Wednesday, July 24, 2019
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Beyond the Mueller Hearing... Today's Events
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San Francisco Appeals FCC Order on Broadband Wire-Sharing Rule
Justice Department Reviewing the Practices of Market-Leading Online Platforms
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The Federal Communications Commission's Wireline Competition Bureau announces the counties in which conditional forbearance from the obligation to offer Lifeline-supported voice service applies, pursuant to the Commission’s 2016 Lifeline Order. This forbearance applies only to the Lifeline voice obligation of eligible telecommunications carriers (ETCs) that are designated for purposes of receiving both high-cost and Lifeline support (high-cost/Lifeline ETCs), and not to Lifeline-only ETCs2 An appendix to this Public Notice lists the counties where the FCC’s conditional forbearance from high-cost/Lifeline ETCs’ Lifeline voice obligation will apply effective on September 21, 2019.
The counties listed meet the following conditions: 1) 51% of Lifeline subscribers in the county are obtaining broadband Internet access service; 2) there are at least three other providers of Lifeline broadband Internet access service that each serve at least 5% of the Lifeline broadband subscribers in that county; and 3) the ETC does not actually receive federal high-cost universal service support.

Federal Communications Commission Chairman Ajit Pai’s Rural Digital Opportunity Fund (RDOF) is the most significant rural infrastructure initiative of our time. At over $20 billion, there is sufficient funding in the RDOF to support the most advanced fiber optic services to every rural home in the nation. The program has the potential to become the Rural Electrification Act of our generation, especially if it fosters the same spirit of local initiative, local ownership and local control.
The Connect America Fund Phase II (CAF II) auction revealed how competitive bidding improved upon the universal service programs of the past: for a fraction of the funding per location, 100 Mbps and Gigabit-capable networks are being built. The CAF II auction also revealed important community preferences. The vast majority of member-owned organizations (e.g., rural electric and telephone cooperatives) bid at the Gigabit tier. Similarly, the vast majority of Gigabit tier funds in the CAF II auction were won by community organizations building fiber-to-the-home networks. Just as important, these networks are being built with less than half the federal funding paid out by the prior Administration.
The proposed RDOF auction will adhere closely to the CAF II auction, and adds one new component – consumer choice. Should a winning bidder fail to attract consumers, the FCC will withhold funds under a formula that uses the FCC’s cost model assumption that a universal service provider should be able to gain a 70% market share. It’s a prudent, fiscally responsible approach. Yet, as proposed, the FCC will still distribute significant universal service funding to companies that attract few or no customers. Under the FCC’s proposal, a winning bidder in the RDOF auction that attracts less than 1% of the households and businesses would still receive over 50% of its RDOF funding. I believe an additional approach should be considered, one that would not disturb the current FCC proposal, would not affect the budget, and would give rural communities the opportunity to express their preferences at the outset. Imagine if rural communities in high-cost areas were given a say in how broadband funds would be spent.
[Prior to joining Conexon, Jonathan Chambers served as Chief of the Office of Strategic Planning for the Federal Communications Commission. He was part of the senior leadership at the FCC that reformed $12 billion in annual federal spending, including the rural and high cost fund, e-rate, telecommunications relay services and the lifeline programs.]

Back in Nov 2018, as the web was turning 30, it's creator, Tim Berners-Lee, announced that he wanted people to help him put together a "contract for the web" that would help strengthen and protect it for generations to come. Nine months later, the first draft of that contract has arrived -- and he wants your input on how to proceed. One major focus of the contract is accessibility -- ensuring that everyone has a way to access the internet, for which the web is a subset. For governments this means creating policy goals that will allow people, no matter where they live, to actively participate online. It also means not restricting or shutting down that access, and protecting people's right to privacy. For companies, it means thinking more actively about how they can address the needs of systematically excluded groups, as well as abiding by and even championing data protection rights. As citizens, the contract asks us to be creators and collaborators who ensure the web plays host to an array of content that appeals to everyone. It also means participating in the building of strong communities that respect civil discourse and human dignity and fighting for the web to remain open as a global public resource.

San Francisco is challenging the Federal Communications Commission’s move to override a city mandate that apartment and office building owners share in-use cable wiring with broadband providers upon request. On July 22, the city asked the US Court of Appeals for the Ninth Circuit to undo the commission’s decision to preempt part of a San Francisco law, which bars building owners from interfering with an occupant’s right to choose a communications service.

