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Free Press Panel Blasts ‘Broken’ FCC

BOSTON, April 13, 2011 – Panelists at the Free Press National Conference for Media Reform railed on the Federal Communications Commission over the weekend, debating to what extent the Commission has been “captured” by industry and how to fix it.

Joel Kelsey, Political Advisor at Free Press, moderated the panel, entitled “How to Fix the Broken FCC.” The event included participants from the public interest, industry and government sectors.

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BOSTON, April 13, 2011 – Panelists at the Free Press National Conference for Media Reform railed on the Federal Communications Commission over the weekend, debating to what extent the Commission has been “captured” by industry and how to fix it.

Joel Kelsey, Political Advisor at Free Press, moderated the panel, entitled “How to Fix the Broken FCC.” The event included participants from the public interest, industry and government sectors.

Kelsey started the discussion by posing the question of the difference between capture by the industry and corruption. He also highlighted issues such as a perceived “revolving door” between employment at the FCC and private industry and the comparative discrepancy between the lobbying representation from the public and that of the telecommunications industry.

“We’re really at an important inflection point,” said Kelsey. “We find the vision we all share and the policies we’re all fighting for are crashing into a political juggernaut in D.C.”

Gigi Sohn, president and co-founder of industry watchdog, Public Knowledge, called attention to the entrenched relationship between a government regulator and the industry it oversees as problematic. Repeatedly during the hour-long panel, she pointed a finger at current FCC Chairman, Julius Genachowski, as having failed to provide competent leadership at the agency.

“We have to tell the White House that we want leadership that leads to an open and democratic medium,” said Sohn. “Unfortunately we don’t have the leadership at the FCC to get the policies we want.”

Sohn also called for a mandatory 5-year buffer between employment with the FCC and private industry – and vice versa.

Chris Libertelli, senior director of government and public affairs at Skype, noted the sometimes-cozy relationships between the industry and the agency and said that a strong conviction was integral to avoiding industry capture.

“We need intellectual leadership,” said Libertelli, “someone who comes to the agency with the mentality of ‘here’s who I’ve been reading, here is the intellectual framework I want to institute.'”

Libertelli, however, disagreed with Sohn’s employment buffer proposal, saying that such a rule would discourage highly-qualified people from considering government service.

Kelsey also presented the question of whether the perceived lack of philosophical direction at the FCC originated within the agency or as a result of influence from the outside. According to Jonathan Askin, a professor at Brooklyn Law school and former senior attorney at the FCC, the problems come from both within and without the Commission.

“The problem is both that there are 100 AT&T lobbyists,” said Askin, throwing the first of what would be several jabs at the telecommunications giant, “but also that they do the work for the staff and the staff lets them do it.”

Askin also asserted that the problem goes beyond the Commission itself, to Congress, which confirms the commissioners.

“At the top, it’s almost impossible to get an independent champion at the FCC,” he said, “when Congress is so heavily influenced by the industry.”

Some members of the panel called out the effects of an agency they seemed to describe as largely a puppet of industry interests through the example of the recent Open Internet Order. That order, which established net neutrality rules for Internet Service Providers, did not go nearly far enough they said. Askin commented that the Order was not “real net neutrality.”

Using the net neutrality rules as an example, Malkia Cyril, executive director and founder of the Center for Media Justice, joined Sohn and Askin in predicting that their perceived weakness of the Open Internet Order signified a likely acquiescence by the FCC to the industry in the upcoming AT&T/T-Mobile merger review.

“Everyday people need to turn their attention from the FCC to the Department of Justice and let them know very clearly what we need out of this [merger],” said Cyril.

Both the DOJ and FCC will review the merger to ensure it comports with antitrust considerations and the public interest, respectively.

While Sohn predicted the DOJ would eventually block the merger – as Libertelli pointed out, Justice has put the kibosh on 2 out of 3 mergers with similar conditions – she did not anticipate a close look by the FCC. Even in the event that the DOJ blocks the merger, however, she asserted that the merger process would sideline T-Mobile in the meantime and may damage competition in the marketplace as much as a successful merger.

Libertelli, in response, called the merger an attempt to replicate the 1913 deal that formalized AT&T’s monopoly over the phone system.

“AT&T is trying to make another Kingsbury Commitment,” he said.

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.

FCC

Cable Group NCTA Says Deny Exclusive Multitenant Access, But Not Wiring, Agreements

NCTA said the FCC should deny exclusive access to these buildings, but not exclusive wiring agreements.

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Michael Powell, president and CEO of NCTA

WASHINGTON, September 8, 2021 – The internet and television association NCTA is suggesting that the Federal Communications Commission deny all broadband providers exclusive access to multitenant buildings, but to continue allowing exclusive wiring agreements.

On Tuesday, the FCC opened a new round of comments into its examination of competitive broadband options for residents of apartments, multi-tenant and office buildings.

