity. There are better ways to promote buildout and limit abuse without limiting the options of families that have few choices to begin with. [Daniel Lyons is also an associate professor at Boston College Law School]
Charter appeals court loss, still claims it can’t be punished for slow speeds
Charter Communications is appealing a court ruling that said the ISP must face a lawsuit alleging the company falsely promised fast Internet speeds that Charter knew it could not deliver. Charter claims that federal regulations, including the recent repeal of net neutrality rules, preempts the lawsuit filed by New York Attorney General Eric Schneiderman against Charter and its Time Warner Cable (TWC) subsidiary in February 2017. The New York Supreme Court rejected Charter's motion to dismiss the case on February 16, but Charter is appealing the decision in a state appellate court. (Despite its name, the New York Supreme Court is not the state's highest court.) Charter says the court "erred as a matter of law in denying Charter's motion to dismiss the complaint's allegations regarding actual broadband speeds, because those claims directly conflict with the FCC's regime for measuring and disclosing broadband speeds and are therefore preempted." Charter still disputes Schneiderman's allegations that TWC's claims of speeds "up to" a certain Mbps were misleading. The "up to" speed promises "are substantiated using the FCC's official methodology for defining and describing actual broadband speed and could not mislead a reasonable consumer," Charter wrote. In its appeal , Charter also claimed that the lawsuit's "allegations regarding TWC's subjective representations about its network" are just "non-actionable puffery."
Will the FCC’s net neutrality repeal grind the Internet to a halt?
[Commentary] Will consumers see a sharp drop in Internet speeds because of the repeal of net neutrality rules? We can’t help but feel that we’ve spilled a lot of pixels here analyzing something that simply hasn’t happened. Senate Democrats, industry leaders and net neutrality activists say the FCC’s move to toss out the Obama-era rules will bog down and end the Internet as we know it. The biggest broadband providers forcefully reject this claim, saying they have no plans to block or throttle content or offer paid prioritization. That could change in time. As the D.C. Circuit said, broadband companies could make more money from paid prioritization, and it’s “common sense” to think they might try it. These providers have the ability and the incentive to slow down or speed up Internet traffic, and they’ve engaged in these practices in the past. For now, though, there’s scant evidence that Internet users should brace for a slowdown. Yet the Democrats’ tweet conveys the false impression that a slowdown is imminent unless net neutrality rules are restored. This transmission error merits Three Pinocchios, but we will monitor the situation and update our ruling depending on whether the fears were overstated or came true.
FCC says small cells will close the digital divide. Most say they won't
Many local officials, engineers and wireless consultants contend that changes Federal Communications Commission Chairman Ajit Pai advocates to limit local regulation of small-cell permitting, design, fees and other charges used to access cities’ public rights of way won’t do anything to close the digital divide. What they will do, these critics charge, is increase profits for the wireless industry, which wants to cash in on a 5G market that is estimated to grow to $250 billion in annual service revenue in seven years. At the center for the debate: rules the FCC is considering that would reduce the time cities and counties have to review applications for small cells. The FCC is also giving thought to limiting local requirements on designs and capping how much localities can charge wireless carriers for use of public property, all discussed in two FCC dockets approved last year. Wireless companies argue local governments take too long to approve the cells and charge too much to use rights of way.
5G wireless pits cities against telecoms and their friends in the FCC
Many people are worked up over so-called small cells, the next generation of wireless technology that telecommunications firms and cell-tower builders want to place on streetlights and utility poles throughout neighborhoods nationwide. The small cells come with a host of equipment, including antennas, power supplies, electric meters, switches, cabling and boxes often strapped to the sides of poles. Some may have refrigerator-sized containers on the ground. And they will be placed about every 500 or so feet along residential streets and throughout business districts. Telecom companies say the cells will be both unobtrusive and safe, and insist the technology is needed to bring faster internet speeds required by a more connected world. But residents like King and some wireless experts say the cells could reduce property values, pose safety risks and forever sully the appearance of cities — if not properly regulated. From Germantown to Lincoln, Nebraska, from Charlotte, North Carolina, to Seattle, small cells are poised to spring up like mushrooms, with estimates ranging from a few hundred thousand to a few million more nationwide within seven years. Thousands are being erected right now. Cities and counties figured they could put proposals for small cells through the usual zoning, permitting and citizen input processes that other cell towers and most brick-and-mortar proposals go through. But they may be mistaken. Politically-connected telecommunications giants say that sort of local regulation isn’t appropriate for these sleeker, smaller cells, and they want to cut local governments’ say in the process. They contend they have the law on their side, but perhaps more important, they’ve got powerful friends in state capitols — and in the corridors of power in Washington. Friends like the Federal Communications Commission, which is considering rules that would drastically limit local governments’ regulations for the placement and appearance of the small cells, and how much they can charge for them.
