Daily Digest 10/3/2018 (FCC's October Agenda)

Benton Foundation
Table of Contents

News From the FCC

FCC Announces Tentative Agenda for October 2018 Open Meeting  |  Read below  |  Press Release  |  Federal Communications Commission
FCC Proposes County-Wide DBRS Licenses  |  Read below  |  John Eggerton, Joan Engebretson  |  Broadcasting&Cable, telecompetitor
Commissioner O'Rielly CBRS R&O Fact Sheet: Fixing the Rules to Enable Mid-Band 5G  |  Read below  |  FCC Commissioner Michael O'Rielly  |  Press Release  |  Federal Communications Commission
Remarks of Commissioner O'Rielly before the Americas Spectrum Management Conference  |  Read below  |  FCC Commissioner Michael O'Rielly  |  Speech  |  Federal Communications Commission
Lifeline National Verifier Launch Public Notice  |  Read below  |  Public Notice  |  Federal Communications Commission

Broadband/Internet

Everyone is suing everyone over net neutrality. Congress should step in.  |  Read below  |  Editorial staff  |  Editorial  |  Washington Post
Why feds can’t block California’s net neutrality bill  |  Read below  |  Karl Bode  |  Vox
Telecom Groups Urge FCC to Increase Rural Broadband Focused 2018 USF Budget to At Least $2.4B  |  Read below  |  Joan Engebretson  |  telecompetitor

Education

EducationSuperHighway 2018 State of the States report  |  Read below  |  Research  |  EducationSuperHighway
Education Sec DeVos Announces Launch of First-Ever Federal Student Aid Mobile App  |  Department of Education

Wireless

Verizon’s 5G home internet is sort of real, sort of fake  |  Read below  |  Jacob Kastrenakes  |  Vox
5G: The Wireline-Wireless Bait & Switch  |  Bruce Kushnick
Op-ed: The race to 5G doesn’t matter, it’s the results that matter  |  Fierce
Huawei to FCC: Our absence from US market will ‘ultimately delay 5G deployment’  |  Fierce

Emergency Communication

Government Preps for First Nationwide Wireless Alert Test on Oct 3  |  Read below  |  John Eggerton  |  Broadcasting&Cable, Federal Communications Commission

Privacy/Security

FBI vs. Facebook Messenger: What’s at stake?  |  Read below  |  Greg Nojeim, Eric Wenger, Marc Zwillinger  |  Op-Ed  |  Ars Technica
Facebook disclosed a major hack very quickly. But the alert was short on details.  |  Read below  |  Derek Hawkins  |  Analysis  |  Washington Post
Facebook Hack Puts Thousands of Other Sites at Risk  |  New York Times
Farhad Manjoo: Why You Shouldn’t Use Facebook to Log In to Other Sites  |  New York Times
Tinder, Pinterest and others struggle to determine how Facebook hack affects their users  |  CNN
Op-ed: Trump’s Reckless Cybersecurity Strategy  |  New York Times
Op-Ed: The Future of War Will Be ‘Liked’: In the social media age, what you share is deciding what happens on the battlefield.  |  Foreign Policy
Google taking new steps to prevent malicious Chrome extensions  |  Ars Technica
Ad industry finally embraces privacy rules  |  Axios
Software and Information Industry Association: Privacy Is Not An Antitrust Issue  |  Forbes
Ken Blackwell: Protecting online privacy is a nonpartisan no-brainer  |  Hill, The

Elections

Twitter outlines new steps in midterm election integrity fight  |  Read below  |  Ali Breland  |  Hill, The
Homeland Security Secretary Kirstjen Nielsen: No Sign China’s Trying to Undermine Midterm Vote  |  nextgov
Americans have more faith in legislatures where women are equally represented  |  Vanderbilt University

Government & Communications

President Trump to host tech execs at White House  |  Read below  |  USAToday
Op-Ed: Designing Accessible Government Websites  |  Government Technology
Center for Digital Government's Digital States Survey 2018: Raising the Bar  |  Government Technology