In a Tuesday ex parte notice to the commission, which follows a formal meeting with agency staff on September 2, the NCTA said the record shows that deployment, competition, and consumer choice in multiple tenant environments “are strong,” and that the FCC can “promote even greater deployment and competition by prohibiting not just cable operators, other covered [multiple video programming distributors], and telecommunications carriers, but all broadband providers from entering into MTE exclusive access agreements.

The organization, whose member companies include Comcast, Cox Communications and Charter Communications, also said it should continue to allow providers to enter into exclusive wiring agreements with MTE owners. Wiring just means that the provider can lay down its cables, like fiber, to connect residents.

“Exclusive wiring agreements do not deny new entrants access to MTEs. Rather, exclusive wiring agreements are pro-competitive and help ensure that state-of-the-art wiring will be deployed in MTEs to the benefit of consumers.”

The NCTA also told the FCC that there would be technical problems with simultaneous sharing of building wires by different providers and vouched for exclusive marketing arrangements, according to the notice.

The FCC’s new round of comments comes after a bill, introduced on July 30 by Rep. Yvette Clarke, D-New York, outlined plans to address exclusivity agreements between residential units and service providers, which sees providers lock out other carriers from buildings and leaving residents with only one option for internet.

Reached for comment on the filing, a spokesman for NCTA said they had nothing to add to the filing, which was signed by Mary Beth Murphy, deputy general counsel to the cable organization.

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China

Hytera’s Inclusion on FCC’s National Security Blacklist ‘Absurd,’ Client Says

Diversified Communications Group said the FCC flubbed on adding Hytera to blacklist.

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Acting FCC Chairwoman Jessica Rosenworcel

WASHINGTON, September 8, 2021 – A client of a company that has been included in a list of companies the Federal Communications Commission said pose threats to the security of the country’s networks is asking the agency to reconsider including the company.

In a letter to the commission on Tuesday, Diversified Communications Group, which installs and distributes two-way radio communications devices to large companies, said the inclusion of Hytera Communications Corporation, a Chinese manufacturer of radio equipment, on a list of national security threats is “absurd” because the hardware involved is not connected to the internet and “does not transmit any sensitive or proprietary data.

“It seems that Hytera has been lumped in with other Chinese companies on the Covered List simply because they happen to manufacture electronics in the same country,” Diversified’s CEO Ryan Holte said in the letter, adding Hytera’s products have helped Diversified’s business thrive.

“This is a wrong that should be righted. Hytera is not a national security risk. They are an essential business partner to radio companies throughout the U.S.,” the CEO added.

In March, the FCC announced that it had designated Hytera among other Chinese businesses with alleged links to the Communist government. Others included Huawei, ZTE, Hangzhou Hikvision Digital Technology, and Dahua Technology.

List among a number of restrictions on Chinese companies

This list of companies was created in accordance with the Secure Networks Act, and the FCC indicated that it would continue to add companies to the list if they are deemed to “pose an unacceptable risk to national security or the security and safety of U.S. persons.”

Last month, the Senate commerce committee passed through legislation that would compel the FCC to no longer issue new equipment licenses to China-backed companies.

Last year the U.S. government took steps to ensure that federal agencies could not purchase goods or services from the aforementioned companies, and had previously added them to an economic blacklist.

In July, the FCC voted in favor of putting in place measures that would require U.S. carriers to rip and replace equipment by these alleged threat companies.

The Biden administration has been making moves to isolate alleged Chinese-linked threats to the country’s networks. In June, the White House signed an executive order limiting investments in predominantly Chinese companies that it said poses a threat to national security.

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Digital Inclusion

FCC Says 5 Million Households Now Enrolled in Emergency Broadband Benefit Program

The $3.2 billion program provides broadband and device subsidies to eligible low-income households.

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Acting FCC Chairwoman Jessica Rosenworcel

August 30, 2021—The Federal Communications Commission announced Friday that five million households have enrolled in the Emergency Broadband Benefit program.

The $3.2-billion program, which launched in May, provides a broadband subsidy of $50 per month to eligible low-income households and $75 per month for those living on native tribal lands, as well as a one-time reimbursement on a device. Over 1160 providers are participating, the FCC said, who are reimbursed the cost to provide the discounted services.

The agency has been updating the public on the number of participating households for the program. In June, the program was at just over three million and had passed four million last month. The program was part of the Consolidated Appropriations Act of 2021.

“Enrolling five million households into the Emergency Broadband Benefit Program in a little over three months is no small feat,” said FCC Acting Chairwoman Jessica Rosenworcel. “This wouldn’t have been possible without the support of nearly 30,000 individuals and organizations who signed up as volunteer outreach partners.”

Rosenworcel added that conversations with partners and the FCC’s analysis shows the need for “more granular data” to bring these opportunities to more eligible families.

The program’s strong demand was seen as far back as March.

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