Daily Digest 6/26/2019 (O'Rielly Pushes for USF Cap)

Benton Foundation
Table of Contents

Broadband/Telecom

Commissioner O'Rielly Remarks Before the Hudson Institute on USF Budget  |  Read below  |  FCC Commissioner Michael O'Rielly  |  Speech  |  Federal Communications Commission
Chairman Pai Response to Various Members of Congress Regarding Broadband Mapping  |  Federal Communications Commission
Broadband Adoption Gap Analysis of California  |  Read below  |  Selena Huang, Ava Tran, Carlos Jennings  |  Analysis  |  California Public Utilities Commission
FTC, Law Enforcement Partners Announce New Crackdown on Illegal Robocalls  |  Federal Trade Commission
House Communications Subcommittee Approved Omnibus Robocall Bill  |  Multichannel News
Chairman Pai's response to Sens Wyden and Collins regarding robocalls  |  Federal Communications Commission

Wireless/Mobile/Spectrum

Schools and Phone Companies Face Off Over Wireless Spectrum  |  Read below  |  Klint Finley  |  Wired
FCC's Pai hopes 'misguided' Sprint/T-Mobile antitrust litigation fails  |  Kansas City Business Journal
Chairman Pai Response to Sens Udall, Klobuchar, Blumenthal, Warren, Markey, and Booker Re: Proposed Merger of T-Mobile-Sprint  |  Read below  |  FCC Chairman Ajit Pai  |  Federal Communications Commission
Senator Johnson Sends Letter to Commerce Department, Introduces Resolution on 5G Network Development  |  Read below  |  Sen Ron Johnson (R-WI)  |  Press Release  |  US Senate
Chairman Pai Response to Sens Wyden and Cantwell Regarding 24 GHz Auction  |  Read below  |  FCC Chairman Ajit Pai  |  Press Release  |  Federal Communications Commission
Ligado’s Wireless Plans Caught In 5G Agency Crossfire  |  Read below  |  Andrew Scurria  |  Wall Street Journal
Verizon CTO seeing ‘very little churn so far’ for 5G Home service - customers roughly even split of existing and new subscribers  |  RCR Wireless
Roslyn Layton: How CMI's Multidisciplinary Education Can Help Policymakers Address 5G Spectrum Challenges  |  Forbes

Surveillance 

Repeated mistakes in phone record collection led NSA to shutter controversial program  |  Read below  |  Ellen Nakashima  |  Washington Post, Wall Street Journal

Security

A Likely Chinese Hacker Crew Targeted 10 Phone Carriers to Steal Metadata  |  Read below  |  Andy Greenberg  |  Wired
US Tech Companies Sidestep a Trump Ban, to Keep Selling to Huawei  |  Read below  |  Paul Mozur, Cecilia Kang  |  New York Times
Huawei Telecom Gear Much More Vulnerable to Hackers Than Rivals' Equipment, Report Says  |  Wall Street Journal

Platforms/Content

Senators spar with Google exec over use of 'persuasive technology'  |  Read below  |  Harper Neidig  |  Hill, The
David Lazarus: ‘Dark patterns’ are steering many internet users into making bad decisions  |  Los Angeles Times
Small tech companies worry about retaliation if they complain about their larger rivals  |  Washington Post
Artificial intelligence can't solve online extremism issue, experts tell House Counterterrorism Subcommittee  |  Read below  |  Emily Birnbaum  |  Hill, The
Regulators Have Doubts About Facebook Cryptocurrency. So Do Its Partners.  |  New York Times
The new data capitalism: Big Tech wants to know everything about you  |  Axios
Big Tech helps advertisers avoid its shady side  |  Axios

Privacy

Vermont's new data broker law shows challenge of regulating companies compiling and selling your personal information  |  Read below  |  Douglas MacMillan  |  Washington Post
Senator Markey Urges FTC to Require Additional Children’s Privacy Safeguards at YouTube  |  US Senate
Personal information for 22 million people was exposed. A court blames a federal agency.  |  Washington Post

Television

Senators Warren, Sanders, Booker Urge FCC and DOJ to Review Sinclair Acquisition of 21 Regional Sports Networks  |  Read below  |  Sen Elizabeth Warren (D-MA)  |  Press Release  |  US Senate
The NRA Kills Off NRATV  |  Wrap, The