Content

An Interview with PK's Meredith Rose: How the Music Modernization Act will help artists get paid more from streaming  |  Vox
Russian trolls targeted ‘Star Wars: The Last Jedi’ online to amplify political discontent  |  Hill, The
Alex Jones Sues PayPal after InfoWars banned for 'hate and intolerance'  |  C|Net
Google’s former PR boss Jessica Powell wrote a satirical novel about tech and published it all on Medium  |  Vox
Facebook rolls out new anti-bullying tools and an appeals process  |  TechCrunch

Journalism

Report for America set out to give local news a boost. Here’s how it’s going  |  Columbia Journalism Review

Advertising

GM tracked radio listening habits for 3 months to better target in-car advertising  |  Detroit Free Press

Libraries

Ask the Parents: Gathering Perspectives on Libraries, Media, and Technology  |  New America

Labor

Amazon raising minimum wage to $15 an hour  |  Hill, The

Television

Following Public Comment Period, FTC Repeals the Picture Tube Rule --a rule on TV screen size advertisements  |  Federal Trade Commission
Today's Top Stories

News From the FCC

FCC Announces Tentative Agenda for October 2018 Open Meeting

Press Release  |  Federal Communications Commission

Federal Communications Commission Chairman Ajit Pai announced that the following items are tentatively on the agenda for the October Open Commission Meeting scheduled for Tuesday, Oct 23, 2018:

  1. Unlicensed Use of the 6 GHz Band – The Commission will consider a Notice of Proposed Rulemaking that promotes the use of mid-band spectrum for broadband by proposing to allow new unlicensed uses of the 5.925-7.125 GHz band while protecting existing and future licensed operations. (ET Docket No. 18-295)
  2. Promoting Investment in the 3550-3700 MHz Band – The Commission will consider a Report and Order that would make limited changes to the Citizens Broadband Radio Service in 3.5 GHz band to increase incentives for innovation and investment, including for mobile 5G services. (GN Docket No. 17-258)
  3. Revitalizing the 800 MHz Band – The Commission will consider a Report and Order and Order opening up new channels in the 800 MHz Private Land Mobile Radio (PLMR) band, eliminating outdated rules, and reducing administrative burdens on PLMR licensees. (WP Docket Nos. 15-32, 16-261)
  4. Cable Rate Regulation – The Commission will consider a Further Notice of Proposed Rulemaking and Report and Order to modernize its cable television rate regulations and update or eliminate outdated rules. (MB Docket Nos. 02-144, 17-105; MM Docket Nos. 92-266, 93- 215; CS Docket Nos. 94-28, 96-157)
  5. Paper Filing of Contracts – The Commission will consider a Report and Order eliminating the requirement that broadcast stations routinely file paper copies of contracts and other documents with the FCC. (MB Docket Nos. 18-4, 17-105)
  6. Business Data Services for Rate-of-Return Carriers Receiving Fixed Universal Service Support – The Commission will consider a Report and Order that will allow rate-of-return carriers that receive fixed universal service support to elect incentive regulation for their business data services; a Further Notice of Proposed Rulemaking seeking comment on eliminating ex ante pricing regulation for lower capacity TDM services offered by rate-of-return carriers receiving fixed support; and a Second Further Notice of Proposed Rulemaking proposing to eliminate ex ante pricing regulation for TDM transport services offered by price cap carriers. (WC Docket Nos. 17-144, 16-143, 05-25)
  7. Enforcement Bureau Action – The Commission will consider an enforcement action.

FCC Proposes County-Wide DBRS Licenses

John Eggerton, Joan Engebretson  |  Broadcasting&Cable, telecompetitor

The Federal Communications Commission will vote later in Oct on rule changes for the upcoming auction of spectrum in the Citizens Broadband Radio Service (CBRS) band. According to a draft order released Oct 2, the proposed CBRS auction rules call for licenses to be awarded by county for a period of 10 years with the option to renew. The FCC is proposing lengthening license terms in the CBRS (3.5 GHz) band, "modestly" increasing the size of those geographic licenses--the plan is to auction the licenses sometime in 2019-and allowing them to be renewed. That is according to FCC Commissioner Michael O'Rielly, who was delegated the oversight of the item. 

