Monday, September 30, 2019
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Today: Georgetown Event on Antitrust and Big Tech
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Study Proves The FCC's Core Justification for Killing Net Neutrality Was False
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Obviously, there's no bigger story this week than the possible impeachment of the 45th president of the United States. But if we still have your attention, here's some items of note we found this week. 1) Court Again Rejects FCC Attempt to Loosen Broadcast Ownership Rules. 2) Rebuilding Communications Infrastructure in Puerto Rico and the U.S. Virgin Islands 3) Defining the Digital Divide.
A new study has found the Federal Communications Commission’s primary justification for repealing network neutrality was indisputably false. For years, big Internet service providers and FCC Chairman Ajit Pai have told anyone who’d listen that the FCC’s net neutrality rules, passed in 2015 and repealed in 2018 in a flurry of controversy and alleged fraud, dramatically stifled broadband investment across the US. Repeal the rules, Pai declared, and US broadband investment would explode. But a new study from George Washington University indicates that Chairman Pai’s claims were patently false. The study took a closer look at the earnings reports and SEC filings of 8,577 unique telecom companies from Q1 2009 through Q3 2018 to conclude that the passage and repeal of the rules had no meaningful impact on broadband investment.
Benton Senior Fellow Gigi Sohn, a former FCC lawyer who helped craft the FCC’s 2015 rules, said she hoped the comprehensive study would finally put an end to the debate. "This paper once again validates what the FCC found in 2015 and what net neutrality advocates have said for years—that neither the net neutrality rules nor Title II classification had any impact on ISP investment,” Sohn said. “Not surprisingly, the ISPs and their friends at the FCC and the Hill keep saying the opposite, despite overwhelming evidence to the contrary,” she added. “Hopefully this comprehensive study, which studies ISP investment over nearly a decade, will put this matter to rest.”
Derek Turner, research director for consumer group Free Press, said he doubted that would actually happen. “We don’t expect this study to kill the ISPs' zombie lies about net neutrality and investment,” he said. “The telecom companies and their defenders in Congress have long operated unmoored from reality, and no smoking gun is going to change that, certainly not one they’ll never bother to read and consider fairly.”
At the outset of their recent Op-Ed, Blair Levin and Larry Downes reject federal policymakers’ singular focus on promoting rural broadband deployment, arguing that the digital divide is not merely a question of rural access. In fact, they rightly note that there are more disconnected folks in urban areas than in rural ones. Millions of disconnected people live where broadband is already deployed, but still don’t subscribe to it. However, the Op-Ed’s promise is dashed when the authors replicate the same kind of narrow-minded mistake they seek to correct. They insist that the only “real” solution to the digital divide is persuading disconnected people of the internet’s value — essentially trading one false silver bullet for another. The reality is that broadband adoption — particularly for wired service — is highly dependent on income and race. Poorer individuals and people of color are disproportionately more likely to be disconnected, and disproportionately more likely to adopt if there were more affordable services. Low-income communities and communities of color by and large want internet service, but are prevented from adopting for a slate of complex reasons — including the fact that broadband prices are too damn high. That’s a serious injustice that denies millions of people the ability to pursue educational and economic opportunities, organize for justice and connect with loved ones.
[Floberg is the Policy Manager at Free Press]
In cities like Denver, where broadband is so prolific that availability is estimated at 99.94%, the digital divide is no longer about lack of internet service or limited to rural areas. A plethora of reasons exist as to why the divide persists in urban areas and the issue is gaining more attention from researchers, organizations and policymakers who debate whether it’s about accessibility, affordability or lack of understanding. It’s a quandary that companies like Starry are trying to figure out. The fixed-wireless internet provider, which lights up apartment buildings, launched in Denver. It typically charges $50 a month, but a cheaper offering, the $15 Starry Connect, is made possible by partnering with public housing. It’s part of the company’s mission “that everyone deserves great broadband,” said Stephan Andrade, Starry’s Denver general manager. Starry committed to making its 30-megabits per second service available to all 26,000 Denver Housing Authority residents by the end of 2020. By offering it to an entire building, there’s no need for residents to pre-qualify on various federal programs, as some competing services require. If you’re a tenant, you qualify. Even so, only an average of 30% of tenants sign up after 90 days, said Virginia Lam Abrams, Starry’s senior vice president of communications. She cites reasons such as tenants have another provider, like Comcast, or they may not be able to afford it. But it also may not just be about the cost, she added. One building owner decided to pay for broadband service so that all his tenants could use Starry Connect for free. One thing is clear: People don’t say no to internet because they aren’t educated or or understand why its relevant, said Reisdorf, an assistant professor in the Department of Communication Studies at the University of North Carolina at Charlotte. “There’s a stipulation that people are too uneducated to understand the value of the internet. That’s not true at all in my research,” Reisdorf said. “I’ve interviewed people who have been incarcerated for 30 to 40 years and they absolutely understand the importance of the internet.”
For some time, it’s been no secret that the Federal Communications Commission’s Form 477 data overestimates broadband coverage in the US. In response, Georgia took matters into its own hands. Recently, the state had completed maps for three counties — Elbert, Lumpkin and Tift — that showed just how off current FCC data is. The maps were the result of a pilot carried out by the Georgia Broadband Deployment Initiative (GBDI), which is part of the Georgia Department of Community Affairs. The plan is to complete a location-level map, which will reveal more detail than the FCC’s census block-level map, for the entire state in 2020. “To our knowledge, no other state government has developed a location-level broadband availability map,” said GBDI director Deana Perry. “The reason Georgia developed this approach is due to statutory requirements, which put a deadline of January 2019 where the Department of Community Affairs had to evaluate the FCC broadband maps and if that data and maps would allow the state to identify unserved census blocks.”
