Tuesday, April 9, 2019
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House to Debate Save the Internet Act Today
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Net Neutrality

The Save the Internet Act (HR 1644) would require the Federal Communications Commission to return to the regulatory framework for Internet service providers (ISPs) that was in effect as of Jan 19, 2017. Restoring the 2015 regulatory framework could increase oversight and enforcement actions by the FCC and could reduce enforcement and oversight by the Federal Trade Commission and Department of Justice. Spending on such increased FCC activities would be subject to the availability of appropriated funds. Because the FCC is authorized under current law to collect fees sufficient to offset the costs of its regulatory activities each year, CBO estimates that the net cost to the FCC to implement HR 1644 would be negligible, assuming appropriation actions consistent with that authority. CBO estimates that any reductions in spending by the FTC and DOJ would not be significant.
HR 1644 would preempt state laws governing broadband service providers that are inconsistent with FCC 15-24. Such preemption would be an intergovernmental mandate as defined in the Unfunded Mandates Reform Act (UMRA). Although it would limit the application of state law, CBO estimates that the preemption would result in no additional spending or loss of revenues. The bill also would prohibit broadband service providers from participating in blocking, throttling, and paid prioritization of content providers. That prohibition would be a private-sector mandate as defined by UMRA; the cost of the mandate would be revenues lost by service providers because of the prohibition. As a result of consultations with service providers and an assessment of the current use of paid prioritization, CBO estimates that the mandate would not exceed the threshold established in UMRA ($164 million in 2019, adjusted annually for inflation).

The Administration strongly opposes House passage of the Save the Internet Act (HR 1644). Since the [Restoring Internet Freedom] rule was adopted in 2018, consumers have benefited from a greater than 35 percent increase in average, fixed broadband download speeds, and the United States rose to sixth, from thirteenth, in the world for those speeds. In 2018, fiber was also made available to more new homes than in any previous year, and capital investment by the Nation’s top six Internet service providers increased by $2.3 billion.
HR 1644 would undermine this success by repealing the Federal Communications Commission’s current rule to: (1) restore the classification of broadband as an information service and end the public-utility-style regulation of the internet; and (2) promote transparency by requiring broadband providers to disclose their network management practices and commercial terms, including any blocking, throttling, paid prioritization, or affiliate prioritization. HR 1644 would instead return to the heavy-handed regulatory approach of the previous administration and undo the FCC’s action that restored theFederal Trade Commission’s authority to investigate and take enforcement action against unfair, deceptive, or anti-competitive acts or practices committed by broadband providers. HR 1644 would also prevent the Commission from adopting rules similar to the current regulations, tying the hands of the Commission in the future and preventing the agency from evolving its rules to adapt to emerging technologies.
If HR 1644 were presented to the President, his advisors would recommend that he veto it.

While Republicans support free and open Internet and have offered three bills to start a conversation on the best approach to codifying protections for consumers, H.R. 1644—The Save the Internet Act—is more about scoring political points than protecting consumers from ISP blocking and throttling. H.R. 1644 would restore the heavy-handed, government control of the Internet that depressed investment in broadband networks for two years. There is no need for the federal government to seize control over the Internet with excessive regulations—this could slow down economic growth and stifle innovation. All over the country in districts like ours, many Americans still lack access to broadband. There is no doubt that a legislative solution to net neutrality should protect consumers from the anticompetitive conduct wherever they are online—including from ISPs—but we cannot leave rural America further behind in the process.

The House will vote on H.R. 1644 (Save the Internet Act of 2019), introduced by Rep. Mike Doyle (D-PA), which would reinstate the net neutrality protections of the Federal Communications Commission’s 2015 Open Internet Order. H.R. 1096 (Promoting Internet Freedom and Innovation Act of 2019), a competing measure introduced by Rep. Cathy McMorris Rodgers (R-WA), purports to restore the Open Internet Order’s rules against blocking, throttling and paid prioritization, as well as the transparency rule. Both bills have been touted as means to restore comprehensive net neutrality protections for all Americans. A comparison of the bills’ protections shows that only H.R. 1644 would achieve that goal. H.R. 1644 restores all of the 2015 net neutrality rules, as well as the important protections and clarifications that were codified in the text of the 2015 Open Internet Order which explained the rules and closed known loopholes. H.R. 1096 does not include all of the 2015 net neutrality rules or any of the protections included in the text of the 2015 Open Internet Order. As a result, H.R. 1096 creates significant loopholes and drastically reduces the level of protection compared to the FCC’s 2015 net neutrality protections that the bill is designed to replace. That leaves Americans unprotected against known net neutrality violations.
Chairman Pai’s Response to Sens Markey, Wyden, and Blumenthal Regarding Practices of Wireless Internet Service Providers