That modest increase would be to county-sized licenses, rather than partial economic areas (PEAs). Cable operators, who are actively investing in research and standards-development in the band, had pushed for those county-sized geographic licenses  as a middle ground, literally, between partial economic areas (PEAs) and the smaller census tracts. While the Wireless Internet Service Providers Association (WISPA) was happy the FCC did not go with larger PEAs, it said "the combination of county-sized licenses – especially where they are subject to package bidding – plus long license terms and renewability will shut out a significant number of our members from using licensed CBRS spectrum to deliver affordable, reliable broadband services to under-served rural areas."

Commissioner O'Rielly CBRS R&O Fact Sheet: Fixing the Rules to Enable Mid-Band 5G

FCC Commissioner Michael O'Rielly  |  Press Release  |  Federal Communications Commission

The Federal Communications Commission will consider an item at its next Open Meeting to revise its existing rules governing the Citizens Band Radio Services (CBRS), which will utilize spectrum between 3.55 to 3.70 GHz. In doing so, the focus will be on correcting policy mistakes made pertaining to the Priority Access Licenses (PALs) back when rules were adopted in April 2015 and May 2016. While thoughtfully considering all proposals to improve the PALs has taken quite a bit of time, this process has not delayed the initiation of CBRS, as both PALs and General Authorized Access (GAA) are dependent on fully operational spectrum access systems (SAS) (and Environmental Sensing Capability (ESC) systems where needed), which are still being considered under the FCC’s approval process. With this decision, it is expected that the PALs auction can occur in 2019, if consistent with other auctions to be scheduled. 

Remarks of Commissioner O'Rielly before the Americas Spectrum Management Conference

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

I have been asked to discuss the Citizens Band Radio Service (CBRS). The timing of this event is indeed fortuitous, because the draft order on this exact issue will be considered at the Oct Federal Communications Commission meeting and its text is being posted Oct 2.  I am fortunate that FCC Chairman Pai entrusted me with such a challenging and important project. Over the last many months, I employed sound regulatory principles to guide my review of the band. To put it mildly, there is a lot of interest in this spectrum, and there are many divergent and passionate opinions. I have heard them all, sometimes at very high decibels. What is in the draft item, which I invite you to review, reflects a fair and reasonable compromise based on all of the various interests.

Lifeline National Verifier Launch Public Notice

Public Notice  |  Federal Communications Commission

The Federal Communications Commission's Wireline Competition Bureau announces that effective November 2, 2018, the National Lifeline Eligibility Verifier (National Verifier) will fully launch in the initial six participating states—Colorado, Mississippi, Montana, New Mexico, Utah, and Wyoming. The FCC established the National Verifier in the 2016 Lifeline Order to make eligibility determinations and perform other necessary functions to enroll subscribers into the Lifeline program. Starting on November 2, 2018, Eligible Telecommunications Carriers (ETCs) in these six states will be required to use the National Verifier to make eligibility determinations for all consumers applying for Lifeline service and must cease using legacy eligibility processes for prospective Lifeline subscribers. In addition, beginning on November 2, 2018, consumers can check their eligibility for Lifeline service directly by using the National Verifier consumer portal available at CheckLifeline.org. The consumer portal is available in both English and Spanish language versions. Finally, consumers and service providers will be able to mail Lifeline program forms and documentation to USAC for manual review. During the soft launch period, which was initiated on June 18, 2018, reverification of existing Lifeline subscribers in the initial six states began. Reverification will continue after November 2, 2018, to verify that subscribers in the National Verifier for these six states are eligible to receive Lifeline service. In addition, annual recertification is now being conducted by the National Verifier for all Lifeline consumers in the initial six states.

Broadband/Internet

Everyone is suing everyone over net neutrality. Congress should step in.

