Daily Digest 5/16/2019 (Alice Rivlin)

Benton Foundation
Table of Contents

Broadband

House Commerce Committee Democrats Propose $40 Billion for Broadband Buildout In Newest Version of Infrastructure Bill  |  Read below  |  Press Release  |  House Commerce Committee
The FCC Must Abandon Its Plan to Disconnect Low-Income Families  |  Read below  |  Dana Floberg, Carmen Scurato, Erin Shields  |  Op-Ed  |  Morning Consult
Native American Tribes Across the Country Are Pushing for Better Internet Access  |  Read below  |  Felicia Fonseca  |  Associated Press
2019 Promising Year for Rural Broadband in Missouri  |  Read below  |  Dan Claxton  |  KRCG
Gov. Asa Hutchinson sets '22 goal for broadband in Arkansas  |  Arkansas Democrat Gazette
BrightRidge Creating 10 Gig Connectivity in Tennessee Communities  |  Read below  |  Lisa Gonzalez  |  Institute for Local Self-Reliance
Electric Co-ops Part of Solution to Expand Rural Broadband  |  National Rural Electric Cooperatives Association

Wireless

Utilities Warn FCC About Impact of 6 GHz Wi-Fi Effort  |  Read below  |  John Eggerton  |  Multichannel News
Rep Matsui working on WIN 5G Act, aimed at freeing up C-band spectrum for wireless broadband  |  Broadcasting&Cable

Security

President Trump signs order to protect US networks from foreign espionage, a move that appears to target China  |  Read below  |  Ellen Nakashima, Josh Dawsey  |  Washington Post, White House
Firms That Promised High-Tech Ransomware Solutions Almost Always Just Pay the Hackers  |  ProPublica

Emergency Communications

Tribal Leaders Voice Broadband Needs for FirstNet Authority Roadmap at Tribal Working Group meeting  |  First Responder Network Authority

Television

Remarks of FCC General Counsel Thomas Johnson at the Media Institute  |  Read below  |  Thomas Johnson  |  Speech  |  Federal Communications Commission

Platforms

The legal fate of Apple, Facebook, and Google depends on judges and regulators  |  Read below  |  Scott Rosenberg  |  Axios
Facebook restricts livestreaming in response to New Zealand attacks  |  Facebook
White House will not sign on to Christchurch call to stamp out online extremism amid free speech concerns  |  Read below  |  Tony Romm, Drew Harwell  |  Washington Post
White House escalates war against Facebook, Google and Twitter with a campaign asking users to share stories of censorship  |  Read below  |  Tony Romm  |  Washington Post
  • The Trump administration made a web survey. We have questions  |  Guardian, The
  • Public Knowledge Criticizes White House Effort to Control Online Speech  |  Public Knowledge
  • Casey Newton: Trump’s social media bias reporting project is a data collection tool in disguise  |  Vox
Presidential Candidate Mayor Pete Buttigieg: Political leaders need 'some kind of literacy' to regulate tech giants  |  Hill, The

Telecom

Chairman Pai Proposes Robocall Blocking by Default  |  Read below  |  Press Release  |  Federal Communications Commission
Chairman Pai’s robocall plan lets carriers charge for new call-blocking tools  |  Ars Technica
FTC Disconnects Pointbreak Media Robocall Scheme Defendants  |  Federal Trade Commission

FCC Oversight

House Communications Subcommittee FCC Oversight Hearing  |  Read below  |  Robbie McBeath  |  Benton Foundation

Stories from Abroad

The 2019 Ranking Digital Rights Corporate Accountability Index  |  Read below  |  Research  |  Ranking Digital Rights
Report on the Implementation of the Regulation on Open Internet Access  |  Read below  |  Research  |  European Commission
Huawei will commit to ‘no-spy agreements’ to win government contracts, chairman says amid US pressure on allies over 5G fears  |  South China Morning Post
Wikipedia blocked in China in all languages  |  BBC News
When Google Serves Ads in Iran, Advertisers Pay the Price  |  Wired
Today's Top Stories