On Feb 6, Sens Ed Markey (D-MA), Ron Wyden (D-OR), and Richard Blumenthal (D-CT) sent a letter to Federal Communications Commission Chairman Ajit Pai requesting the FCC "investigate allegations that the four major U.S. mobile carriers are throttling and prioritizing internet traffic without disclosing these practices to their customers, a potential violation of the FCC's transparency rules." On March 29, Chairman Pai responded by saying, "The thrust of your concern appears to be the free-data programs that certain wireless providers offer—often with respect to smartphone-quality video services—that have been available since T-Mobile launched its Binge On service in 2015, as specifically noted in the article you reference. As you know, the Commission has never found such services to violate net neutrality rules, even when the previous Administration treated ISPs like public utilities. Nonetheless, I have asked my staff to forward your request to the Federal Trade Commission, which has long policed the Internet economy for potentially deceptive and unfair practices and has the responsibility for doing so today."

Rural Kansas residents are angered by bad cellphone connection in Conway Springs (KS) due to only one service provider working in the area. "It's kind of a monopoly as far as the cellphone service goes," said Clay Murphy, superintendent of Conway Springs schools. A map released by Gov Laura Kelly (D-KS) showed the broadband connection throughout the state of Kansas. In rural Kansas areas it was the lowest, including Conway Springs. "Even the one's that have the carrier depending on where you're at in town or on the edge of town, you can't get service," Murphy said. According to Murphy, since no other service provider's connection works in there town, it makes it hard for the residents to have any selection. "Individuals, as far as finding carriers and finding the right deals and affordability, it gets tough," he said. Gov Kelly has asked for the public's input on the matter. The public can go to connectednation.org/kansas/feedback to let their thoughts be heard.

The 2018 farm bill became the law of the land in December. What’s in the farm bill for the millions of rural Americans who are not involved in agriculture? The first answer is: Lots! The new law updates some of the key statutes governing the activities of USDA Rural Development and makes grants, loans, and loan guarantees available to towns, businesses, and non-profits in rural areas across the country. These programs are intended to provide rural people and places with affordable financing options for everything from water and wastewater systems, broadband, electricity, renewable energy, housing, hospitals, and business development. But the second answer to the question is the farm bill doesn’t do nearly enough: Our current rural policy framework is outdated and insufficient – because it is out of step with modern rural realities. What happens over the next four years will determine the starting point when Congress begins work on the 2023 farm bill. Here are three ideas to get the wheels churning:
- Go to the source. Seek input from rural practitioners of all stripes from across the country to learn more about the innovations already underway in rural America.
- Do economic development differently. Over-reliance on standard approaches to economic development, like large business recruitment, generally don’t do right by rural America.
- Study abroad. To design smart rural policy here at home, consider what we can learn about what works in other countries.
[Ferguson is Associate Director of the Aspen Institute Community Strategies Group and Director of CSG’s Regional and Rural Development Initiatives]

A consortium led by USTelecom, ITTA, the Wireless Internet Service Providers Association (WISPA), and a group of broadband companies have created a new initiative to improve the quality of broadband mapping. The Broadband Mapping Initiative will start with a pilot program in MO and one in my home state of VA. The pilot will aggregate all locations in MO and VA, identify their geolocation, and create a Broadband Serviceable Location Fabric to identify locations that require access to broadband. These pilot projects will result in the most sophisticated and detailed maps of broadband availability for those states. The consortium plans to use tools spawned by the digital revolution, including mapping databases and crowdsourcing platforms, that when combined with existing provider service address information will tell us who has broadband and who does not. It’s hoped that the pilot programs will prove the concept, allowing the Federal Communications Commission and other government agencies to replicate the Broadband Mapping Initiative pilot nationwide.
[Rick Boucher was a member of the US House of Representatives for 28 years and chaired the House Communications Subcommittee. He is honorary chairman of the Internet Innovation Alliance (IIA) and a partner in the Washington, D.C., office of the law firm Sidley Austin.]
Education
Improving the Administration of E-Rate: Ensuring All Schoolchildren Get the High-Speed Broadband Connections They Need

