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CES Panel Debates Net Neutrality, With Carriers Complaining About FCC Rules

LAS VEGAS, January 6, 2011 – Government and industry representatives gathered Thursday at the Consumer Electronics Show for a panel discussion on the merits of the FCC’s recent Open Internet Order and its effects on the broadband industry.

Cecilia Kang of the Washington Post moderated the panel, instigating discussions ranging from whether the FCC had the appropriate authority to issue the Order, to what impact participants felt it would have on the future of the Internet.

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LAS VEGAS, January 6, 2011 – Government and industry representatives gathered Thursday at the Consumer Electronics Show for a panel discussion on the merits of the FCC’s recent Open Internet Order and its effects on the broadband industry.

Cecilia Kang of the Washington Post moderated the panel, which was part of the Tech Policy Summit series at CES, instigating discussions ranging from whether the FCC had the appropriate authority to issue the Order, to what impact participants felt it would have on the future of the Internet.

The FCC Open Internet Order lays out three principles by which internet service providers (ISPs) must abide.  First, ISPs must provide services in a transparent manner by disclosing their network management practices and performance characteristics.  Second, network providers must not block lawful content from their customers, and third, providers may not unreasonably discriminate by prioritizing certain network traffic without sufficient reason.

A representative from each of network providers AT&T and Verizon indicated that their companies opposed the order.  Both, however, indicated that they felt the FCC had done a good job in a difficult position.

“The FCC did a great job of dealing with this issue,” said Tom Tauke, an executive vice president of public affairs and policy at Verizon.  “The fact is that Congress hasn’t addressed this issue… the FCC was working on shaky statutory authority.”

James Cicconi, senior vice president of external and legislative affairs at AT&T, asserted that the regulation was unnecessary and imposed a burden on the industry based on hypothetical situations.

“The problem when you’re dealing with hypotheticals, is that there is an infinite variety,” he said.  “If you try to legislate or regulate every one of them, you can shut down what you’re trying to protect.”

Rick Whitt, Washington media and telecommunications counsel for Google, supported the measure due to its moderate nature.

“This should be seen as an interim step – nothing happens in big steps in Washington,” said Whitt, going on to call the policy one “not of ‘wait and see,’ but rather of ‘watch and see.'”

The issue has also become a lightning rod for political debate, with many Republicans in the House vowing to use the newly-acquired majority to strike down the Order.

Neil Fried, Republican chief counsel on communications and technology matters for the Energy and Commerce Committee in the House of Representatives, indicated that reversing the Order was a high priority for Republicans in the 112th Congress.

“Net Neutrality is where we start on our tech policy docket,” he said, calling the Order a burden on business.

Roger Sherman, Democratic chief counsel for communications and technology policy for the House Committee on Energy and Commerce, countered Fried’s assertions.

“We think it’s just the opposite. We think net neutrality protects the internet,” said Sherman, while leaving the possibility of alternative solutions on the table.  “If the GOP wants to open this issue and talk about ways to protect the internet rather than just gut what the FCC has done, we’re certainly open to that”

Jonathan began his career as a journalist before turning his focus to law and policy. He is an attorney licensed in Texas and the District of Columbia and has worked previously as a political reporter, in political campaign communications and on Capitol Hill. He holds a B.A. in Journalism from the University of Washington and a J.D. from Villanova Law School, where he focused his studies on Internet and intellectual property law and policy. He lives in Washington, D.C., where he roots for Seattle sports teams and plays guitar in his free time.

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FCC

FCC Institutes ACP Transparency Data Collection

The FCC stated that it will lean on the newly mandated broadband nutrition labels.

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Photo of people working on computers, cropped, in 2011 by Victor Grigas

WASHINGTON, November 23, 2022 – The Federal Communications Commission last week adopted an order that mandated annual reporting from all providers participating in the Affordable Connectivity Program, a federal initiative that subsidizes the internet-service and device costs of low-income Americans.

The FCC order establishing the ACP Transparency Data Collection, not released until Wednesday, requires ACP-affiliated providers to disclose prices, subscription rates, and other plan characteristics on yearly basis. The FCC stated that it will lean on the newly mandated broadband nutrition labels, which, it says, will ease regulatory burdens for providers.

The FCC created the Transparency Data Collection pursuant to the statutory requirements of the Infrastructure, Investment and Jobs Act of 2021. The commission adopted a notice of proposed rulemaking in June.

Earlier this year, T-Mobile endorsed the nutrition-label method of collection. Industry associations including IMCOMPAS and the Wireless Internet Service Providers Associations warned the FCC against instituting excessive reporting burdens.

“To find out whether this program is working as Congress intended, we need to know who is participating, and how they are using the benefit,” said Chairwoman Jessica Rosenworcel.  “So we’re doing just that.  The data we collect will help us know where we are, and where we need to go. We’re also standardizing the way we collect data, and looking for other ways to paint a fuller picture of how many eligible households are participating in the ACP.  We want all eligible households to know about this important benefit for affordable internet service.”

Although the ACP is highly touted by the FCC, the White House, and industry experts, there is evidence the fund has been exploited by fraudsters, according to a watchdog. In September, the FCC Office of Inspector General issued a report that found the ACP handed out more than $1 million in improper benefits. In multiple instances, according to the OIG, the information of a qualifying individual was improperly used for hundreds of applications, achieving payouts of hundreds of thousands of dollars.