Broadband

House Commerce Committee Democrats Propose $40 Billion for Broadband Buildout In Newest Version of Infrastructure Bill

Press Release  |  House Commerce Committee

House Commerce Committee Chairman Frank Pallone (D-NJ) and all 31 Democratic members of the committee introduced the the Leading Infrastructure For Tomorrow’s (LIFT) America Act, a comprehensive infrastructure package aimed at combating the climate crisis, expanding broadband internet access and protecting public health. (See section-by-section summary.) Broadband investments include:

  • $40 billion for the deployment of secure and resilient high-speed broadband internet service to expand access for communities nationwide and bring broadband to 98 percent of the country.
  • $12 billion in grants for the implementation of Next Generation 9-1-1 services to make 9-1-1 service more accessible, effective, and resilient, and enable Americans to send text messages, images, or videos to 9-1-1 in times of emergency.
  • $5 billion in federal funding for low-interest financing of broadband infrastructure deployment through a new program that would allow eligible entities to apply for secured loans, lines of credit, or loan guarantees to finance broadband infrastructure build out projects.

The legislation would also authorize the Next Generation 9-1-1 Implementation Coordination Office to provide $12 billion in grants over five years for the implementation of Next Generation 9-1-1 services. Next Generation 9-1-1 service would make 9-1-1 service more resilient and allow callers to send text messages, images, or videos to 9-1-1 to help first responders better assess the nature of emergencies and protect callers when they can’t speak to 9-1-1 dispatchers.

The legislation provides $850 million over five years to spur the development of Smart Communities infrastructure through technical assistance, grants, and training. The bill would authorizes the Department of Energy’s proposed Cities, Counties, and Communities energy program to provide technical assistance and competitive grants for clean energy solutions in development and redevelopment efforts. It also funds technical assistance to be provided by the national labs to cities and towns looking to deploy smart community infrastructure. The legislation would expand the Department of Commerce smart cities demonstration project to include small and medium cities and towns.

The Commerce Committee announced a hearing on the LIFT America Act scheduled for May 22.

The FCC Must Abandon Its Plan to Disconnect Low-Income Families

Dana Floberg, Carmen Scurato, Erin Shields  |  Op-Ed  |  Morning Consult

The Federal Communications Commission has proposed a package of fatally flawed plans that would fundamentally undercut Lifeline. May 15's FCC oversight hearing is an opportunity for Congress to hold the agency accountable for its disastrous proposals. 

Lifeline began during the Reagan administration to promote universal telephone service, and was expanded under President George W. Bush to support mobile phones. In 2016, Lifeline was modernized to include subsidies for broadband. Today, the program provides $9.25 a month for low-income households struggling to afford service. At the end of 2017, the FCC issued a series of bad proposals designed to shrink the program — a thousand tiny cuts that cumulatively would leave millions of Americans stranded on the wrong side of the digital divide.

One of the proposals would ban wireless resellers from participating in Lifeline. Resellers, who serve a whopping 70 percent of Lifeline recipients, buy capacity wholesale from major telecommunications companies like AT&T or Sprint and then resell it to customers — typically at lower prices than the big brands offer, and without burdensome conditions like racially discriminatory credit checks. As major wireless carriers have largely abandoned Lifeline, banning resellers threatens to disconnect millions who have few alternatives for affordable service. The FCC also proposed a “self-enforcing” budget cap for Lifeline, which would artificially cap a program that has only a 30 percent participation rate. The cap would also prioritize money for rural populations over urban ones, pitting disconnected communities against each other.

Virtually no one supports these changes – not Lifeline subscribers, not resellers, not even big industry players like Verizon and trade group USTelecom. The FCC must terminate the proceeding and abandon any future its plans to gut the program. The FCC should remember its core purpose: to connect people so that our country’s most vulnerable aren’t left behind.

[Dana Floberg is the policy manager at Free Press, Carmen Scurato is the senior policy counsel at Free Press, and Erin Shields is a national field organizer for internet rights for the Center for Media Justice.]