A CenturyLink fiber expansion plan will see the carrier add 4.7 million miles of fiber across the US and Europe, creating what the company calls the “largest ultra-low-loss fiber network in North America.” CenturyLink reports the first phase of this construction was completed in June, comprising 3.5 million miles of fiber, creating an expansive US inter-city network. The global carrier was able to leverage existing multi-conduit infrastructure for this first phase, connecting more than 50 US. cities This CenturyLink fiber expansion plan calls for an additional 1.2 million miles to be built by early 2021.
The network expansion focuses on a purpose-built long-haul network and dense metro networks. This expansion is illustrative of a “land grab” of sorts among carriers, large and small, who see fiber assets as key to their future. They’re all betting that robust demand for bandwidth and capacity will continue for years and decades to come, and the carriers with the best fiber assets are the ones who stand to capitalize most. The move to 5G, with its dependency on fiber backhaul and fronthaul, supports this trend.

The Department of Justice’s Antitrust Division is reviewing whether and how market-leading online platforms have achieved market power and are engaging in practices that have reduced competition, stifled innovation, or otherwise harmed consumers. The Department’s review will consider the widespread concerns that consumers, businesses, and entrepreneurs have expressed about search, social media, and some retail services online. The Department’s Antitrust Division is conferring with and seeking information from the public, including industry participants who have direct insight into competition in online platforms, as well as others. The goal of the Department’s review is to assess the competitive conditions in the online marketplace in an objective and fair-minded manner and to ensure Americans have access to free markets in which companies compete on the merits to provide services that users want. If violations of law are identified, the Department will proceed appropriately to seek redress.
“Without the discipline of meaningful market-based competition, digital platforms may act in ways that are not responsive to consumer demands,” said Assistant Attorney General Makan Delrahim of the Antitrust Division. “The Department’s antitrust review will explore these important issues.

Apple’s mobile apps routinely appear first in search results ahead of competitors in its App Store, a powerful advantage that skirts some of the company’s rules on such rankings. The company’s apps ranked first in more than 60% of basic searches, such as for “maps,” the analysis showed. Apple apps that generate revenue through subscriptions or sales, like Music or Books, showed up first in 95% of searches related to those apps. This dominance gives the company an upper hand in a marketplace that generates $50 billion in annual spending. While many of Apple’s products are undoubtedly popular, they are held to a different standard by the App Store. Apple tells developers that downloads, user reviews and ratings are factors that influence search results. Yet more than two dozen of Apple’s apps come pre-installed on iPhones and are shielded from reviews and ratings. Apple says it doesn’t give its own products an advantage over others on the App Store.
Legal challenges are mounting over the App Store. The US Supreme Court in May ruled against Apple’s attempt to halt a lawsuit claiming consumers are forced to buy apps exclusively from the company. Two app developers are also suing in federal court, alleging the App Store amounts to a monopoly on distribution. Spotify in March filed an antitrust complaint in Europe against Apple, alleging Apple has made it difficult for rival subscription services to market themselves in the App Store, which the company denies.
Facebook deceived users about the way it used phone numbers, facial recognition, FTC to allege in complaint

Apparently, the Federal Trade Commission plans to allege that Facebook misled users’ about its handling of their phone numbers as part of a wide-ranging complaint that accompanies a settlement ending the government’s privacy probe. In the complaint, which has not yet been released, federal regulators take issue with Facebook’s earlier implementation of a security feature called two-factor authentication. It allows users to request one-time password, sent by text message, each time they log onto the social-networking site. But some advertisers managed to target Facebook users who uploaded those contact details, perhaps without the full knowledge of those who provided them. The misuse of the phone numbers was first identified in media reports and by academics in 2019. The FTC also plans to allege that Facebook had provided insufficient information to users — roughly 30 million — about their ability to turn off a tool that would identify and offer tag suggestions for photos.

Attorney General William Barr delivered a blistering critique of encrypted messaging programs, saying they are preventing law enforcement from stopping killings, drug dealing and terrorism, and warned that time may be running out for the tech industry to make changes on its own. AG Barr said “warrant-proof” encryption was “enabling dangerous criminals to cloak their communications and activities behind an essentially impenetrable digital shield.” “As this debate has dragged on, and deployment of warrant-proof encryption has accelerated, our ability to protect the public from criminal and national security threats is rapidly deteriorating,” Barr said. “The status quo is exceptionally dangerous, it is unacceptable, and only getting worse.” The speech marks a forceful return by the Justice Department to the encryption debate it has shied away from in recent years, after a bruising fight between the FBI and Apple over the locked phone of a dead terrorism suspect.
Sen Ron Wyden (D-OR) denounced AG Barr’s approach, arguing that the Trump administration is particularly untrustworthy when it comes to safeguarding civil liberties. “I expect that if we give the attorney general and this president the unprecedented power to break encryption across the board, and burrow into the most intimate details of Americans’ lives, they will abuse those powers,” said Sen Wyden, citing AG Barr’s authorization in the early 1990s of a sweeping bulk surveillance program, and President Donald Trump’s public comments about his political foes. “What senator in their right mind would give these men the authority to break into the phone of every single American?” Sen Wyden asked in a speech on the Senate floor. “Imagine what kind of information they could gather on their political opponents.”