A white paper written by Jonathan Sallet on behalf of Benton Foundation & EducationSuperHighway offering tangible steps that the Federal Communications Commission should take to instruct the Universal Service Administrative Company on how best to speed the approval of E-Rate projects that meet the legal requirements of the Telecommunications Act. The issues may seem arcane, bureaucratic, and/or legalistic. But they are important for two interlocking reasons.
First, of course, the goal of bringing broadband to schools and libraries remains absolutely critical. To be unconnected from broadband is more and more of a disadvantage in America today. And, if anything, the importance of broadband connections to public institutions is only becoming more critical. Today’s students need broadband where they learn, not only where they go to school (a phenomenon rightly termed by Commissioner Rosenworcel as the “homework gap”). And, as trusted guides, libraries are increasingly important as institutions where digital inequality can be combatted.
Second, competition is a critical component of America’s broadband future. One of the issues discussed in this white paper is the importance of recognizing the competitive bidding process schools and libraries undertake so they can receive the benefits of the best broadband facilities at the most cost-effective terms. Sometimes that process will result in new fiber construction rather than merely subscribing to an existing service but, of course, that is a fundamental promise of competition – to introduce new and better ways of doing things.
[Jonathan Sallet is a Benton Senior Fellow]

With enormous progress being made by the Federal Communications Commission’s 2014 E-Rate modernization, it became clear that some schools were nonetheless being left behind. As a result, Benton commissioned Improving the Administration of E-Rate: Ensuring All Schoolchildren Get the High-Speed Broadband Connections They Need to help the FCC make good on the 2014 reforms -- and ensure that every student, regardless of income or geography, had access to the same digital learning opportunities. I want to especially thank EducationSuperHighway for their partnership in this effort.
Over the past months, Benton been discussing the future of broadband with a broad range of community leaders from around the nation. We’ve learned about game-changing strategies to improve libraries , including with the help of the E-Rate program. We’ve heard about new ways to reach schools, libraries, and other anchor institutions in a county along the California-Mexico border. Building off these and other insights, in the fall of 2019, Benton will be releasing a compressive and forward-looking new report, A Vision for the 2020s: Access to Broadband in the Next Decade, to offer an agenda for broadband access and availability over the next ten years. The more we talk to state and local leaders, the more we realize that community leadership is a cornerstone to any public-policy agenda. Recognition of the importance of that kind of leadership is critical to the successful administration of the E-Rate program, as it will be critical to meeting the new broadband challenges of the 2020’s.
[Adrianne B. Furniss is the Executive Director of the Benton Foundation]

On March 7, Sens Ed Markey (D-MA) and Dan Sullivan (R-AK) wrote to Federal Communications Commission Chairman Ajit Pai to express concern about the transition by the Universal Service Administrative Co. (USAC) to a new vendor for reviewing E-Rate applications. On March 28, Chairman Pai responded by saying "USAC recently migrated to a new Business Process Outsourcing vendor to perform certain administrative functions for the E-Rate program. To minimize disruption to schools and libraries and help ensure a smooth transition, the FCC's Wireline Competition Bureau and Office of the Managing Director staff have exercised close oversight of USAC' s transition activities, including regular meetings with USAC staff to discuss and monitor the steps taken on operations, information technology, staffing, and stakeholder outreach. FCC staff continues to closely monitor progress as USAC begins to process Funding Year 2019 applications. And I have directed staff and USAC to exceed [2018]'s 95% target for processing E-Rate applications by September 1 of [2019]."

On Oct 3, 2018, the Federal Emergency Management Agency, in coordination with the Federal Communications Commission and the National Weather Service, conducted a nationwide test of both Wireless Emergency Alerts (WEA) and the Emergency Alert System (EAS). The nationwide test demonstrated that WEA is an effective alerting tool to rapidly disseminate emergency information to the public. Based on survey data shared with the Commission, most people reported successful receipt of the WEA test message, with several news reports noting the success of the nationwide test to reach the public. The test also highlighted areas where WEA delivery can be improved, such as ensuring more consistent delivery, reducing duplicate messages, and resolving issues concerning alert message audio tone and vibration cadence.