Native American Tribes Across the Country Are Pushing for Better Internet Access

Felicia Fonseca  |  Associated Press

The internet on the Havasupai reservation (AZ) has been a mixed bag. Tribal employees could sign on to their email and do internet searches but not much else. The tribe began working with a company called MuralNet in 2017 to get teachers and students better access. They successfully sought temporary authority from the Federal Communications Commission to use the Educational Broadband Services (EBS) spectrum that wasn’t being used. “We’re really putting our chips on EBS,” said Mariel Triggs, chief executive of MuralNet. “It works in extreme cases. It’s cheap; it’s reliable.” The tribe won’t know whether it can make other plans for the spectrum, like using telemedicine, transmitting medical records electronically or starting an online high school, until the FCC decides whether to grant the tribe’s application for a permanent license.

The FCC has not issued any new permanent licenses for the EBS spectrum in more than 20 years. It asked the public a year ago to weigh in on possible changes to the licensing system to better define geographic areas, build in flexibility, create priorities for tribes and educational institutions, and possibly auction off the 2.5 GHz-band spectrum. It’s not clear when the FCC will act. Tribes in OK, WI, WA, ID, and others in AZ also are pressing the FCC for a priority filing window.

2019 Promising Year for Rural Broadband in Missouri

Dan Claxton  |  KRCG

Access to rural broadband internet should become easier in 2019 with the passage of a Missouri law and the awarding of federal grants from the Federal Communication Commission. The budget that passed the MO legislature recently included $5 million toward the new Rural Broadband Development Fund, and the FCC has recently announced more than $25 million in federal grants from the Connect America Fund (CAF).

BrightRidge Creating 10 Gig Connectivity in Tennessee Communities

Lisa Gonzalez  |  Institute for Local Self-Reliance

About ten years ago, we first reported on Johnson City (TN). At that time, the community was in the process of installing fiber to improve reliability for their public electric utility. The Johnson City Power Board (JCPB) discussed the possibility of offering broadband via the new infrastructure, but they weren’t quite ready to move forward. Now JCPB has renamed itself BrightRidge and has not only started connecting local subscribers with fiber optic connectivity, but is offering 10 gig symmetrical service.

Wireless

Utilities Warn FCC About Impact of 6 GHz Wi-Fi Effort

John Eggerton  |  Multichannel News

The American Public Power Association, American Water Works Association, Edison Electric Institute, National Rural Electric Cooperatives Association, and the Utilities Technology Council -- which together represent almost all of the nation's utilities, water, and wastewater facilities -- wrote to Federal Communications Commission Chairman Ajit Pai, warning him about the FCC moving too quickly to open up 6 GHz midband spectrum currently used by those utilities. The utilities say they need the spectrum for their mission-critical communications and that the FCC's proposal to open it up for unlicensed Wi-Fi use is an untested and unproven approach that the FCC is pursuing. The utilities' communications networks are "used for critical situational awareness, underpin safety functions, and enable crews to safely repair and restore services after storms," as well as "the greater deployment of distributed energy resources such as solar or battery storage, smart meters, and other technologies to enable grid modernization." "While our collective members fully understand and appreciate the need to make more efficient use of spectrum," they wrote, "We strongly encourage the Commission to weigh the advantages of expanding access to the 6 GHz band with the potential negative impact this could have on critical infrastructure networks."

Security

President Trump signs order to protect US networks from foreign espionage, a move that appears to target China

Ellen Nakashima, Josh Dawsey  |  Washington Post, White House

Amid a deepening trade war with China, President Donald Trump declared a “national emergency” to protect US communications networks in a move that gives the federal government broad powers to bar American companies from doing business with certain foreign suppliers — including the Chinese firm Huawei. President Trump declared the emergency in the form of an executive order that says foreign adversaries are exploiting vulnerabilities in US telecommunications technology and services. It points to economic and industrial espionage as areas of particular concern. “The President has made it clear that this Administration will do what it takes to keep America safe and prosperous, and to protect America from foreign adversaries who are actively and increasingly creating and exploiting vulnerabilities in information and communications technology infrastructure and services in the United States,” said White House press secretary Sarah Sanders.  The order authorizes the commerce secretary to block transactions involving communications technologies built by companies controlled by a foreign adversary that put US security at “unacceptable” risk — or pose a threat of espionage or sabotage to networks that underpin the day-to-day running of vital public services.