Education

2019 Tech Enablers Report: Top Five 'Tech Enablers' In K-12 Education  |  Read below  |  Research  |  Consortium for School Networking

Journalism

Supreme Court limits access to government records in loss for Argus Leader  |  Sioux Falls Argus Leader
Supreme Court says law banning registration of 'scandalous' trademarks violates First Amendment  |  CNN
Washington Post Launches Platform For Fact-Checking 'Manipulated Videos'  |  MediaPost

Elections

Mueller to testify to Congress in open session July 17  |  Washington Post
Senators Klobuchar, Warner Introduce Legislation to Prevent Foreign Interference in American Politics (Sen Amy Klobuchar  |  Sen Amy Klobuchar (D-MN)
Right to Connect: A Media-Policy Roadmap for Presidential Candidates  |  Read below  |  Analysis  |  Free Press
President Trump's shock factor wears off, causing a slump for big media  |  Read below  |  Sara Fischer, Neal Rothschild  |  Axios
Can Democrats Win Back the Internet in the Age of Trump?  |  Read below  |  Peter Hamby  |  Vanity Fair
Sen Bernie Sanders is winning the internet. Will it win him the White House?  |  Vox
Debates Mark the Starting Line for the Media’s Race Through 2020  |  New York Times
880 Emails Over 6 Weeks: Here’s How 2020 Democrats Portray Themselves  |  New York Times
Why Facebook, Google Advertising During 2016 Presidential Election Lacked Paid-For Disclaimers  |  MediaPost

Policymakers

President Trump Names Stephanie Grisham, Aide to First Lady, as White House Press Secretary  |  Read below  |  Katie Rogers, Annie Karni  |  New York Times
Next Century Cities Announces New Executive Director  |  Read below  |  Press Release  |  Next Century Cities

Census

Reopened Legal Challenge to Census Citizenship Question Throws Case Into Chaos  |  New York Times
Former top Commerce Dept aide says he was directed by Sec Ross to add census citizenship question  |  Washington Post
Today's Top Stories

Broadband/Telecom

Commissioner O'Rielly Remarks Before the Hudson Institute on USF Budget

FCC Commissioner Michael O'Rielly  |  Speech  |  Federal Communications Commission

Why pursue an overall Universal Service Fund (USF) budget and what benefit would it bring? First and foremost, a budget is necessary to protect the investments of ratepayers who pay for our programs. Second, a topline budget would force the Federal Communications Commission to consider the whole USF when increasing program spending. Third, an FCC running up against a cap would have greater incentive to eliminate inefficiencies that detract from achieving the program’s mission and value. Fourth and finally, a budget would help protect universal service. 

Returning to the topic of USF waste, one specific benefit of having an overall cap is that it would encourage the FCC to eliminate inefficient and duplicative spending among the programs to a much greater extent. To stretch public funds as far as possible and minimize waste, it is equally crucial that federal agencies avoid duplicating each other’s broadband subsidies. While the FCC has made improvements to its broadband subsidies over the years, truly eliminating inefficiency and waste will take a lot more work, both inside and outside the agency. Establishing an overall USF budget is a crucial part of this effort and I am proud to serve as the lead advocate for the rulemaking. 

Broadband Adoption Gap Analysis of California

Selena Huang, Ava Tran, Carlos Jennings  |  Analysis  |  California Public Utilities Commission

Based on consumer connection and broadband deployment data collected by the California Public Utilities Commission (CPUC), as of Dec 31, 2017, the CA statewide adoption rate is 87.3% at speeds exceeding 200 kilobits per second (Kbps) in at least one direction, or 80.2% at California Advanced Servies Fund (CASF) served speeds of 6 megabits per second (Mbps) down and 1 Mbps up. Even with internet usage and adoption rates increasing at home, our analysis finds that gaps still exist for some households based on certain demographic characteristics. This analysis finds that characteristics including poverty/income, ethnicity/race, primary language, education and those living in rural areas are highly correlated to low adoption rates. Other demographic characteristics such as age, household size, and home ownership were also contributing factors, however, they do not appear to be as significant at the census tract level. Above all, we observe that the most constant and significant factor affecting adoption is income.