Sen Marsha Blackburn (R-TN) has been leading private meetings in Washington with tech industry leaders and civil society groups as part of the Senate Judiciary tech task force inquiry into social media and internet companies. Now, she’s taking things on the road, planning a trip to Silicon Valley in the “near future,” aiming to look under the hood at the “backbone of some of these platforms and the way their algorithms are developed.” Sen Blackburn said the task force will likely look into concerns about anti-competitive behavior among tech giants “early next year,” though she said she’s already heard from Yelp about its grievances with Google’s search business. She said others who have spoken with the task force pushed for light-touch federal privacy regulations that can be augmented with industry-specific privacy laws, as well as a federal standard for notifying people when their digital data has been hacked.
Two House Commerce Committee subcommittees are planning a hearing on Section 230 of the Communications Decency Act on Oct. 16, and Sen Blackburn thinks the Senate ought to follow suit. She said the time has come for a broader review of the 1996 law, which shields websites from liability over user content, to ensure it reflects the modern internet. But Sen Blackburn made clear she’s not ready to throw it out entirely. “We do not want to do away with it, and make it impossible for new entrants to come into compliance, or have it be something that keeps them from trying to enter the marketplace,” she said.
Security/Privacy
House Communications Subcommittee Hearing 'Legislating to Secure America's Wireless Future'
The House Communications Subcommittee considered a handful of bills Sept. 27 at the hearing "Legislating to Secure America's Wireless Future" -- the thrust of which were to protect 5G networks from foreign intruders looking to spy on the US, as well as to efficiently manage spectrum. Bills being considered at the hearing were:
- The "Studying How to Harness Airwave Resources Efficiently Act of 2019" (HR 4462)
- The "Secure and Trusted Communications Networks Act of 2019" (HR 4459)
- The "Network Security Information Sharing Act of 2019" (HR 4461)
- The "Eliminate From Regulators Opportunities to Nationalize The Internet in Every Respect [E-FRONTIER] Act" (HR 2063)
- The "Secure 5G and Beyond Act of 2019" (HR 2881)
- The "Promoting United States Wireless Leadership Act of 2019" (HR 4500)
- H. Res. 575, expressing the sense of the House of Representatives that all stakeholders in the deployment of 5G communications infrastructure should carefully consider and adhere to the recommendations of "The Prague Proposals" [5G security recommendations]
The Secure and Trusted Communications Networks Act (HR 4459), which would prohibit spending federal dollars on suspect communications equipment, an issue that has been in the spotlight given concerns about Chinese telecoms. Harold Feld, senior vice president of Public Knowledge, testified and had some modifications for HR 4459, including not limiting reimbursement to equipment purchased before Aug 2018, "especially if new providers are added to the covered list." One big issue Congress is wrestling with is how to "rip and replace"--or preferably replace first, then rip, said witness John Nettles with Pine Belt Wireless--the tech in those smaller systems, which includes hardware and software. Another problem is that virtually all of the network equipment suppliers are foreign companies, so it becomes a challenge to figure out who to go to for replacement tech, pointed out Rep Marc Veasey (D-TX). Nettles said that was definitely an issue, but depended on what tech they would have to replace. He said there were some niche vendors, but that would add a level of complexity in terms of equipment working together that makes it almost unmanageable.
Congressional antitrust investigators are scrutinizing plans by Google to use a new internet protocol because of concerns that it could give the company a competitive advantage by making it harder for others to access consumer data. Investigators for the House Judiciary Committee asked Google for information about its “decision regarding whether to adopt or promote the adoption” of the protocol, which the company said is aimed at improving internet security. House investigators are also asking whether data collected or processed through the new protocol will be used by Google for any commercial purposes. The new standard would encrypt internet traffic to improve security, which could help prevent hackers from snooping on websites, and from spoofing—faking an internet website to obtain a consumer’s credit-card information or other data. But the new standard could alter the internet’s competitive landscape, cable and wireless companies said. They fear being shut out from much of user data if browser users move wholesale to this new standard, which many internet service providers don’t currently support. Service providers also worry that Google may compel its Chrome browser users to switch to Google services that support the protocol, something Google said it has no intention of doing.
Eleven individuals hailing from six countries around the world, including Peru, Japan, Brazil, Netherlands, Togo and the US, are being inducted into the Internet Hall of Fame for their pioneering and visionary contributions to the Internet’s global growth, access and security. The 2019 inductees:
- Adiel Akplogan (Africa) advanced the Internet in Africa and served as founding CEO of the Regional Internet Registry for Africa
- Kimberly Claffy (United States) pioneered the field of Internet data collection, measurement and analysis
- Douglas Comer (United States) wrote the first series of authoritative textbooks explaining the scientific principles of the Internet’s design and communications protocols
- Elise Gerich (United States) was instrumental in the transition of the NSFNET to the modern-day Internet and the transition of the Internet Assigned Numbers Authority functions from stewardship of the U.S. government to a multistakeholder community
- Larry Irving (United States) was a driving force behind the identification of the Digital Divide in the U.S, igniting global interest in the issue
- Dan Lynch (United States) drove adoption of TCP/IP protocols and played a key role in driving the Internet towards a commercial network
- Jean Armour Polly (United States) pioneered free Internet access in public libraries
- José Soriano (Peru) was a leader in bringing the Internet to Peru and designed a replicable “public Internet” model
- Michael Stanton (Brazil) was instrumental in bringing the Internet to Brazil, and continues to participate in the design and deployment of scalable optical networks in South America and around the world
- Klaas Wierenga (Netherlands) invented eduroam, an international Wi-Fi roaming service for academic and research communities in over 100 countries
- Suguru Yamaguchi (Japan) was a cybersecurity research pioneer and global leader in its deployment; and founded Asia Pacific broadband Internet research and educational network project via satellite
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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