Last month, Rep. Frank Pallone, D-N.J., contacted 13 leading internet service providers, requesting details on alleged fishy business practices connected to the ACP and its predecessor, the Emergency Broadband Benefit Program.

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Federal Communications Commission Mandates Broadband ‘Nutrition’ Labels

The FCC also mandated that internet service provider labels be machine-readable.

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Federal Communications Commission Chairwoman Jessica Rosenworcel

WASHINGTON, November 18, 2022 – The Federal Communications Commission on Thursday afternoon ordered internet providers to display broadband “nutrition” labels at points of sale that include internet plans’ performance metrics, monthly rates, and other information that may inform consumers’ purchasing decisions.

The agency released the requirement less than 24 hours before it released the first draft of its updated broadband map.

The FCC mandated that labels be machine-readable, which is designed to facilitate third-party data-gathering and analysis. The commission also requires that the labels to be made available in customers’ online portals with the provide the and “accessible” to non-English speakers.

In addition to the broadband speeds promised by the providers, the new labels must also display typical latency, time-of-purchase fees, discount information, data limits, and provider-contact information.

“Broadband is an essential service, for everyone, everywhere. Because of this, consumers need to know what they are paying for, and how it compares with other service offerings,”  FCC Chairwoman Jessica Rosenworcel said in a statement. 

“For over 25 years, consumers have enjoyed the convenience of nutrition labels on food products.  We’re now requiring internet service providers to display broadband labels for both wireless and wired services.  Consumers deserve to get accurate information about price, speed, data allowances, and other terms of service up front.”

Industry players robustly debated the proper parameters for broadband labels in a flurry of filings with the FCC. Free Press, an advocacy group, argued for machine-readable labels and accommodations for non-English speakers, measures which were largely opposed by trade groups. Free Press also advocated a requirement that labels to be included on monthly internet bills, without which the FCC “risks merely replicating the status quo wherein consumers must navigate fine print, poorly designed websites, and byzantine hyperlinks,” group wrote.

“The failure to require the label’s display on a customer’s monthly bill is a disappointing concession to monopolist ISPs like AT&T and Comcast and a big loss for consumers,” Joshua Stager, policy director of Free Press, said Friday.

The Wireless Internet Service Providers Association clashed with Free Press in its FCC filing and supported the point-of-sale requirement.

“WISPA welcomes today’s release of the FCC’s new broadband label,” said Vice President of Policy Louis Peraertz. “It will help consumers better understand their internet access purchases, enabling them to quickly see ‘under the hood,’ and allow for an effective apples-to-apples comparison tool when shopping for services in the marketplace.”

Image of the FCC’s sample broadband nutrition label

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FCC

FCC to Establish New Space Bureau, Chairwoman Says

‘The new space age has turned everything we know about how to deliver critical space-based services on its head.’

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Photo of FCC Chairwoman Jessica Rosenworcel, via fcc.gov

WASHINGTON, November 3, 2022 — The Federal Communications Commission will add a new space bureau that will modernize regulations and facilitate innovation, Chairwoman Jessica Rosenworcel announced Thursday.

The new bureau is intended to facilitate American leadership in the space economy, boost the Commission’s technical capacity, and foster interagency cooperation, Rosenworcel said, speaking at the National Press Club.

“The new space age has turned everything we know about how to deliver critical space-based services on its head,” Rosenworcel said. “But the organizational structures of the [FCC] have not kept pace,” she added.

The space economy is “on a monumental run” of growth and innovation, the chairwoman argued, and the FCC must remodel itself to facilitate continued growth. Rosenworcel said the commission is currently reviewing 64,000 new satellite applications, and she further noted that 98 percent of all satellites launched in 2021 provided internet connectivity. By the end off 2022, operators will set a new record for satellites launched into orbit, she said.

The FCC will not take on new responsibilities, Rosenworcel said, but the announced restructuring will help the agency “perform[] existing statutory responsibilities better.” In September, Rep. Cathy McMorris Rodgers, R–Wash., warned the FCC against overreaching its statutory mandate and voiced support for robust congressional oversight – a position reiterated by House staffers Wednesday.

“The formation of a dedicated space bureau within the FCC is a positive step for satellite operators and customers across the United States,” said Julie Zoller, head of global regulatory affairs at Amazon’s satellite broadband Project Kuiper, on a panel following Rosenworcel’s announcement.

“An important part of [Rosenworcel’s] space agenda is ensuring that there is a competitive environment in all aspects of that space,” said Umair Javed, the chairwoman’s chief counsel, during the panel. “So we’ve taken action to update our rules on spectrum sharing to make sure that there are opportunities for multiple systems to be successful in low Earth orbit.

“We’ve granted a number of experimental authorizations to companies that are doing really new…things,” Umair continued.

The FCC in September required that low–Earth orbit satellite debris be removed within five years of mission completion, a move Rosenworcel said would clear the way for new innovation.

In August, the FCC revoked an $885 million grant to SpaceX’s Starlink satellite-broadband service. FCC Commissioners Brendan Carr and Nathan Simington criticized the reversal, and Starlink has since appealed it.

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