Editorial staff  |  Editorial  |  Washington Post

The fight over net neutrality today can be reduced to a single sentence: Everyone is suing everyone else. Congress should step in. The Federal Communications Commission abdicated its responsibility on net neutrality when it repealed the old rules with no adequate replacement. Now, without setting forth its own rules, the federal government is seeking to block states from creating their own. That may be frustrating to Americans who want an Internet where providers do not dictate what information reaches them and how fast. But a nationwide framework governing net neutrality would be preferable to a patchwork of state regulations establishing local regimes for systems that transcend borders. And creating that framework is up to Congress. Net neutrality done right could foster investment by forcing providers to compete by making their networks broader and better. Federal authorities say it is their job, not states’, to take the issue on. Congress should make sure they do.

Why feds can’t block California’s net neutrality bill

Karl Bode  |  Vox

California just passed the toughest state-level network neutrality law in the nation, and within hours, the Department of Justice sued the state to block the law from going into effect. It’s the start of a new chapter in the fight for net neutrality, as the federal government works hand in hand with the telecom industry to stop a wave of state-level net neutrality protections. But legal experts said that the effort to remove states from the consumer protection equation rests on shaky legal ground and may only buy the telecom sector time rather than rolling back the law completely.

Foreseeing state challenges to their attack on federal oversight, lobbyists for both Comcast and Verizon in 2017 successfully urged the Federal Communications Commission to include language in its net neutrality repeal “pre-empting” (read: banning) states from protecting consumers moving forward. But telecom industry legal experts say that when the FCC dismantled its own authority over broadband ISPs (by rolling back their classification of ISPs as Title II common carriers under the Telecom Act), it ironically killed any authority it might have had to tell states what to do.

While the DOJ lawsuit attempts to claim that the 1996 Telecom Act declares that internet services must be “unfettered by Federal or State regulation,” consumer advocates say they’re misrepresenting what the law actually says and conflating regulation of “the internet” with regulation of “internet access providers” specifically. “Congress created the Telecom Act created [sic] to be a joint federal-state jurisdiction law, which is why every state has its own public utilities commission, power over franchises, state pole attachment regulations, consumer protection power, and state-based ISP privacy rules,” said Ernesto Falcon, legislative counsel at the Electronic Frontier Foundation. 

Even if the industry succeeds in winning the looming lawsuit field by 23 state attorneys general and the FCC’s 2015 rules are thrown out, it’s still unlikely that the courts will look kindly on the FCC’s shaky attempt to preempt states from passing their own rules, said Benton senior fellow Gigi Sohn, who helped craft the FCC’s 2015 net neutrality rules. “At best, (the) DOJ may be looking at a short term victory until the DC Circuit decides the merits of its lawsuit,” Sohn said. Meanwhile, “the California net neutrality law simply fills a gap in consumer protection that the FCC has willingly and happily created,” she added.

Telecom Groups Urge FCC to Increase Rural Broadband Focused 2018 USF Budget to At Least $2.4B

Joan Engebretson  |  telecompetitor

Four telecommunication groups have come together to urge the Federal Communications Commission to increase the Universal Service Fund (USF) budget to at least $2.4 billion for 2018 for the high-cost portion of the program. The request took the form of a letter from ITTA – The Voice of America’s Broadband Providers, USTelecom – The Broadband Association, NTCA – The Rural Broadband Association and WTA – Advocates for Rural Broadband. Small rural telecom companies that receive USF support had the option in 2016 of moving to a cost-based support option known as the alternative Connect America model (A-CAM) or continuing to receive funding based on the traditional mechanism, which bases support on a carrier’s embedded costs. Those carriers choosing A-CAM had to commit to more aggressive broadband buildout requirements.

