Upcoming policy issue

As the Communications Workers of America’s representative on the Broadband Deployment Advisory Committee’s Model Code for Municipalities Working Group, I filed a letter on September 18, 2018, to express concern with the Federal Communications Commission’s draft order on streamlining wireless infrastructure deployment, which will be considered at the FCC's September 26, 2018 Open Meeting. The draft order is inconsistent with recommendations from the Model Code for Municipalities Working Group and is an overreach of federal authority.

A major technology company has been telling senators and their staffers that their personal email accounts were targeted by foreign hackers, Sen. Ron Wyden (D-OR), a senior Democrat on the Senate Intelligence Committee, claimed in a letter to leaders. He used the letter to question why the Senate sergeant-at-arms did not have a clear mandate to help protect the personal accounts and devices of senators and their staffers as well as the official ones. “This approach must change to keep up with changing world realities,” Sen.

House Minority Leader Nancy Pelosi (D-CA) joined CA state senator Scott Wiener (D-San Francisco), firefighters, state legislators and community advocates in support of CA Senate Bill 822, which would enact the strongest net neutrality standards in the nation. “Once we have established California as a model of a state taking action, other states may follow,” she said. “And then I think you will see some of corporate America say, okay, let’s have a federal law because we don’t...want to do different things in different states,” she says.

Gov. Jerry Brown (D-CA) signed into law a state funding bill that will grant Attorney General Xavier Becerra $700,000 and five new staffers to help craft and implement the state’s sweeping new privacy law. AG Becerra has reportedly told Gov. Brown he expects to issue final rules under the law by June 2019, in advance of the measure taking effect on Jan. 1, 2020. The newly-minted funding law will help bolster the state’s effort to install what’s been touted as the strongest state-level online privacy safeguards in the country.

As the Senate Commerce Committee prepares to bring in tech and telecom officials for a hearing on consumer privacy, Chairman John Thune (R-SD) has suggested Congress should legislate. That would be welcome to many tech and telecom heavyweights wary of a patchwork of state privacy rules (like those recently passed in California) that could be more onerous to deal with than a single federal framework.

The Coalition for Local Internet Choice and the National Association of Telecommunications Officers and Advisors asked for my view of the Federal Communications Commission’s pending order, proposing to cap the fees that state and local governments may charge for small-cell attachments. According to the FCC’s draft order, these price‐caps will save the industry $2 billion in costs to operate in metropolitan areas—which will translate into $2.5 billion in new wireless investment, primarily in rural areas. Here are my concerns:

On September 5, the Federal Communications Commission released the text of an order in its ongoing proceeding to streamline the rollout of infrastructure for broadband services, including small cells for 5G wireless service. The order is expected to be adopted at the FCC’s September 26th meeting. The order is a blatant effort by the FCC to strengthen the hand of carriers in negotiations with local governments over small cell deployment and to limit the ability of local governments to negotiate in the public interest around small cells.

Several potential presidential candidates for the 2020 election have expressed an interest in policies that would battle monopolies in the US, including in the tech industry, said Barry Lynn, the executive director of the Open Markets Institute. “Well more than six of the likely presidential candidates this next time around, we’ve had extensive conservations with about these issues,” he said.

National organizations representing municipalities are rebelling against Federal Communications Commissioner Brendan Carr’s plan to streamline the deployment of the 5G wireless infrastructure known as small cells. The proposal, set for a Sept. 26 vote, would preempt local government authority, a measure of run-around that wireless giants like AT&T and Verizon say may be necessary for 5G deployment given delays they face at the local level.

Our upcoming hearings provide an important opportunity for the Federal Trade Commission to reflect on ways to increase the effectiveness of our enforcement of the antitrust laws.