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FCC

Baker to Leave FCC to Lobby for NBCUniversal

WASHINGTON, May 12, 2011 – FCC Commissioner, Meredith Baker, announced Wednesday that she will resign her post on June 3, after which she will begin her tenure as a lobbyist for NBCUniversal.

Baker’s served as one of the five FCC commissioners for less than two years, after being sworn in by President Barack Obama in July, 2009. Previously, she spent five years during the second Bush administration at the National Telecommunications and Information Administration, where she rose to the top spot in that agency.

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WASHINGTON, May 12, 2011 – FCC Commissioner, Meredith Baker, announced Wednesday that she will resign her post on June 3, after which she will begin her tenure as a lobbyist for NBCUniversal.

Baker’s served as one of the five FCC commissioners for less than two years, after being sworn in by President Barack Obama in July, 2009.  Previously, she spent five years during the second Bush administration at the National Telecommunications and Information Administration, where she rose to the top spot in that agency.

Comcast touted the acquisition through a statement from the company’s Washington, D.C. office president, Kyle McSlarrow.

“Commissioner Baker is one of the nation’s leading authorities on communications policy and we’re thrilled she’s agreed to head the government relations operations for NBCUniversal,” said McSlarrow. “Meredith’s executive branch and business experience along with her exceptional relationships in Washington bring Comcast and NBCUniversal the perfect combination of skills.”

FCC Commissioner Meredith Baker

The Texas native’s announcement comes scant months following her January vote to approve the merger of Comcast Corporation and NBC-Universal.  That merger, which was laden with conditions to ensure its approval, drew criticisms that it put too much power over content and delivery in the hands of one company.

Baker, however, criticized the merger’s process openly, saying on several occasions that it took the Commission far too long to approve and that the conditions were both beyond the scope of the FCC’s authority and the result of duress leveraged by the regulating body.

“[Conditions] have become the cost of doing business with the Agency,” said Baker during a keynote address at an Institute for Policy Innovation event in March. “It devolves into how to get more out of the transaction.”

The move from one of the top posts at the FCC directly to one of the companies that agency not only regulates, but also on which it handed down a major vote earlier this year, has led critics to call out Baker and what they call a “revolving door” between employees of regulatory bodies and the companies they regulate.

“Less than four months after Commissioner Baker voted to approve Comcast’s takeover of NBC Universal, she’s reportedly departing the FCC to lobby for Comcast-NBC,” said Craig Aaron, CEO of media watchdog Free Press, through a statement Wednesday. “This is just the latest – though perhaps most blatant – example of a so-called public servant cashing in at a company she is supposed to be regulating.”

Former FCC commissioners have also assumed lobbying positions for private industry, including former Chairman Kevin Martin who left his post at the FCC in 2009 and currently lobbies for the law firm of Patton Boggs on telecommunications issues.  Former Chairman Michael Powell, a Clinton appointee Chairman who left the Commission in 2005, became president of the National Cable & Telecommunications Association last month.

Former senior attorney at the FCC and current Brooklyn Law School Professor, Jonathan Askin, noted Baker’s impartiality as a commissioner with respect to her previous experience in private industry, but expressed disappointment in her move to NBC.

“I think it’s generally inappropriate for government officials to immediately go and represent a commercial entity that is so vested in the regulatory structure,” said Askin during an interview Wednesday.  “I expected more from this administration and people appointed to positions in it.”

Moreover, Askin questioned how the FCC staffers who worked closely with Baker and remain at the agency will be able to view matters relating to Comcast-NBCU objectively. The solution, he says,  is to rely less heavily on the private sector in recruiting for government posts and more heavily on individuals from academic institutions.

Comcast stood by Baker’s move, noting that the soon-to-be former commissioner’s role at NBCUniversal will be firewalled from her previous work at the Commission.

“Commissioner Baker did everything in concert with FCC counsel,” said Sena Fitzmaurice, Vice President of Corporate Communications at Comcast, during an interview Wednesday. “This all happened several months after the [Comcast-NBCUniversal merger] review.”

Fitzmaurice noted that talks with Baker did not begin until as recently as four to six weeks ago.  Restrictions on her position will preclude her from working on any matters relating to the Comcast-NBCUniversal merger “forever,” or lobbying political appointees for the duration of the Obama administration.

Baker may, however, contact and lobby representatives in Congress.

“I am privileged to have had the opportunity to serve the country at a time of critical transformation in the telecommunications industry,” Baker said Wednesday through the statement announcing her resignation. “The continued deployment of our broadband infrastructures will meaningfully impact the lives of all Americans. I am happy to have played a small part in this success.”

 

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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