Some key findings about the state of the news media in 2018:
- US newspaper circulation reached its lowest level since 1940, the first year with available data.
- Cable news was a bright spot in another down year for the US news media industry’s economic fortunes. Revenue rose 4% over the past year for Fox News, CNN and MSNBC combined.
- Digital ad revenue has grown exponentially, but a majority goes to Facebook and Google rather than to publishers. Revenue from ads placed on digital platforms – counting all platforms, not just news sites – rose by 23% in 2018, and now makes up nearly half (49%) of all ad revenue in the US. When it comes to display ad revenue – a form of digital advertising that include banners, videos and other advertisements that news organizations and other websites typically run alongside their content – half of all digital revenue went to just two tech companies: Facebook (40%) and Google (12%).
- The audience for local TV news has steadily declined. The average audience fell in key time slots in 2018, down 10% for morning news and 14% for late night and evening news.
- Traffic to news websites seems to have leveled off. Unique visitors to the websites of both newspapers and digital-native news sites showed no growth between the fourth quarters of 2017 and 2018, the second year in which there was no notable growth.

Craig Newmark, the 66-year-old founder of Craigslist, has many contradictions, and his dedication to journalism is just one. He's credited by some with single-handedly taking down the newspaper classifieds industry and strangling local papers of revenue. In Feb, he gave $15 million to projects that support journalism at a time of deep political divide over where and how we get our information, and how trustworthy those sources may be. "So far, I've given over $90 million for this combined effort of trustworthy journalism, cybersecurity, countering information warfare," Newmark says.
But not all Newmark's ventures have panned out or been received so warmly. For example, his $20 million investment into The Markup, a data-driven platform for reporting on Big Tech and its effect on society, was to launch in 2019. Instead, it went up in smoke after its founding editor-in-chief, Julia Angwin, was fired in April before the site went live. While his widespread philanthropic interests range from women in tech to voting to veteran support, nowhere is Newmark's contribution more visible than in the world of reporting. For Newmark, a robust and accurate press is nothing short of an expression of democracy. "It's a patriotic act, to contribute towards stronger, more vigorous, trustworthy journalism," he says. "It is a national security matter. We need, as a people, to know what's going on with our government, with the world."

Facebook and Amazon both set quarterly records for federal lobbying over the last three months, leading a pack of large tech companies that are increasingly under siege in Washington. Each company spent a little more than $4 million on lobbying in the second quarter, the first time either firm has spent that much on their influence operations in the capital. Google, which has also seen its fortunes change in Washington, spent just $2.9 million in the second quarter — the least it’s spent on lobbying since 2011.

Millions of first-time internet consumers from the Ivory Coast to India and Indonesia are connecting to the web on a new breed of device that only costs about $25. The gadgets look like the inexpensive Nokia phones that were big about two decades ago. But these hybrid phones, fueled by inexpensive mobile data, provide some basic apps and internet access in addition to calling and texting. Smart feature phones, as they are known, are one of the mobile phone industry’s fastest-growing and least-known segments, providing a simple way for some of the world’s poorest people to enter the internet economy. While global smartphone sales began sliding in 2018 as markets became saturated, smart feature phone shipments tripled to around 75 million from 2017; some 84 million are likely to be shipped in 2019.
The category was popularized by Reliance Jio, the telecom company backed by India’s richest man, Mukesh Ambani. When its service started in 2016, executives realized millions of people who could afford its dirt-cheap data weren’t signing up because they couldn’t afford a smartphone. So the company developed the JioPhone, teaming up with Hong Kong-based KaiOS Technologies Inc., which makes the most widely used operating system powering smart feature phones globally. The software is designed for devices with limited memory and physical keypads. Recognizing smart feature phones’ potential to connect the next billion users, global tech companies including Facebook and its WhatsApp service, Alphabet’s Google and Twitter have tweaked their apps so they can be used on the devices. In 2018 Google invested $22 million in KaiOS.
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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