Sinclair deal to sell WGN to chairman's business partner gives broadcaster control
Sinclair Broadcast Group is selling WGN-TV (Chicago) to a Maryland auto dealer but would remain in control of the station in what critics say is a bid to skirt ownership limits and win federal regulatory approval for its proposed $3.9 billion acquisition of Tribune Media. That means “Terrorism Alert Desk” and other programming staples of politically conservative Sinclair may yet be headed to Chicago’s airwaves. Under the terms of the $60 million station sale, filed with the Federal Communications Commission, Sinclair would provide everything from programming to advertising sales to the buyer, essentially running WGN-Ch. 9 through a services agreement. The licensee of WGN would be a newly formed company headed by Steven Fader, a longtime business associate of Sinclair Executive Chairman David Smith. Sinclair will have an option to buy back the station for the same price, subject to adjustments, within eight years. The services agreement puts Sinclair in charge of advertising sales and gives it the right to provide local news and other programming to WGN. Sinclair would keep 30 percent of all ad sales and receive a $5.4 million monthly service fee for operating the station during the first year, with annual increases and performance bonuses.
The future of political warfare: Russia, the West, and the coming age of global digital competition
The Kremlin’s political warfare against democratic countries has evolved from overt to covert influence activities. But while Russia has pioneered the toolkit of asymmetric measures for the 21st century, including cyberattacks and disinformation campaigns, these tools are already yesterday’s game. Technological advances in artificial intelligence (AI), automation, and machine learning, combined with the growing availability of big data, have set the stage for a new era of sophisticated, inexpensive, and highly impactful political warfare. In the very near term, it will become more difficult, if not impossible, to distinguish between real and falsified audio, video, or online personalities. Malicious actors will use these technologies to target Western societies more rapidly and efficiently. As authoritarian states such as Russia and China invest resources in new technologies, the global competition for the next great leap in political warfare will intensify. As the battle for the future shifts to the digital domain, policymakers will face increasingly complex threats against democracies. The window to mount an effective “whole-of- society” response to emerging asymmetric threats is quickly narrowing. This paper outlines the current state of play in political warfare, identifies emerging threats, and proposes potential policy responses. It argues for greater information sharing mechanisms between trans-Atlantic governments and the private sector, greater information security and transparency, and greater investments in research and development on AI and computational propaganda. As authoritarian regimes seek to undermine democratic institutions, Western societies must harness their current— though fleeting—competitive advantage in technology to prepare for the next great leap forward in political warfare. Western governments should also develop a deterrence strategy against political warfare with clearly defined consequences for specific offensive actions, while ensuring they retain their democracies’ core values of openness and freedom of expression.
China Presses Its Internet Censorship Efforts Across the Globe
Within its digital borders, China has long censored what its people read and say online. Now, it is increasingly going beyond its own online realms to police what people and companies are saying about it all over the world. For years, China has exerted digital control with a system of internet filters known as the Great Firewall, which allows authorities to limit what people see online. To broaden its censorship efforts, Beijing is venturing outside the Great Firewall and paying more attention to what its citizens are saying on non-Chinese apps and services. As part of that shift, Beijing has at times pressured foreign companies like Google and Facebook, which are both blocked in China, to take down certain content. At other times, it has bypassed foreign companies entirely and instead directly pushed users of global social media to encourage self-censorship. This effort is accelerating as President Xi Jinping consolidates his power.
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.
(c)Benton Foundation 2018. Redistribution of this email publication -- both internally and externally -- is encouraged if it includes this message. For subscribe/unsubscribe info email: headlines AT benton DOT org
Benton experts make knowledge and analysis accessible to include more people in communications policymaking.
Kevin Taglang
Executive Editor, Communications-related Headlines
Benton Foundation
727 Chicago Avenue
Evanston, IL 60202
847-328-3049
headlines AT benton DOT org