More carriers than anticipated chose the A-CAM model, which created a funding shortfall for both that program and the traditional program.  Since then the FCC has increased budgets for the programs but not enough to cover the entire shortfall, which means the commission has had to reduce broadband buildout targets commensurately. According to the letter sent to the FCC Oct 1, “[o]ngoing uncertainty over universal service funding is deterring investment, harming rural consumers and businesses and undermining the commission’s goals of universal service and closing the digital divide.” Increasing the high-cost Universal Service Fund budget to $2.4 billion annually would enable A-CAM funding recipients to receive support at the level initially offered to them in 2016, the letter says.

Education

EducationSuperHighway 2018 State of the States report

Research  |  EducationSuperHighway

EducationSuperHighway released its annual State of the States report highlighting the major progress that has been achieved to connect nearly every public school classroom to high-speed broadband. At the same time, the report cites the urgent need to close the digital divide for 2.3 million students across the nation who lack access to the minimum connectivity required for digital learning. The report credits strong bipartisan support from state policymakers for the progress made over the past five years. Since 2013, 49 governors have led the effort that has connected an estimated 40.7 million more students to next-generation broadband and, 21,600 more schools to fiber infrastructure. In 2018, 44.7 million students and 2.6 million teachers in more than 81,000 schools have the Internet access they need for digital learning.

The report also points out that reaching the goal of connecting 99 percent of America’s K-12 students is well within our reach. Nearly two million of the 2.3 million students who still do not have access to the Federal Communications Commission’s minimum standard of 100 kilobits per second (kbps) per student of Internet access are in just 62 school districts nationwide. Moreover, nearly 90 percent of these school districts can upgrade to the FCC’s goal without spending any more money.  More highlights from the 2018 State of the States Report:

  • Only 1,356 schools still lack a fiber-optic connection or other scalable broadband infrastructure, down from 22,958 schools in 2013
  • The cost of K-12 Internet access has declined 85 percent in the last five years
  • Since 2015, the amount invested in Wi-Fi nearly doubled to $2.9 billion, but 7,823 school districts have over $1.4 billion in unused E-rate funds set to expire in 2019

Wireless

Verizon’s 5G home internet is sort of real, sort of fake

Jacob Kastrenakes  |  Vox

Verizon became the first major Internet service provider to launch 5G home internet service. But, is this really 5G? The answer is sort of. 

Verizon’s chief technology architect, Ed Chan, said that the newly launched home 5G service uses a number of technologies that have been deemed a part of 5G. Most important among those is the use of millimeter wave, the radio waves that will be the backbone of 5G connections. Millimeter wave connections work over a much shorter distance, but they’re far faster, enabling Verizon to deliver gigabit speeds wirelessly. But there are other important factors to 5G, like whether all 5G devices work together and speak the same language. And with Verizon’s implementation, they don’t. Verizon is using a communications standard largely of its own making, called 5G TF, whereas the industry at large is coalescing on something called 5G NR. Even Verizon plans to switch over to 5G NR eventually. But it means that this initial 5G deployment is being done without the widely accepted 5G standard. T-Mobile CEO John Legere immediately came out with criticism of Verizon, putting an asterisk beside his references to Verizon’s 5G service. “It doesn’t use global industry standards or cover whole blocks and will never scale… but hey, it is first, right?!” he wrote on Twitter.

Emergency Communications

Government Preps for First Nationwide Wireless Alert Test on Oct 3

The Federal Communications Commission and Federal Emergency Management Agency will conduct the first-ever nationwide test of the Wireless Emergency Alerts system Oct 3, an add-on to the Emergency Alert System (EAS) for TV and radio, which will get its fourth test the same day. Wireless alerts will be sent to cell phones at 2:18 EDT, with the EAS alerts to TV and radio outlets at 2:20. The alerts will be sent using FEMA's internet-based Integrated Public Alert and Warning System (IPAWS). The alerts will be issued under the header "Presidential Alert," and are the only kind of alert that FEMA can send out simultaneously and nationwide. The test was rescheduled from Sept 20 due to Hurricane Florence.

Privacy/Security

FBI vs. Facebook Messenger: What’s at stake?