Wireless/Spectrum

Schools and Phone Companies Face Off Over Wireless Spectrum

Klint Finley  |  Wired

The Federal Communications Commission recently published a plan to auction off unused wireless spectrum originally set aside for schools. Only about half of this chunk of spectrum, now known as the Educational Broadband Service (EBS) has been licensed to schools or educational organizations. Education groups and the wireless industry have been asking the FCC to license the rest for years. Under the new plan, schools and educational organizations that already have EBS licenses will be able to keep them or sell them to commercial carriers. Tribal Nations will get a chance to apply for the unassigned licenses; the remaining licenses will be auctioned off. An earlier version of the proposal released in 2018 would have allowed not only Tribal Nations but also schools and educational groups to apply for licenses ahead of the auction. Critics of the new proposal say the FCC's plan will hand more control over public airwaves to commercial interests at the expense of communities and educational organizations. John Windhausen Jr., executive director of the Schools, Health & Libraries Broadband (SHLB) Coalition, says the FCC plan would be "disastrous for online learning, 5G deployment, and rural consumers."

Chairman Pai Response to Sens Udall, Klobuchar, Blumenthal, Warren, Markey, and Booker Re: Proposed Merger of T-Mobile-Sprint

FCC Chairman Ajit Pai  |  Federal Communications Commission

On May 23, Sens Tom Udall (D-NM), Amy Klobuchar (D-MN), Richard Blumenthal (D-CT), Elizabeth Warren (D-MA), Ed Markey (D-MA), and Cory Booker (D-NJ) wrote to Federal Communications Commission Chairman Ajit Pai expressing concern that the proposed merger of T-Mobile and Sprint does not serve the public interest and urging both the FCC and Department of Justice to reject the transaction. 

On June 11, Chairman Pai responded by reiterating his belief that approval of the transaction would be in the public interest. He claimed that, contrary to the assertion by the senators, commitments by T-Mobile and Sprint to not raise prices for three years and to divest Boost Mobile are not "vague promises." "To begin with, the network buildout commitments are quite specific. And moreover, to ensure that the parties do what they promise, they have agreed to strong accountability measures."

Senator Johnson Sends Letter to Commerce Department, Introduces Resolution on 5G Network Development

Sen Ron Johnson (R-WI)  |  Press Release  |  US Senate

Senator Ron Johnson (R-WI) sent a letter to Department of Commerce Secretary Wilbur Ross and introduced a resolution on June 24, both concerning US development and deployment of 5G wireless technology. The senator’s letter to Sec Ross raises concerns that the Department of Commerce may be intentionally delaying progress in the race to 5G. 

“It has come to my attention that one of your senior advisers may be placing personal animosity ahead of our country’s 5G goals. This threatens the clearly stated goals and priorities of the President and Congress and also undermines the [National Telecommunication and Information Administration's] mission to ‘expand the use of spectrum by all users,’” Sen Johnson wrote. “Spectrum deliberations are best conducted by engineers working collaboratively together to solve challenges, not bureaucrats trying to defend their turf.”

Chairman Pai Response to Sens Wyden and Cantwell Regarding 24 GHz Auction

FCC Chairman Ajit Pai  |  Press Release  |  Federal Communications Commission

On May 13, Sens Ron Wyden (D-OR) and Maria Cantwell (D-WA) sent a letter to Federal Communications Commission Chairman Ajit Pai with a straight-forward request: don't allow wireless companies to operate in a 24 GHz band until vital weather forecasting operations are protected. 

On June 11, Chairman Pai responded by saying that in the FCC's interagency coordination process, other federal agencies did not object to expanding the existing permissible use of the 24.25-24.245 GHz and 24.75-25.25 GHz bands for 5G service. "Based on the record compiled in a notice-and-comment rulemaking, the Commission also concluded that its rules would protect weather satellites in the 23.6-24 GHz band from harmful interference." Chairman Pai wrote, "In short, the Commission's decisions with respect to spectrum have been and will continue to be based on sound science and engineering rather than exaggerated and unverified last-minute assertions." Chairman Pai also said the emission limits most recently advanced by the Department of Commerce's National Oceanic and Atmospheric Administration and the National Aeronautics and Space Administration are based on an unvalidated and badly flawed study. "Based on the ongoing work of the Commission's spectrum engineering experts, we do not need to choose between 5G and critical weather forecasting tools." 