Chairman Pai Statement on Executive Order to Protect Communications Networks

FCC Chairman Ajit Pai  |  Press Release  |  Federal Communications Commission

Federal Communications Commission Chairman Ajit Pai issued the following statement regarding the President’s Executive Order to protect our nation’s communications networks and the security of the communications supply chain: “Protecting America’s communications networks is vital to our national, economic, and personal security. I therefore applaud the President for issuing this Executive Order to safeguard the communications supply chain. Given the threats presented by certain foreign companies’ equipment and services, this is a significant step toward securing America’s
networks. When it comes to our national security, we cannot afford to make risky choices and just hope for the best. We must have a clear-eyed view of the threats that we face and be prepared to do what is necessary to counter those threats. Today’s Executive Order does just that.” 

Television

Remarks of FCC General Counsel Thomas Johnson at the Media Institute

Thomas Johnson  |  Speech  |  Federal Communications Commission

My topic for this afternoon: How difficult it is for regulators to predict how technology will develop and transform markets, and why that difficulty demands humility from our regulators. This is a particularly important lesson for the Federal Communications Commission, which stands at a unique crossroads between technology and innovation. Regulators are not good futurists.  And what predictive powers regulators have are weakening as technological progress quickens and becomes even less predictable.

I am pleased to make an announcement: Today, the Chairman’s Office has circulated a draft Report and Order as part of the Commission’s Modernization of Media Regulation Initiative, which updates the FCC’s leased access rules. For those who are not familiar with those rules, the leased access rules direct cable operators to set aside channel capacity for commercial use by unaffiliated video programmers. [R]egulating emerging technologies is a fraught endeavor, and that in many cases the market may be better at solving a problem than regulation. 

Platforms

The legal fate of Apple, Facebook, and Google depends on judges and regulators

Scott Rosenberg  |  Axios

As calls mount to break up big tech companies or limit their power, their legal fate will hang on how judges and regulators define their markets. "The social networking category" is a way to define this market that most readily casts Facebook as a monopoly. But if you call it "messaging," then Apple, Snapchat, and the cellphone providers all look like hearty competitors. Similarly, in many countries, Google looks to have a monopoly in the search market. But if you define the market instead as "online information," the case is a lot murkier. In tech, market definitions are unusually fluid because hardware evolves quickly and software is infinitely malleable. Lawsuits and antitrust cases move slowly, and in the time they can be tried, the markets tend to have mutated.

White House will not sign on to Christchurch call to stamp out online extremism amid free speech concerns

Tony Romm, Drew Harwell  |  Washington Post

The White House will not sign an international call to combat online extremism brokered between French and New Zealand officials and top social media companies, amid US concerns that it clashes with constitutional protections for free speech. The decision comes as world leaders prepare to announce the so-called “Christchurch call to action” on May 15, an effort named after the New Zealand city where a shooter attacked two mosques in an attack inspired by online hate and broadcast on social media sites. The document calls on governments and tech giants to improve their efforts to study and stop the spread of harmful content. US officials said they stand “with the international community in condemning terrorist and violent extremist content online,” and support the goals of the Christchurch document. But the White House said in a statement it is “not currently in a position to join the endorsement,” which leaders from countries such as Australia, Canada and the United Kingdom are expected to sign. "We continue to be proactive in our efforts to counter terrorist content online while also continuing to respect freedom of expression and freedom of the press," the White House said. "Further, we maintain that the best tool to defeat terrorist speech is productive speech, and thus we emphasize the importance of promoting credible, alternative narratives as the primary means by which we can defeat terrorist messaging."