Greg Nojeim, Eric Wenger, Marc Zwillinger  |  Op-Ed  |  Ars Technica

In the wake of news that a federal court in CA rejected Department of Justice demands that Facebook break, bypass, or remove the encryption in its Messenger app, it’s worth noting how little we still know about such an important dispute. Depending on what specific relief the government sought from the court, the case may signal a potentially significant threat to the security of Internet-based communications. In a hyperconnected world, the implications of the government’s demand for expanded surveillance capabilities go far beyond any legitimate law enforcement equities in any single case. Yet almost nothing is known about the details of the Facebook case because the records remain under seal. Absent more information, the public has no clear way of assessing the impacts for security that are at stake.

This critical debate has not progressed much over the last two years. The government should contribute to the discussion by transparently reporting how often it makes wiretap assistance demands of the type that were reportedly put to Facebook. Any attempt to short circuit this process through a secretive end run to the courts in the name of security concerns should be squarely rejected.

[Greg Nojeim is director of the Freedom, Security, & Technology Project at the Center for Democracy & Technology. Eric Wenger is the director of Cybersecurity and Privacy Policy at Cisco Systems. Marc Zwillinger is the founder of ZwillGen PLLC.]

Facebook disclosed a major hack very quickly. But the alert was short on details.

Derek Hawkins  |  Analysis  |  Washington Post

It took just three days for Facebook to notify authorities and the public that hackers had compromised as many as 50 million user accounts on the social media platform. A swift response. But the flip side: Facebook leaders did not have enough information to paint a clear picture of the hack and the risk to its users during the announcement. They didn’t offer details about who the attackers were, or what motivated them. Nor could they say where the affected users were located or how many users of Facebook-linked third-party applications were affected. The scarce information highlights a difficult trade-off companies must now consider as they face pressure from policymakers here and in Europe to disclose significant data breaches sooner. Europe’s new privacy law, the General Data Protection Regulation, imposes massive fines on companies if they don’t notify privacy regulators about a data breach within 72 hours. US lawmakers have proposed similar a 72-hour rule to replace the patchwork of state data breach laws that exist here. By getting the word out early, companies alert users that their information may have fallen into bad hands. But they risk creating confusion by disclosing the breaches before key details are available.  

Elections

Twitter outlines new steps in midterm election integrity fight

Ali Breland  |  Hill, The

Twitter outlined its efforts to help preserve election integrity during the upcoming 2018 midterms, including its removal of a new set of accounts and a ban on the distribution of hacked materials. “As platform manipulation tactics continue to evolve, we are updating and expanding our rules to better reflect how we identify fake accounts, and what types of inauthentic activity violate our guidelines,” Twitter wrote. The company said that it removed around 50 accounts misrepresenting themselves as members different state Republican parties in Aug. The company already removed hundreds of accounts in Aug as a part of its platform security efforts.

The company said that it also take steps to keep hacked files from being distributed on its platform. Following the Democratic National Committee in 2016, for example, Wikileaks tweeted links to the trove of data that was hacked. Such information would likely be barred from being posted on Twitter in the future. “We are also expanding the criteria for when we will take action on accounts which claim responsibility for a hack, which includes threats and public incentives to hack specific people and accounts,” Twitter said, clarifying that “Commentary about a hack or hacked materials, such as news articles discussing a hack, are generally not considered a violation of this policy.”

Government & Communications

President Trump to host tech execs at White House

  |  USAToday

President Donald Trump, who has accused Google's search engine of being biased against conservatives, is planning to host a conference with executives of internet companies, said his senior economic adviser, Larry Kudlow. The meeting could take place as early as the middle of Oct, White House, Kudlow said.  "We're going to have a little conference – the president will preside over it – we will have big internet companies, big social media companies, search companies," Kudlow said. Kudlow said the meeting would include "some who are dissatisfied" with Internet companies, though he did not specify whom.  Kudlow said he spoke recently with Google CEO Sundar Pichai  and he committed to the White House meeting. The White House also hopes to include other companies such as Facebook and Twitter, Kudlow said.

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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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