Ligado’s Wireless Plans Caught In 5G Agency Crossfire

Andrew Scurria  |  Wall Street Journal

Ligado Networks LLC’s plan to develop some of the nation’s most valuable airwaves is being undercut by disagreements between US regulators over the deployment of 5G technology—miring the company’s business in a holding pattern and pressuring its finances. Ligado, the wireless venture formerly known as LightSquared Inc., has waited more than 1,200 days for permission to repurpose a swath of wireless spectrum that has emerged as a sticking point as federal agencies debate whether and how to build out proposed 5G networks. The Federal Communications Commission has the final say on these proposals and has signaled a willingness to proceed. Ligado said in a petition to the FCC on June 25 that other US officials are, “for whatever reason,” fighting 5G deployment. “The holdup appears to be a debate about politics—one that pits the expert agency designated by Congress to make spectrum decisions against certain parts of the executive branch,” the petition said.

The Commerce Department and other agencies have warned that rising commercial spectrum use threatens to scramble readings from weather satellites and affect storm forecasts. Weather researchers who rely on National Oceanic and Atmospheric Administration data have raised similar interference concerns about Ligado’s proposal. FCC Chairman AJit Pai said at a hearing earlier in June that interagency turf battles had intensified since the departure last month of David Redl, a top Commerce Department official on a range of 5G-related issues, who favored speeding up the rollout.

Surveillance 

Repeated mistakes in phone record collection led NSA to shutter controversial program

Ellen Nakashima  |  Washington Post, Wall Street Journal

The National Security Agency purged millions of Americans’ phone records after learning that some of the data was collected in error in 2018 as part of a controversial counterterrorism program. Between Oct. 3 and 12, an unidentified phone company provided the NSA with records that it should not have received — records not related to terrorism suspects. The NSA assessed that “the impact was limited given the quick identification, purge processes and lack of reporting,” according to one report. It was the second such instance of “over-collection” in 2018 and helped lead to the agency’s decision — which it still has not publicly acknowledged — to shutter the program. The law authorizing this data collection, a scaled-down version of a program first disclosed by former NSA contractor Edward Snowden, is due to expire in December 2019.

Security

A Likely Chinese Hacker Crew Targeted 10 Phone Carriers to Steal Metadata

Andy Greenberg  |  Wired

On June 24, researchers at Boston-based cybersecurity firm Cybereason revealed the results of tracking a years-long cyberespionage campaign they've called Operation Soft Cell, which they say targeted the networks of at least 10 cellular providers around the world. And while researchers' visibility into that hacking campaign is incomplete, they say it appears to be a prolific but highly targeted espionage campaign likely based in China. In one of the 10 breaches that affected a Cybereason customer, the researchers say they found that the hackers had gained deep access to the victim's network and stolen gigabytes of metadata related to 20 specific individuals' phone usage and location. "I wouldn’t be surprised to learn that a Chinese actor has targeted 10 telecom providers," says John Hultquist, who leads threat intelligence at security firm FireEye. "They're moving toward the backbone, hitting providers with access to a lot of data instead of going after targets in onesies and twosies. They gain a higher level of access and limit their exposure."

US Tech Companies Sidestep a Trump Ban, to Keep Selling to Huawei

Paul Mozur, Cecilia Kang  |  New York Times

Apparently, a number of the US’ biggest chip makers have sold millions of dollars of products to Huawei despite a Trump administration ban on the sale of American technology to the Chinese telecommunications company. Since the Commerce Department enacted the ban in May, American companies including Intel and Micron have found ways to sell technology to Huawei. The components began to flow to Huawei about three weeks ago. Goods produced by American companies overseas are not always considered American-made, and the suppliers are taking advantage of this. The sales will help Huawei continue to sell products such as smartphones and servers. The deals underscore how difficult it is for the Trump administration to clamp down on companies that it considers a national security threat, like Huawei. They also hint at the possible unintended consequences from altering the web of trade relationships that ties together the world’s electronics industry and global commerce.