After April 15, inmates at the Adult Detention Center in Lowndes County (MS) will no longer be allowed to visit with family members face to face. Newton County (MO) implemented an in-person visitor ban in March. The Allen County Jail in IN phased out in-person visits earlier in 2019. All three changes are part of a nationwide trend toward "video visitation" services. Instead of seeing their loved ones face to face, inmates are increasingly limited to talking to them through video terminals. These services are ludicrously expensive. Video calls cost 40¢ per minute in Newton County, 50¢ per minute in Lowndes County, and $10 per call in Allen County. Outside of prison, of course, video calls on Skype or FaceTime are free.

Any search engine can quickly reveal your phone number, address and family information with a surprising level of detail. This information, combined with social media posts, can be used by anyone to intimidate, harass, or stalk high-visibility people like politicians, business leaders, celebrities and journalists. However, going through smart opt-out processes can reduce your online footprint, making it more difficult for malicious actors to target you. Here’s how: Go to one of the lists of people aggregator sites, like the one provided by IntelTechniques, and go through the opt-out steps. Don't provide any additional, optional, or new information like a driver's license or phone number, and consider making a burner email just to receive opt-out confirmations. Opting out of all of them is harder than unsubscribing from an email. So aim for reducing the amount of information available, rather than attempting to go completely off the grid.
The digital economy accounted for 6.9 percent of the US gross domestic product, or $1.35 trillion, in 2017, according to a new batch of statistics released by the Bureau of Economic Analysis. How does that compare with traditional US industries? The digital economy ranked just below professional, scientific, and technical services, which accounted for 7.4 percent of GDP, and just above wholesale trade, with a 6.0 percent share. New BEA data also show that:
- The digital economy supported 5.1 million jobs in 2017, which accounted for 3.3 percent of total US employment of 152.1 million jobs. The digital economy’s share of total employment is about same as the transportation and warehousing industry’s share.
- Employees working in the digital economy earned $132,223 in average annual compensation in 2017, compared to $68,506 per worker for the total US economy.
Policymakers
Ernest Hollings, a South Carolina Senator Who Pushed for Broadcast Cable Regulation, Dies at 97

Ernest F. Hollings, known as Fritz, a silver-haired South Carolina Democrat who served 38 years in the US Senate, died on April 6 at age 97. Hollings, who retired in 2004, had successfully pushed for broadcast cable regulation. When he retired, on the list of accomplishments his office wanted everyone to remember was that he had "Reined in the cable TV monopolies, as the driving force in the early 1990s for the Cable and Consumer Protections Act." Hollings had argued that "persistent service and rate abuses by TV cable companies around the country " prompted him to "to lead the charge," as his office put it at the time, "in giving the Federal Communications Commission authority to regulate basic cable TV rates and set minimum service standards." Hollings was also a driving force behind the Children's TV Act (along with Sen Ed Markey (D-MA) that required broadcasters to air minimum amounts of educational and informational children's programming. Former FCC Chairman Michael Copps tweeted on April 6, "Sen. Fritz Hollings, my boss for 15 years and friend of almost 50, passed away this morning. He was South Carolina’s statesman of the 20th century. The first and last of “New South” Democrats, he revered public service and led his people through education, honesty, and candor."

Federal Communications Commissioner Jessica Rosenworcel is nearly two years into her second stint as a Democratic member of the FCC. Her first five-year term was during the Obama administration before she left the agency briefly when her confirmation for a new term was held up amid Senate bickering. Prior to being confirmed in 2012, Rosenworcel was a policy counsel at the Senate Commerce Committee, first under the late Sen. Daniel Inouye (D-Hawaii) then former Sen. John Rockefeller (D-WV). Prior to that, she got her start as a staffer for the FCC in 1999. Since the Trump administration began and Rosenworcel’s Republican colleague Ajit Pai took over as chairman, many of the achievements of the prior FCC have been rolled back and its authority has been worn away by an ambitious deregulatory agenda.
As a member of the minority on the current commission, Commissioner Rosenworcel is limited in the ways she can fight back. Still, she says she thinks it’s important to speak out constantly about where she thinks the agency is falling short. “It’s not easy being in the minority,” said Michael Copps, who served as a Democratic commissioner from 2001 to 2011 and is Rosenworcel’s former boss. “She has shown some inventive and creative ways to get the word out. I think her voice is being heard even though she is in the minority. I think you folks in the media go to her because you know she knows what she’s talking about.”
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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