White House escalates war against Facebook, Google and Twitter with a campaign asking users to share stories of censorship

Tony Romm  |  Washington Post

The White House announced an unprecedented campaign asking Internet users to share if they had been censored on Facebook, Google and Twitter, tapping into President Trump’s long-running claim that tech giants are biased against conservatives. The effort, which the White House said on Twitter was directed at users “no matter your views,” seeks to collect names, contact information and other details from Americans. The survey asks whether they have encountered problems on Facebook, Instagram, Google-owned YouTube, Twitter or other social media sites — companies the president frequently takes aim at for alleged political censorship. The survey claims that “too many Americans have seen their accounts suspended, banned, or fraudulently reported for unclear ‘violations’ of user policies.” The White House also asked users for permission to send new email newsletters about “President Trump’s fight for free speech," so that the administration “can update you without relying on platforms like Facebook and Twitter.”

Telecom

Chairman Pai Proposes Robocall Blocking by Default

Press Release  |  Federal Communications Commission

Federal Communications Commission Chairman Ajit Pai is proposing bold action to help consumers block unwanted robocalls. He has circulated a declaratory ruling that, if adopted, would allow phone companies to block unwanted calls to their customers by default. In addition, companies could allow consumers to block calls not on their own contact list. The draft Further Notice of Proposed Rulemaking would propose a safe harbor for providers that implement network-wide blocking of calls that fail caller authentication under the SHAKEN/STIR framework once it is implemented. Chairman Pai also proposes seeking public comment on how caller ID authentication standards, known as SHAKEN/STIR, can inform call blocking. The Chairman has demanded that carriers adopt these standards to combat malicious spoofing. May 15’s action would be the first by the Commission to directly combat scam robocalls that spoof legitimate, in-service numbers. 

FCC Oversight

House Communications Subcommittee FCC Oversight Hearing

Robbie McBeath  |  Benton Foundation

As expected, the Democratic leaders on the House Communications Subcommittee used the Federal Communications Commission oversight hearing to hammer FCC Chairman Ajit Pai over policies and actions with which they strongly disagree. In his opening statement, Chairman Mike Doyle (D-PA) said Chairman Pai had yet to explain to Congress or the American people what it was doing about mobile carriers sharing real-time geolocation data. He also slammed the inaccurate and deeply flawed broadband deployment data, old and faulty business broadband data, and warned the FCC not to act on a USTelecom forbearance petition using such data. He said the FCC should auction the C-band spectrum, rather than hand that money to "four foreign satellite companies," which he said would be irresponsible.

[much more at the link below]

Stories From Abroad

The 2019 Ranking Digital Rights Corporate Accountability Index

Research  |  Ranking Digital Rights

Microsoft has unseated Google at the top of the 2019 Corporate Accountability Index. Telefónica outpaced Vodafone among telecommunications companies. Yet despite progress, most companies still leave users in the dark about key policies and practices affecting privacy and freedom of expression. A majority of companies improved and clarified policies affecting users’ privacy—a trend that appears to be driven by new data protection regulations in the EU and elsewhere. But even the leading companies fell short in key areas. Few scored higher than 50 percent, failing to even meet basic transparency standards, leaving users across the globe in the dark about how their personal information is collected and protected—and even profited from.

Report on the Implementation of the Regulation on Open Internet Access

Research  |  European Commission

The European Commission compared the current situation with the one before its open internet regulation entered into force (on 30 April 2016) and concluded that the regulation’s principles are appropriate and effective in protecting end-users’ rights and promoting the internet as an engine for innovation. The report suggests that there is no need to amend the regulation at this stage, in order to continue with the regulatory stability and in view of continuing protecting end-users’ rights and promoting open access to the internet. Digital businesses are clearly flourishing as evidenced by start-up clusters in very dynamic places across Europe. The emergence of these start-ups is, in part, thanks to their ease of access to their customers, which the regulation supports. In addition, the regulation does not seem to affect the investments made by providers of internet access services. All market participants highly appreciate the legal certainty that it has created, as having predictable rules is crucial for their investment decisions.

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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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