American companies may sell technology supporting current Huawei products until mid-August. But a ban on components for future Huawei products is already in place. It’s not clear what percentage of the current sales were for future products. The sales have most likely already totaled hundreds of millions of dollars. While the Trump administration has been aware of the sales, officials are split about how to respond, apparently.

Platforms/Content

Senators spar with Google exec over use of 'persuasive technology'

Harper Neidig  |  Hill, The

Lawmakers expressed disbelief when Maggie Stanphill, Google’s director of user experience, told the Senate Communications Subcommittee “No, we do not use persuasive technology at Google.” At issue before the panel was how algorithms used by companies like Google, Facebook and others might influence their users. Stanphill's statement prompted pushback from senators who had been scrutinizing the company over its content decisions on platforms like YouTube. “You don’t want to clarify that a little further?” Sen Brian Schatz (D-HI) asked. “Either I misunderstand your company or I misunderstand the definition of persuasive technology.” Stanphill responded by saying “dark patterns and persuasive technology are not core to our design.” “We build our products with privacy, security and control for the users,” she continued. “And ultimately this builds a lifelong relationship with the user, which is primary. That’s our trust.” “I don’t understand what any of that meant,” Schatz said. Subcommittee Chairman John Thune (R-SD) suggested that he was considering a bill that would tackle the issue and called for greater transparency from the industry.

Artificial intelligence can't solve online extremism issue, experts tell House Counterterrorism Subcommittee

Emily Birnbaum  |  Hill, The

A group of experts warned the House Counterterrorism Subcommittee that artificial intelligence is not capable of sweeping up the full breadth of online extremist content — in particular posts from white supremacists. Lawmakers cast doubt on claims from top tech companies that artificial intelligence, or AI, will one day be able to detect and take down terrorist and extremist content without any human moderation. Subcommittee Chairman Max Rose (D-NY) said he is fed up with responses from companies like Google, Twitter and Facebook about their failure to take down extremist posts and profiles, calling it "wanton disregard for national security obligations." "We are hearing the same thing from social media companies, and that is, 'AI’s got this, it’s only gonna get better,' " Chairman Rose said during his opening remarks. "Nonetheless ... we have seen egregious problems."  The lineup of experts, including Facebook's former chief security officer and current Stanford academic Alex Stamos, agreed that AI is not ready to take on the complicated issues of terrorist content — and raised questions over whether it ever will be able to. Stamos said the "world’s best machine learning resembles a crowd of millions of preschoolers."  "No number of preschoolers could get together to build the Taj Mahal," he explained.

Privacy

Vermont's new data broker law shows challenge of regulating companies compiling and selling your personal information

Douglas MacMillan  |  Washington Post

Lawmakers in VT are at the forefront of a national movement aiming to shine a light on data brokers that buy and sell the personal information of millions of Americans with whom they have no direct relationship. A state law passed in 2018 required all businesses that trade data on VT’s residents to register publicly and share some basic information about how they operate. The goal was to give residents one public database where they can find clear information about all companies that sell their data and steps they can take to delete it. Instead, the VT effort showed how difficult regulating these companies can be. Dozens of firms registered, but few offered clear answers about what they do with data and whether users may remove themselves from databases. Some data firms didn’t bother to register.

Television

Senators Warren, Sanders, Booker Urge FCC and DOJ to Review Sinclair Acquisition of 21 Regional Sports Networks

Sen Elizabeth Warren (D-MA)  |  Press Release  |  US Senate

Senators Elizabeth Warren (D-MA), Bernie Sanders (I-VT), and Cory Booker (D-NJ) sent a letter to Federal Communications Commission Chairman Ajit Pai and the head of the Department of Justice Antitrust Division, Makan Delrahim, urging close scrutiny of Sinclair Broadcast Group's recent acquisition of 21 Regional Sports Networks and Fox College Sports (RSNs) from the Walt Disney Company in a deal valued at $10.6 billion. The acquisition is not finalized and has yet to be approved by the FCC and DOJ. The Sens expressed concerns that the deal may result in increased prices for consumers, reduce competition in the industry, and enhance the media giant's ability to force its partisan political messaging on millions of Americans.

Education

2019 Tech Enablers Report: Top Five 'Tech Enablers' In K-12 Education

The Consortium for School Network issued a new report that identifies the top five technology developments to enhance teaching and learning: Mobile Devices; Blended Learning; Cloud Infrastructure; Extended Reality; and Analytics and Adaptive Technologies. These "Tech Enablers" are tools that support smoother leaps over the hurdles and expansive changes in global K-12 education.  

Elections

Right to Connect: A Media-Policy Roadmap for Presidential Candidates

Analysis  |  Free Press

A platform of recommended media-and-tech policies for all presidential candidates. Over the summer of 2019, Free Press Action will send the platform to each of the presidential candidates. Free Press Action will also generate a scorecard rating each candidate’s positions relative to Right to Connect’s recommendations. What is the platform asking candidates to do?

  1. Restore strong Net Neutrality protections, the bedrock of digital civil rights.
  2. Close the digital divide and make internet access universally affordable.
  3. Foster diverse local media — not bigger broadcasting conglomerates.
  4. Learn from the inadequate response to hurricane crises in Puerto Rico and commit to building resilient infrastructure.
  5. Oppose harmful mergers and monopolies.
  6. Ensure affordable and accessible communications for incarcerated people and their loved ones.
  7. Acknowledge that our media system is built on a history of discrimination.
  8. End unwarranted government surveillance over communications networks.
  9. Enact policies to protect digital privacy.
  10. Defend journalists and expand noncommercial media to promote a thriving democracy.

President Trump's shock factor wears off, causing a slump for big media

Sara Fischer, Neal Rothschild  |  Axios

The shock factor around President Donald Trump's unplanned announcements, staff departures, taunting tweets and erratic behavior is wearing off, and media companies are scrambling to find their next big moneymaker.  Executives say that Trump fatigue is very real: Interest in political coverage overall is down, which is spurring investments in other beats, like technology and the global economy. Executives say they expect this week’s debate ratings to be nothing like the ratings for the 2016 Trump debates.

Digital demand for Trump-related content (number of article views compared to number of articles written) has dropped 29% between the first 6 months of the Trump presidency and the most recent 6 months, according to data from traffic analytics company Parse.ly. Evidence that Trump's social media star power was also beginning to wear off surfaced in May when it was reported that his tweets were receiving less than half the engagement that they got when he first took office.

Can Democrats Win Back the Internet in the Age of Trump?

Peter Hamby  |  Vanity Fair

As the curtain rises on the 2020 election, some Democrats worry their party is not doing enough to adapt their campaigns to modern habits, clinging instead to a naive hope that internet discourse will somehow fix itself, or that the tactics from the previous campaigns will somehow overcome the baser human instincts that gave rise to Donald Trump. A decade after Barack Obama’s campaign was heralded for its digital savvy around data and email marketing, Trump-era conservatives are now the ascendant political force of the networked internet. As progressives cling to the quaint idea that political fights can be won with facts and reason, or that regulators will find a way to take on the Big Tech platforms, right-wing voices have cracked open the emotional code of social media and hijacked it for political gain.

Policymakers

President Trump Names Stephanie Grisham, Aide to First Lady, as White House Press Secretary

Katie Rogers, Annie Karni  |  New York Times

Stephanie Grisham, First Lady Melania Trump’s loyal and sometimes combative communications director, will replace Sarah Huckabee Sanders as White House press secretary. She will also take on the added role of communications director, a job that has been vacant since the departure of Bill Shine in March, and will keep her role with First Lady Trump. Grisham joined the Trump presidential campaign in 2015 and is one of the last remaining aides from the campaign still serving in the White House. She became a trusted aide after the Trumps moved into the White House, known for defending Mrs. Trump and the Trump family, and for her ability to keep the East Wing relatively free of leaks. Grisham, 42, was born in Arizona and worked in Republican politics there before joining the Trump campaign.

Next Century Cities Announces New Executive Director

Press Release  |  Next Century Cities

Next Century Cities has selected a new executive director: Francella Ochillo. Most recently the Vice President of Policy and General Counsel for the National Hispanic Media Coalition, Ochillo is a digital rights advocate who is committed to expanding access for underserved and unserved communities. She earned a BS in Marketing from Morgan State University and a JD from John Marshall Law School in Chicago, Illinois. 

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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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